LIVE COVERAGE | Mob storms the U.S. Capitol on Jan. 6th 2021 Protesters pressed past police and broke into the U.S. Capitol as Congress met in a joint session on Jan. 6 to count each state's ...
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If the standard for justice rests upon the principle that the punishment given is equal to the offense done, then the overall prosecution of the January 6 rioters, to date, represents an abject miscarriage of justice. None were charged with domestic terrorism, attempted murder, treason, or advocating the overthrow of government. No one was found guilty of a hate crime, not even vandalism. Certainly none suffered any cruel and unusual punishment. In fact, a few were not punished at all; and hundreds of these vile criminals plea bargained their way out of jail. Although sentences remain pending for many guilty defendants and the hunt for more participants in this attempt putsch continues, the verdict is already in: our judicial system is guilty of excessive leniency in sentencing the domestic terrorists of January 6. Here are some of the incriminating facts.
As of late September, 919 persons have been arrested for criminal participation in the January 6 insurrection; 431 defendants entered guilty pleas with sentencing still pending for 168 of them; five have been found guilty in a court trial and sentenced, while eight others found guilty in court of all charges brought against them still await sentencing. One case has been dismissed; one defendant was declared not guilty; and one defendant remains a fugitive. With court trials resulting in comparatively stiffer sentences (10 years incarceration in one exceptional case), little wonder that so many defendants charged with multiple federal offenses have opted for a plea agreement.
By far, the most popular plea agreement involves violating federal statute 40 U.S.C. Â § 5104 (Parading, Demonstrating or Picketing in a Capitol Building). 248 defendants entered a guilty plea for this offense; 179 were sentenced, while 69 other offenders of this statute await sentencing. Guilty pleas have also been filed for 10 other federal offenses. In no case of plea bargaining was the maximum allowable punishment imposed upon the offender. Even the terrorist who viciously assaulted police officer Michale Fanone escaped the maximum sentence on September 27. Each adjudicated case, to date, was characterized by sizable punishment deficits. Even when sentences include home detention, community service and/or restitution (typically $500), the pattern of punishment imposed falls far short of the severity of crimes committed. It is no exaggeration to assert that these terrorists have largely been given the functional equivalent of a slap on the wrist. That will hopefully change as militia members (Proud Boys, Oath Keepers, 3%ers) are tried, convicted and sentenced; but nevertheless the disturbing fact remains that the bulk of the domestic terrorists got away with punishment far less than they richly deserve and the law potentially demands.
Summary of Violations, Sentences and Punishment Deficits
Statute Violated
40 U.S.C. Â §5104 (e)(2)(G)
Parading, Demonstrating or Picketing in a Capitol Building
# of Guilty Pleas with Sentence: 179
Punishment
Maximum Sentence Imposed Sentence (average) Deficit
Imprisonment 6 months 41.4 days 138 days
Fine $5,000 $2054 $2946
Probation 1 year 2.2 years (-1.2 years)
Statute Violated
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