Some of the people charged in the Jan. 6 riot at U.S. Capitol are repeating the same refrain. They feel that the Justice Department treats them harshly for their political views, while last year's protests against racial injustice received leniency.
Court records reveal a different story.
The Associated Press reviewed court documents from more than 300 federal cases relating to the protests sparked last year by George Floyd's death. It found that dozens of defendants were convicted of serious offenses and sent to prison.
According to the AP, more than 120 defendants in the United States pleaded guilty or were convicted of federal crimes like arson and rioting. The average time spent behind bars for the more than 70 defendants sentenced thus far has been 27 months. Minimum of 10 were sentenced to five-year prison terms or more.
The contradiction between the rhetoric of Capitol Rioters and their supporters and what courts have found out about them highlights both the racial tension in their arguments that pro-Donald Trump protesters were predominantly white, while last summer's protesters were more diverse, and the flawed assessment at their core.
Kent Greenfield, a Boston College Law School professor, stated that the property damage and accusations of arson and theft from last year were serious. However, they weren't an assault on the core constitutional processes that we depend on in a democracy nor an attack against the United States Congress.
Certain defendants have received lenient agreements, it is certain.
According to the APs review, at least 19 people who were sentenced in the country received no time served or prison time. While many pleaded guilty for lower-level offenses such as misdemeanor attack, some were convicted on more serious charges including civil disorder.
According to court records, 60 of the approximately 100 cases brought against Floyd in Portland, Oregon, were dismissed.
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Many of these defendants were granted deferred resolution agreements. This means that prosecutors will drop charges if they are satisfied with the defendant's behavior and do community service. Some Jan. 6 defendants complained that they don't get the same deals.
However, President Joe Biden's Justice Department has maintained the vast majority of racial justice protest cases brought to the U.S. by Trump. It has also pushed for long prison sentences for those convicted of serious offenses. Federal prosecutors brought in new cases stemming last year's protests since Biden assumed office in January.
Conservatives attempted to link the attack on Capitol with Black Lives Matter protests. Democrats were accused of being hypocrites for failing to condemn the violence after Floyd's death as loudly and the Jan. 6 insurrection. Some Republicans also seized upon the handling of protest cases in Portland to suggest the Jan.6 defendants are being politically persecuted.
This is not the case when you compare the sentences Jan. 6 defendants received by federal judges to those accused of crimes committed during protests against police brutality in the country.
A mere handful of the 600 or so people charged with the insurrection have received the punishments they deserve. Only three people were sentenced to time behind bars. The majority of cases involving people accused of conspiring to stop Biden's victory certification or assaulting police officers remain unresolved.
Fundamentally, the catalysts for the riots and demonstrations for racial injustice were also different.
A mob of Trump supporters, inspired by Trump's lies about the election, descended upon the Capitol, pushing past police barriers and assaulting officers. They also smashed windows, and sent lawmakers running in an astonishing attempt to reverse the presidential election.
Although the demonstrations following Floyd's death were peaceful, they called for an end to police brutality and racial inequalities. Protests in some cities descended into chaos after darkness fell, with many setting fires, looting shops, and attacking officers.
William Barr, Trump's attorney general, encouraged federal prosecutors last year to pursue violent protestors. Defense lawyers claimed that the majority of cases should be handled in state courts. They also accused Justice Department officials with a politically motivated effort stifle the protests.
A man was sentenced this month to four years in prison and ordered to pay $1.5 million in restitution to his attorney for inciting riots in Champaign, Illinois, last spring.
Shamar Betts was just 19 when he posted a flyer to Facebook on May 31, 2020 that stated "RIOT @ MarketPlace Mall", and asked people to bring posters, bricks, friends, and family. Prosecutors said that more than 70 stores were targeted and $1.8 million of damage was caused by the riot.
Elisabeth Pollock was Betts' lawyer. She stated that Betts was upset at police brutality in the U.S. and had lost his job due to the coronavirus epidemic. Betts never intended harm. Betts had no criminal record and was being sent to the maximum prison sentence of five years.
They did not consider any mitigating factors: they didn't take into consideration his childhood, how George Floyd protests affected the community, or how Shamar and the community were affected by the pandemic. In an interview, his lawyer stated that he received no sympathy for him.
A man from Illinois was sentenced this month to almost nine years in prison for setting fire to a Minneapolis cell phone store in June 2020. Two years was given to a man from Charleston, South Carolina who livestreamed his theft of a downtown store.
Numerous defendants were only charged with misdemeanors in the Capitol Riot. Many have been able to plead guilty to one count of demonstrating at the Capitol as part of a standard plea agreement.
