STANDBY: Sentencing begins in moments in US Capitol breach case of Frank Scavo of Scranton
Unlawful picketing guilty plea
Feds say Scavo recorded video on Jan 6, "Stormed the f**ing Capitol of the f**ing United States at 58 years old. What the f** is wrong with America?"
Feds are seeking 14 days in jail for Scavo
Prosecutor opens up saying, "The attack on the riot that day was a singularly shameful event in our nation's history. What happened was repugnant to our public"
Prosecutor: "He knew a riot was occurring.... before he entered"
Per sentencing memo from prosecutors.. Scavo changed his Facebook profile picture to this.... on February 7, 2021 ====>
Prosecutors are playing four minutes of video of the mob inside the Capitol
The noise and volume is overwhelming. The mob was incredibly loud, agitated and taunting as they cornered police
Prosecutors argue Scavo was unfazed by the horror... and kept pressing forward. And kept recording video
Feds have been making a point at sentencings to specify the Jan 6 defendants knew there was trouble inside... but went inside anyhow
Feds are playing a video recorded by Scavo inside the Capitol... in which Scavo is surrounded by people angrily screaming "Treason, Treason, Treason"
In the recording, you can hear how disorienting it is .. when others use megaphones to scream and echo through the complex
Feds are playing selfie video from Scavo... in which he says "We stormed the F*** Capitol of the F**** United States"
Prosecutor: He believed he was part of a group that "Took back the Capitol"
Scavo's defense attorney begins
Scavo has been "attempting to rectify the crime... by cooperating with the FBI.. and giving them a full & truthful statement.. and provided them with a video .... He restored deleted images.. so the FBI would know he wasn't concealing"
Scavo is now reading a letter he's written to judge
He begins by calling himself a "lifelong Republican" .. and says he campaigned locally on behalf of George H.W. Bush decades ago... and ran for a local school board office and served on the board
Scavo says he "fully expected" Jan 6 to be no different than other political rallies
At the barricades on Jan 6, he says "There was no chatter on the police radio asking for help"
Scavo says "to avoid the crowd.. we went around to the East side" of the Capitol
Scavo: "The crowd pushed up to the doors... and I got caught up in it"
THERE IT IS: The magic phrase used in a growing number of Jan 6 sentencing hearings "CAUGHT UP IN...." (crowd, fervor, moment)
Scavo is arguing that he did not break a door, assault police.. "I never saw the two police officers to my right being attacked" "I did not know in advance that some in the crowd planned.. violent interference with the government"
Lots of "defense" in this plea for leniency
Scavo tells judge: "Candidly I wondered to myself what I was doing there"
Moments ago, Feds say Scavo was saying this *aloud* in Capitol, "We stormed the F*** Capitol of the F**** United States"
Scavo says he's already begun some community service... he says he's been cleaning up trash on Route 309 near Scranton and helping at a soup kitchen (106 total hours, he says) "To make my amends" .. "I am a humble person"
Judge tells defense attorney "You client did not walk through open doors"
Judge doesn't like how defense & Scavo have used that phrase in prior hearings, motions
Judge says Scavo *lied* at initial hearing
Defense: "This is a mob scene. This is a violent event that's taking place"
Defense: "He knew that was a crime. He saw what was going on, people being assaulted, a building being assaulted"
Defense acknowledges Scavo lied to media after Jan 6
Judge says he's giving Scavo credit for early guilty plea and for not assaulting/damaging
Then judge says: "This whole event ended up in preventing the government from being able to function.... the consequence to the nation has to be weighed"
Judge sentences Frank Scavo to 60 days in prison and issues $5000 fine. That's significantly higher than sought by prosecutors
The bar seems to be moving
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Sentencing at 3pm in Jan 6 case of Rasha Abual of New Jersey
Prosecutors will show this exhibit (a Facebook post in which Abual allegedly references CIVIL WAR IS COMING) ===>
Abual’s defense lawyer began argument for leniency saying: My client didn’t want to start a Civil War or be part of a Civil War.
Well this is a first. Among the statements seeking leniency, defense says Abual has been stressed and grinding her teeth … and had to go see a dentist.
STANDBY: Court appearance begins shortly for Jan 6 defendant Bigo Barnett.. who's accused of putting feet on desk in Speaker of the House's office, leaving vulgar note, stealing mail
I interviewed Barnett recently ===>
Prosecutors are updating judge on case. They're running through the complications they face in many Jan 6 cases... there's an avalanche of evidence to prepare for court & defense. Unprecedented amount of evidence... feds hope to be ready with it by end of 2021
Feds want another 60 days to prepare this case
The goalposts keep moving in Jan 6 prosecutions. The feds just can't seem to get atop the mountain of evidence
Jan 6 defendant Brian Mock has filed handwritten motion from jail, seeking dismissal of charges. Mock is charged w/ assaulting police & serving as his own defense lawyer
In motion, he alleges "dereliction of duty" & "insubordination" of Capitol Police ..... and more
(THREAD)
Mock then directs blame at police leadership, DC Mayor Muriel Bowser, Speaker Nancy Pelosi and the Pentagon
==>
Mock then accuses politicians, the media, police and the Justice Dept of perpetuating a "false narrative" of Jan 6... he then uses the phrase "peaceful protest"
Chansley: "I was wrong for entering the Capitol. I have no excuse. No excuses whatsoever. My behavior was indefensible. Number two: I may be guilty of this crime. But I'm not a dangerous criminal.. I'm not an Insurrectionist.. I'm a good man who broke the law"
Chansley: "I'm nothing like these criminals I've been incarcerated with"
Chansley says he told the FBI everything.. because he's a "man of truth"
Chansley says he helped prosecutors and took the plea deal.