Prosecutors stated that Jancart wouldn't have permitted "civilians onto restricted Military Basis [sic]" on the ground that they had 'paid taxes.
This is a significant marker for the Justice Department, which is currently prosecuting hundreds of defendants who broke into the Capitol during the Jan. 6, insurrection. This mob consisted of dozens military veterans, retired service personnel, current and former police officers, as well as a few security-clearance holders. When recommending the sentence that rioters should be given, the Justice Department makes it clear that military service will be considered an aggravating factor.
Although many misdemeanor defendants pleaded guilty to avoid jail time, prosecutors said they don't expect this to be a common occurrence. Instead, the initial defendants were charged with no violence and expressed remorse. They also cooperated with law enforcement.
Jancart and Rau were, however, prepared for violence. Jancart had a gas mask, while Rau had kevlar-lined gloves. They were the first to enter the building and encouraged others to do the same. They continued to explore the building, breaking glass and disregarding tear gas alarms. They also celebrated their actions via social media after the riot.
Jancart was interviewed by law enforcement and defended his actions, suggesting that his status of a taxpayer allowed him to enter the building.
Jancart was not the only one who took steps to show contrition and surrender to authorities. They said that Rau initially celebrated his actions and deleted text messages and photos that could have been used as evidence. They also claimed that he encouraged rioters to engage in violent conduct towards officers.
Rau did not actually participate in the attack but he shouted threats at police officers and celebrated it, Rau's sentencing memo stated. Jancart can also be heard shouting "Get him!" on the video. Rau and Jancart shout, "Go, Go, Go!" and push through the guards when the line is broken.
Rau's January 6 conduct was worse than Jancarts... but Rau's January 6 conduct was still more serious than Derek Jancarts. Based on Exhibit 1, Rau's conduct after Derek Jancarts arrest was both more shocking than Jancarts. However, Raus behavior following Jancarts arrest was sufficient to mitigate the sentence. Both Rau and Jancarts cooperated with the prosecution. Rau's conduct on January 6 was more egregious than Jancarts... although Rau's conduct on January 6 was more egregious than Derek Jancarts based upon the conduct captured in Exhibit 1. Rau's conduct after Derek Jancarts arrest both his cooperation with the prosecution and lack of social media postings is sufficient to mitigate that the government recommends a sentence of four months imprisonment for both defendants.
