Prosecutors are seeking multi-decade-long jail terms for former Proud Boys’ leader Enrique Tarrio and his associates for their alleged role in the Jan. 6 breach, making it the longest punishment related to the incident if the court consents.
“The scope of the defendants’ conspiracy is vast. The defendants organized and directed a force of nearly 200 to attack the heart of our democracy,” said the sentencing memo (pdf) submitted by the Department of Justice (DOJ) prosecutors at the U.S. District Court for the District of Columbia on Thursday. “The government’s evidence showed that all five defendants were motivated to use force to stop the certification proceedings in order to keep former President Donald J. Trump in power.”
“The government recommends that the Court impose a lengthy sentence of imprisonment on each defendant. Specifically, Enrique Tarrio should serve 33 years in prison; Joseph Biggs and Zachary Rehl, 30 years; Ethan Nordean, 27 years; and Dominic Pezzola, 20 years.”
Mr. Tarrio was found to be guilty of seditious conspiracy in May together with Mr. Biggs, Mr. Nodean, and Mr. Rehl. Prosecutors have sought the longest prison terms for these four defendants. Tarrio was not present at the Capitol on Jan. 6.
Mr. Pezzola was acquitted of that charge but found guilty of obstructing an official proceeding, destruction of government property, and conspiracy to prevent Congress and federal law enforcement from performing their duties.
At present, the longest sentence in the Jan. 6 case was handed down to Stewart Rhodes, the founder of Oath Keepers, who was sentenced to 18 years in prison in May this year. The 33-year prison term sought by DOJ prosecutors for Mr. Tarrio is almost double Mr. Rhodes’ term.
The push to secure the highest possible sentences for the Jan. 6 defendants comes as former President Donald Trump is facing multiple indictments, including one in Washington related to the Jan. 6 breach.
A harsh sentencing for the Jan. 6 defendants could pave the way and justify a similar harsh treatment for President Trump.
Special Counsel Jack Smith, who filed the Jan. 6 indictment, is accusing the former president of violating Section 241 of Title 18 of the U.S. Code, arguing that President Trump’s alleged attempts to overturn the 2020 election results threatened lawful votes cast by voters for President Biden.
Violators of Section 241 can be fined and/or imprisoned for up to 10 years. In case the violation results in sexual abuse, kidnapping, or death, the accused can also be sentenced to life imprisonment or death.
The judge set to preside over the case, U.S. District Judge Tanya Chutkan, is an Obama appointee who has sentenced at least 38 people involved in the Jan. 6 breach and is known to hand out harsher punishments than what government prosecutors have requested.
Jan. 6 Defendants’ Lawyers Blame Trump
In the Jan. 6 case (pdf) against Mr. Tarrio and the four other individuals, prosecutors insist that the defendants “embraced their role in bringing about a ‘revolution.’”
“They unleashed a force on the Capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election. The foot soldiers of the right aimed to keep their leader in power. They failed. They are not heroes; they are criminals,” the prosecutors argued.
“The actions of these defendants threatened the bedrock principles of our country—democracy and the rule of law. These defendants sought out and embraced their role as the purveyors of street violence to achieve their political objectives.”
Defense attorneys argued that their clients hatched no conspiracy nor had a plan to attack the U.S. Capitol and sought to characterize the breach as a spontaneous action that was fueled by President Trump’s claims.
Mr. Tarrio’s lawyers argued that President Trump is to be blamed for asking a crowd outside the White House to “fight like hell” on the day. A lawyer for Mr. Rehl and Mr. Biggs insisted that “believing the commander in chief and heeding his call should yield some measure of mitigation.”
“The defendants are not terrorists. Whatever excesses of zeal they demonstrated on January 6, 2021, and no matter how grave the potential interference with the orderly transfer of power due to the events of that day, a decade or more behind bars is an excessive punishment,” attorney Norm Pattis stated.
Two of the charges that Mr. Tarrio and his co-defendants face are the same that President Trump has been charged with—conspiracy to obstruct Congress and obstruction of Congress’ certification of President Biden’s victory.
Mr. Tarrio and his co-defendants will be subjected to several hearings beginning later this month at a federal court in Washington, the same court where President Trump had pleaded not guilty in his Jan. 6 indictment.
Meanwhile, President Trump has argued that it is “impossible” for him to get a fair trial in D.C. The place is “over 95 percent anti-Trump,” he said in an Aug. 3 Truth Social post.
The President Trump expressed hope that the case may be “moved to an impartial venue, such as the politically unbiased nearby State of West Virginia!”
A survey (pdf) by The Economist/YouGov conducted earlier this month asked respondents whether they think “Donald Trump can get a fair trial in Washington, D.C.”
Only 40 percent replied “Yes.” While 39 percent of respondents said “No,” 21 percent replied that they’re “not sure.”
From The Epoch Times
