Nordean and three other Proud Boys seen near him that day have pleaded not guilty to charges of conspiring to obstruct police and the joint session of Congress to confirm the 2020 election results.
Scott has not been charged with conspiracy but is accused of being among the initial members of the mob that engaged with police on the lower West Terrace of the Capitol. He faces charges of assault on a federal officer, engaging in physical violence on Capitol grounds and other counts.
Prosecutors allege as many as 60 members of the Proud Boys, a right-wing group with a history of violence that threw its support to President Donald Trump in the election, communicated on the ground in Washington before several allegedly spearheaded key parts of the rioting that authorities said led to five deaths, assaults on nearly 140 police and the panicky evacuation of lawmakers.
Scott was arrested Thursday and had an initial court appearance in Tampa, according to the Justice Department and court records.
In an April 29 charging affidavit unsealed Thursday, the FBI said Scott, wearing a blue “GOD, Guns & Trump” cap, yellow-tinted goggles and olive-green jacket was “among the first” members of a mob to initiate contact with police at a lower West Terrace stairwell. Four minutes later, according to charging papers, rioters charged up and broke through a window on the next level about 2:13 p.m., eventually raiding the Senate chamber and forcing police to defend the House chamber with guns drawn.
Also arrested Thursday was James Breheny, 61, an alleged Bergen County, N.J., coordinator for the Oath Keepers, whose leadership had called on Trump to use military force to stay in office to avert a “bloody civil war and revolution” against “Communist Chinese puppets,” referring to President-elect Joe Biden and Vice President-elect Kamala D. Harris.
Breheny is charged with violent entry and disorderly conduct, entering and remaining in a restricted building with intent to disrupt government, obstruction of an official proceeding, and corruptly altering, destroying or concealing evidence.
Oath Keepers founder Stewart Rhodes — identified as Person One in government court filings — added Breheny on Jan. 6 to an encrypted “DC Op: Jan 6 21” chat group on Signal used by several of a dozen other Oath Keepers associates who have pleaded not guilty to conspiring to obstruct Congress, the FBI alleged.
Breheny, who goes by the online alias of “Seamus Evers,” was recorded near the violent breach of doors on the Capitol’s East Front and entering the building, according to an arrest affidavit filed Tuesday.
He was set to appear Thursday in New Jersey federal court.
According to an FBI affidavit, Breheny allegedly invited Rhodes on Dec. 21 to attend a Jan. 3 “leadership meeting of ‘multiple patriot groups’ ” from the Mid-Atlantic to plan for the rally in Washington. The meeting was to take place in a building rented by a third party in the tiny southeastern Pennsylvania town of Quarryville, the FBI said, with Breheny allegedly messaging Rhodes: “This will be the day we get our comms on point with multiple other patriot groups, share rally points etc. This one is important and I believe this is our last chance to organize before the show. This meeting will be for leaders only.”
The affidavit did not say whether the meeting took place or provide further details.
Rhodes has denied any plan to enter the Capitol and accused prosecutors of trying to manufacture a nonexistent conspiracy.
Separately, Arizona resident Micajah Joel Jackson, 25, was arrested Tuesday after turning himself in to the FBI in Phoenix on charges of trespassing and disorderly conduct at the Capitol.
Charging papers filed Friday and unsealed Tuesday alleged Jackson was recorded marching with the Proud Boys group led by Nordean, wearing an orange armband he said he was given by Proud Boys members from Arizona, although he denied knowing or being associated with any members before that day.
Jackson is expected to appear before a judge Monday in Washington.
Attorneys for Scott and Jackson did not immediately respond to requests for comment Thursday. Information about an attorney for Breheny was not immediately available.