Judges differ on how to punish Jan. 6 rioters
Obama appointee Chutkan giving harshest sentences
Ohio couple climbed through a broken window of the U.S. Capitol and livestreamed a video of themselves inside. A Texas mortgage broker posed for a selfie in front of rioters breaching the building. An Indiana hair salon owner celebrated on Facebook a day after she joined the pro-donald Trump mob.
Federal prosecutors did not seek prison time for any of them after they pleaded guilty to petty offenses for their actions on Jan. 6, 2021.
The judge had other ideas.
U.S. District Judge Tanya Chutkan put them all behind bars, describing it as the appropriate punishment for their participation in the riot that halted the certification of President Joe Biden’s victory, sent lawmakers running for their lives and left dozens of police officers beaten and bloodied.
As the number of people sentenced for crimes in the insurrection nears 200, an Associated Press analysis of sentencing data shows that some judges are divided over how to punish the rioters, particularly for the low-level misdemeanors arising from the attack.
“We’re asking judges to do what they think is right, and they don’t agree on what’s right,” said Greg Hunter, a lawyer defending several Jan. 6 defendants.
A House committee that held its first public hearing on Thursday cast a wide net in its investigation of the insurrection, examining how former President Donald Trump and his allies tried to undermine the election results.
Chutkan, a former assistant public defender who was nominated to the bench by President Barack Obama, has consistently taken the hardest line against Jan. 6 defendants of any judge serving on Washington’s federal trial court, which is handling the more than 800 cases brought so far in the largest prosecution in Justice Department history.
Chutkan has handed out tougher sentences than the department was seeking in seven cases, matched its requests in four others and sent all 11 riot defendants who have come before her behind bars. In the four cases in which prosecutors did not seek jail time, Chutkan gave terms ranging from 14 days to 45 days.
Overall, the 20 judges who have sentenced riot defendants have given lighter sentences than prosecutors were seeking in nearly three-fourths of the cases. The judges have exceeded prosean
cutors’ recommendation for about only 10% of the defendants, according to AP’S analysis.
Most judges – appointed by presidents of both political parties – have gone easier on defendants than prosecutors wanted in most or all of their cases so far. While some judges have sentenced few Jan. 6 defendants, no other judge besides Chutkan has exceeded prosecutors’ recommended punishment in most of the cases assigned to them.
“Depending on the judge you get, the same facts could get you anything from probation to months in jail,” said Hunter, the defense lawyer. “When you can literally look at who the judge is, who has been assigned to a case, and know that every defendant is going to get more time or less time because of the judge they drew … that doesn’t promote respect for the law,” he added.