This statement from the Judge Lamberth is so good – every word is worth reading. It’s that good. Bring your virtual cigarettes with you; you’ll need one after reading this. h/t rikyrah
Here’s a link to a browser version of the .pdf file of the whole thing.
PDF file that you can download: Jan 6 sentencing today by Judge Lamberth
Today, the Court sentenced Taylor James Johnatakis. The Court ordered that Mr. Johnatakis be committed to the custody of the Bureau of Prisons for a term of 87 months. The following are the notes that the Court used when delivering portions of its oral sentencing.
The Court has received over twenty letters from friends and family of Mr. Johnatakis. Those letters speak to Mr. Johnatakis’s good works, good nature, and good character. Most ask for the Court to release him right away. Many say he did nothing criminal on January 6 and is no danger to society. I appreciate that the defendant has, with exceptions, been courteous and respectful to the Court, and I harbor no personal animosity toward him. The Court agrees that Mr. Johnatakis, like many January 6 defendants, is not an inherently bad person. That is what makes these cases hard.
As the Court has said many times, I take no great pleasure in locking up defendants who led good lives until their actions on January 6, 2021. After thirty-seven years on the bench, the Court knows how disruptive a prison sentence can be for defendants and their families. Nevertheless, the Court cannot let people entirely off the hook for their actions that day. In light of the defendant’s supportive letters, the Court would like to take a moment to explain what it is trying to accomplish when it sentences a defendant such as Mr. Johnatakis for events arising out of the January 6 attack on the Capitol.
A society in which everyone does what is right by his own lights, where adherence to the law is optional, would be a society of vigilantism, lawlessness, and anarchy. As my late friend Justice Antonin Scalia once wrote, “[i]t is the proud boast of our democracy that we have ‘a government of laws and not of men.’” Morrison v. Olson, 487 U.S. 654, 697 (1988) (Scalia, J., dissenting). A person dissatisfied with the government or the law has various non-violent ways to express his or her views.
More below the fold.
The First Amendment protects freedom of speech. It also enshrines “the right of the people peaceably”—let me repeat, peaceably—“to assemble.” And history has shown there is some role for the civil disobedience of Henry David Thoreau and Martin Luther King, Jr., in which a citizen engages in principled and peaceful—let me repeat, peaceful—disobedience of the law in order to protest a perceived injustice. In that situation, the person acknowledges they have broken the law and accepts the legal consequences that follow.
But what the jury found Mr. Johnatakis to have done on January 6 was neither First Amendment-protected activity nor civil disobedience. As the Court has said before, “the First Amendment does not give anyone the right to enter a restricted area or to engage in riotous activity in the Capitol.” See United States v. Little (Little Notes for Resentencing), No. 1:21-cr-315 (RCL), 2024 WL 386718 (D.D.C. Jan. 25, 2024). It obviously does not give anyone the right to assault the police. Nor was the January 6 riot an act of civil disobedience, because it was violent, not peaceful; opportunistic, not principled; coercive, not persuasive; and selfish, not patriotic.
The portrayal of Mr. Johnatakis as either a peaceful protestor or someone simply swept up by the crowd does not match the reality established at trial. One thing that strikes me about the letters is that few of the authors seem to know what he actually did. One person even wrote me that they know he has never done anything violent and never would.
Perhaps Mr. Johnatakis has contributed to this misperception, because although he repeatedly expressed his “heartfelt and sincere” regrets at trial, see, e.g., Nov. 20, 2023 Trial Tr. at 71, ECF No. 256, since his conviction he has denied his conduct and downplayed the January 6 riot itself. But the Court knows the facts of this case because it has heard from the witnesses and examined the evidence, including police body camera footage and videos filmed by Mr. Johnatakis himself. The Court would therefore like to set the record straight about what Mr. Johnatakis did that day.
In any angry mob, there are leaders and there are followers. Mr. Johnatakis was a leader. He knew what he was doing that day. On January 5, he posted on social media: “[B]urn the city down. What the British did to DC will be nothing . . .” Trial Exhibit 904G. The next day, while marching to the Capitol, he recorded and posted a video in which he proclaimed “we’re walking over to the Capitol right now, and I don’t know, maybe we’ll break down the doors.” Presentence Report (PSR) ¶ 26, ECF No. 266.
