Lamberth stated, citing video evidence that the attack was clear, "Had your case gone to trial, then I don't believe there's any jury that could or would have acquitted" you. You couldn't have won this.
Lamberth, a President Ronald Reagan appointee, said that the sentence should be used as a signal for other rioters to accept the chance to plead guilty, rather than risking more time in prison.
The judge declared, "Wise up."
Fairlamb was among the first to enter the Capitol Jan. 6th, entering through a door kicked open just after the first wave rioters entered through the smashed window. Although he was carrying a stolen police baton, he was not charged with using it.
Fairlamb exhorted other mob members to leave the building: "We f ----ing disable them and storm the Capitol," he declared. This exhortation was recorded on video and was played in court. Fairlamb shouted obscenities at officers. In the midst of all this, Fairlamb threw a punch which hit a police officer with his face shield.
Fairlamb recorded a video three days after the attack in which he said, "They pulled a pin on thegrenade, the blackout is coming." It was a great time to be a patriot.
The judge imposed a 44-month sentence after the prosecution had suggested a shorter sentence. Fairlamb’s attorney requested 17 months. This was based on Fairlamb’s credit for time spent in jail since January, when he was arrested.
Fairlamb's sentencing guidelines range was calculated by court officials at 41 to 51 months. Lamberth wasn't required to issue a sentence within the range, but said that he didn't believe Fairlamb needed a shorter sentence.
Fairlamb pleaded for leniency for Lamberth in tears. He stressed that he had taken responsibility for his actions, and that it had disrupted their family when they were discussing having children.
Fairlamb stated that he has a long history of supporting law enforcement. Preston, his brother and Secret Service agent, was reportedly the former first lady Michelle Obama’s security detail.
Scott Fairlamb stated to the judge, "I have a brother whom I haven’t been able talk to out of respect for him position in our government." He's an amazing role model.
Fairlamb claimed that his Jan. 6 actions were totally out of character.
The defendant stated, "That isn't Scott Fairlamb." "That's not me. This is not who I was taught to be. It was a regrettable day.