Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 30
- Location
- Kings Park, New York
- Charges
- Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; Violent Entry and Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
“Shooting tear gas at us at the Capital (sic). Real nice civil servants,” wrote Long Island-based massage therapist Frank Giustino. He allegedly posted that message to Facebook on Jan. 6, 2021, according to screenshots his former high school classmate sent to the FBI. An FBI affidavit claims Giustino also posted to the group-chatting platform Discord under the handle “President-Elect Frankie G” throughout the day, reiterating: “They’re firing tear gas at us.” The FBI claims surveillance footage shows Giustino passing through the U.S. Capitol’s crypt, rotunda and other areas throughout a 20-minute period on Jan. 6, 2021. He was arrested on Jan. 11, 2022, in Kings Park, N.Y.
Case History
Giustino pleaded Guilty to one charge: Parading, Demonstrating, or Picketing in a Capitol Building. The other charges are dismissed. Sentenced on 11/21/2023 to 90 days incarceration; a $10 Special Assessment; Restitution totaling $500. Giustino received a full pardon on January 20, 2025
Sources
- Primary Documentation
NPR Jan. 6 Defendant DatabaseNPR - Primary Documentation
Underlying court recordCourt record linked by NPR
Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.