A woman from Indiana admitted to illegally entering the Capitol, but did not participate in any violence or destruction. She was released without jail time. Two other misdemeanor defendants were sentenced to one and two months home confinement. After pleading guilty, two other defendants were released from jail and served the maximum six month sentence.
So far, only one defendant has been convicted of a felony. Paul Hodgkins was sentenced to eight months in prison for violating the U.S. Senate chamber with a Trump campaign flag.
Some Republicans in Washington are trying to minimize the attack on Capitol. Many of them portray the siege as mostly peaceful protest, despite the horrific violence that took place live on TV.
In June, Senator Ted Cruz (R-Texas) and four other Republican senators expressed concern over the potential inequal administration of justice regarding the way prosecutors responded to the Jan. 6 Riot and the Black Lives Matter protests.
They claimed that despite the many instances of violence at last year's protests, it appeared that those charged with crimes at these events may be able to benefit from "infrequent prosecutions and minimal, or none, penalties" and claimed that the Justice Department's apparent inability to punish them is in stark contrast to the harsher treatment of Capitol defendants.
A Jan. 6 defendant also accused the Justice Department, similarly, of selective prosecution based upon different political views. He compared his case to how the department handled the Portland protests charges.
Garrett Miller, a Texas resident, was wearing a Tshirt that read, "I Was There, Washington D.C. January 6, 2021" when he was taken into custody. Prosecutors claim Miller sent threatening messages to Rep. Alexandria Ocasio Cortez, a New York Democrat. Miller's lawyer stated that Miller wasn't trying to justify his actions.
However, Miller should not be treated differently based on his political views viz-a-viz those of the Portland rioters. This is what F. Clinton Broden, his attorney, wrote in court papers.
Federal prosecutors claim that Miller has not presented any evidence to support his case as politically motivated.
They also disapproved of any comparisons between Miller's actions and those made by the Portland defendants. These men, despite having committed serious offenses, never entered the federal courthouse system, obstructed a congressional proceeding or targeted a federal officer or officer for assassination.
A Portland defendant was recently granted a deferred settlement agreement. She was accused of hitting an officer in the head with a wooden shield, hoses and a wooden shield. One other was accused of hitting an officer on the side of the face. Records show that other cases were dismissed when defendants pleaded guilty to similar charges in state courts.
According to Kevin Sonoff, spokesperson for the Oregon U.S. Attorneys office, our approach is based on the specific circumstances of the case and the unique characteristics of each defendant. It does not depend on any one standard being applied in all cases.
In Utah, this month, a federal judge sentenced Lateesha Richards, 25, to almost two years imprisonment for throwing a pair of basketball pants onto a burning patrol car and throwing a baseball bat at police officers in a protest held in May 2020 in Salt Lake City. There is no evidence that the bat hit anyone.
Richards was initially charged with arson. This carries a mandatory minimum sentence for five years in prison. However, Richards was able to avoid that fate by agreeing to a plea bargain and pleading guilty to civil disorder.
Richards' actions, the judge stated, were dangerous and put hundreds peaceful protesters in danger. Richards did not start the fire that consumed the police car, but she did fuel the flames, he said.
Alexander Ramos, a defense attorney, argued that Richards should be sentenced to one year in prison. However, Floyd protesters seem to be receiving more scrutiny than other cases.
Ramos stated to the AP that if it didn't have this background political, I believe more people would have been allowed out.
Kelsey Donnel Jackson, a cousin, traveled to Charleston, South Carolina on the same day, May 12, to protest Floyd's murder. Jackson lit a shirt on fire, and then tossed it into the trunk of a vandalized cop car, while other protesters were teasing police officers and flipping tables.
According to prosecutors, Jackson also vandalized public property and businesses, assaulted 2 people, and streamed a Facebook Live video in which he was holding a handgun and making threats about police.
After pleading guilty, he was sentenced to two years imprisonment for maliciously damaging a vehicle of police officers with fire.
Jackson's lawyer stated in court documents that the many people who stormed Capitol with the clear intent of disrupting a session or overturning a lawful electoral election were only charged with misdemeanor offenses.
His attorney stated that we do not refer to similar conduct in other jurisdictions to minimize (Jacksons') conduct and culpability. Rather, we point out that similar (and even more severe) conduct that was clearly intended to intimidate law enforcement or interfere with government operations has been dealt with in a lighter-handed manner elsewhere.
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Richer reported from Boston; Kunzelman, from College Park, Maryland; and Billeaud, from Phoenix.
