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Times Leader P.M. Update: Thursday, March 25

Rep. Greene agrees not to block critics from Twitter account

SCRANTON — The attorney for Frank Scavo Thursday said his client was at the U.S. Capitol on Jan. 6, but claims he was pushed into the building, finding himself in the middle of hundreds of people.

That’s a different story than the one Scavo first old in the days after the riot, telling media representatives that he was not in the building that day.

Scavo, who organized 200 local residents to journey to Washington, D.C. on Jan. 6, to take part in what they hoped would be a peaceful protest against the election certification in Congress, was charged Thursday morning in federal court.

Scavo, 58, a former Old Forge School Board member, appeared before Chief Magistrate Judge Karoline Mehalchick of the Middle District of Pennsylvania in federal court in Scranton for a 10 a.m. hearing in which he was charged with four misdemeanors stemming from the insurrection at the Capitol Building.

According to the criminal complaint, Scavo was charged with:

• Knowingly entering or remaining in any restricted building or grounds without lawful authority.

• Disorderly and disruptive conduct in a restricted building or grounds.

• Violent entry and disorderly conduct on Capitol grounds.

• Parading, demonstrating, or picketing in a Capitol building.

Scavo’s attorney, Ernie Preate Jr., said Scavo will plead not guilty to all charges.

A hearing has been set for Wednesday, March 31, in Washington D.C. Depending on the outcome of that proceeding, a probable cause hearing has been scheduled for Thursday, April 1, in Scranton.

Scavo faces a maximum of one year in prison on two of the counts and up to six months on the two other counts. He can also be fined from $100 to $5,000 on the counts.

James Buchanan, of the Department of Justice criminal division, was lead prosecutor at the hearing.

Scavo was not detained, but he is restricted in travel, not being allowed to leave the U.S. and to report to the court’s pre-trial services.

Preate assured the court that Scavo will continue to cooperate and he noted that Scavo has no prior criminal record.

“The first thing I have to do is get admitted to the Washington D.C. Bar Association,” Preate quipped as he exited the downtown courthouse. “I have to note that there were 5,000 people there on Jan. 6. Will they all be charged?”

Preate unveiled some of his defense strategy to reporters gathered on the steps of the courthouse. He said he wants to see the video of that day to determine how Scavo got into the Capitol building.

“Who let him in?” Preate asked. “Those doors open from the inside. Somebody had to open them.”

Preate said Scavo was in the building for :”about eight minutes.” He said Scavo asked two police officers for directions on how to leave the building.

“Mr. Scavo was more in awe of what was happening around him,” Preate said.

When pressed about Scavo’s statements in the days immediately after the riot that he was not in the building, Preate said, “Yes, he was there with a large crowd. He was pushed into the building.”

Preate also said Scavo took a video of the day that shows him being pushed into the building.

“And I am sure there is more video evidence to show his story is accurate,” Preate said.

Preate also noted that Scavo entered the building at 2:42 p.m. and that Congress ended its session at 2:20 p.m.

Earlier Thursday, Preate said he was verbally notified that Scavo would be charged with four misdemeanors — no felonies.

“This will be an interesting case,” Preate said. “We have to see what the government is going to say. Mr. Scavo is entitled to a fair shake. People shouldn’t jump to any conclusions.”

In an interview with the Times Leader a few days after the rioting, Scavo told this newspaper and other media outlets he was not in the building. Media photographs suggested otherwise.

Two Getty Images photos appear to show Republican Scavo — complete with his unmistakably parted silver hair and an “End the Rain Tax” mask — among a crowd filled with Trump hats and flags inside the Capitol on Jan. 6. In one image, Scavo is holding his cell phone aloft to take a photo.

But Scavo said two days after a violent mob invaded the building, that he was not inside the Capitol at the time.

“We stayed about 15-20 minutes and I took some photos. We received a text from the D.C. mayor that a curfew would begin at 6 p.m. We decided to round up our people to return to the buses and leave,” Scavo told the Times Leader.

“We didn’t see what was going on inside the Capitol.”

Scavo was pushed into Capitol, lawyer says