Pennsylvania Attorney Barton Shively, who is on trial on several charges in federal court in Washington, DC, was arrested Tuesday.
The charges against him include aiding and abetting, civil disorder, violent assault, resistance, opposition, obstruction or interference with any federal officer or employee and violent access to restricted grounds or any Capitol building, according to a criminal charge. He has not yet made a plea.
An FBI bulletin containing photos of people seen during the riot, and prosecutors said the FBI received a tip that one of the men in the photo was Shively.
Shively contacted local law enforcement officers during the uprising “admitting he was at the U.S. Capitol” and said he wanted to surrender, according to a court case.
During an interview with the FBI in Pennsylvania, Shively said he was “caught at the moment” and grabbed a police officer by the jacket.
Prosecutors also shared a screenshot of Shively evicting a Capitol police officer – and Assistant U.S. Attorney Scott Ford said during a hearing Tuesday that Shively was lying “officers.”
“His charges differ from the majority of people in DC. He not only entered the Capitol illegally, but laid police officers on three separate occasions,” Ford said.
Defense attorney Thomas Thornton said he did not believe there was evidence that Shively was in the Capitol itself, but said he was on the scene and trampled by the crowd.
‘Mr. “Shively was a person who was obviously carried away during this situation, and was only on the site for a little over ten minutes and then he left there,” Thornton said during the trial.
Ford said the FBI contacted Shively on Tuesday to tell him that an arrest warrant had been filed, and asked him to come in and bring his cell phone.
“(Shively) said, ‘No, I’ll not only bring it, but also that I’ve removed everything from that phone,'” Ford told the trial.
Thornton told CNN on Wednesday that Shively handed over his phone to authorities on Tuesday, that the items removed from it were “videos he found on the internet”, adding that Shively did not take any videos or photos at the Capitol .
“He fully cooperated after surrendering himself,” Thornton told CNN.
Prosecutors noted that Shively, described in court as a former U.S. Marine, was questioned by CNN on January 6 near the Capitol.
“I’ll tell you what happened, we broke down the barriers and we rushed them, we charged them,” Shively told CNN’s Elle Reeve.
Reeve asked Shively what the group’s final was.
“What should we do? Supreme Court is not helping us. Nobody is helping us. Only we can help us. Only we can do it,” Shively said in the interview.
U.S. Magistrate Judge Martin Carlson called the allegations that Shively assaulted federal officials “serious, serious cases” but let Shively release them from custody.
CNN has asked prosecutors if they intend to appeal the decision.