Once he got to the restricted grounds of the Capitol, he made his way to the vanguard of the crowd, all the while yelling into the megaphone he had brought with him. PSR ¶¶ 27–29. As Metropolitan Police Department Captain David Augustine testified at trial, rioters eventually overwhelmed the police line and forced the officers to retreat up the Capitol’s Southwest stairs, under the scaffolding created for the inauguration.
The video played at trial shows that Mr. Johnatakis led the charge up the stairs. He soon reached a fallback line of barricades manned by police in order to protect the Capitol building itself and the Members of Congress, staff, and others inside. See PSR ¶¶ 29–31. When he got there, he waved on more people toward the police line, and through his megaphone barked commands to “pack it in!” PSR ¶ 32. So, although one of the letters claims that Mr. Johnatakis “set out with good intentions and ended up in a crowd of orchestrated out of control protestors,” in fact it was Mr. Johnatakis himself who organized protestors to violence that day.
Once enough rioters had heeded his calls and swarmed against the police line, Mr. Johnatakis deployed his megaphone to give encouragement and step-by-step instructions for overpowering the police. PSR ¶ 33. As he announced “one, two, three, GO!” he and his fellow rioters—including his co-defendants Craig Bingert and Isaac Sturgeon—picked up the metal barricades and slammed them into the police officers. PSR ¶ 33.
Mr. Johnatakis and the others then raised the barriers higher until they were about head-level with the officers, so that the mob could brawl with the officers without the barriers getting in the way. PSR ¶ 33. In the resulting melee, Mr. Johnatakis seized MPD Officer Juan Gonzalez by the arm. PSR ¶ 33.
Officer Gonzalez testified at trial that with Mr. Johnatakis holding his arm in place, he was unable to hold back the line of rioters or protect himself. Nov. 20, 2023 Trial Tr. at 67. By effectively disarming Officer Gonzalez, Mr. Johnatakis made him vulnerable to serious injury, or worse. Indeed, Officer Gonzalez said that during the assault, he felt like he had suffered a “serious injury” and perhaps even broken his leg. Nov. 20, 2023 Trial Tr. at 58. Another officer who was standing alongside this officer, Officer Marc D’Avignon, thought he was going to die. Nov. 20, 2023 Trial Tr. at 51.
As Mr. Johnatakis walked away from the Capitol, he recorded several videos in which he expressed his satisfaction with what had occurred and pride in the role he had played. He crowed that “for the first time since 1817 that Capitol was stormed” and that members of Congress were forced to evacuate. PSR ¶ 37. He boasted that the crowd was so “irate” that “we probably would have murdered a few of” the Members of Congress “had we seen exactly who they were.” PSR ¶ 37. He summed up his conduct: “I was on the front line. I was on the gate. I organized a push up to the Capitol because I felt like that is exactly what we needed.” PSR ¶ 37.
He also exclaimed that it was “1776 again,” as if he were fighting for freedom against a foreign oppressor, rather than battling his own elected, representative government. PSR ¶ 36.
As the Court has said before, “[o]n January 6, 2021, a mob of people invaded and occupied the United States Capitol, using force to interrupt the peaceful transfer of power mandated by the Constitution and our republican heritage.” Little Notes for Resentencing, 2024 WL 386718, at *3. There can be no room in our country for this sort of political violence.
The Framers designed our constitutional system so that the people govern through their representatives, according to law. Decisions are the result of elections, debates, and compromise. The people, through their representatives, decide. By contrast, those who think political ends justify violent means seek to replace persuasion with intimidation, the rule of law with “might makes right.”
Violence risks begetting a vicious cycle that could threaten cherished conventions and imperil our very institutions of government. In that sense, political violence rots republics. Therefore, January 6 must not become a precedent for further violence against political opponents or governmental institutions. This is not normal. This cannot become normal. We as a community, we as a society, we as a country cannot condone the normalization of the January 6 Capitol riot.
There’s more – the full statement can be found at the links up top.
Open thread.
piratedan
good, put that fucker in jail.
Geo Wilcox
And then you have that idiot federal judge, U.S. District Judge Cormac J. Carney, who let this dirt ball who beat a journalist in 2017 in California off with time served (35 days). The guy is Tyler Laube and the judge let him off because he said the prosecutor should be focused on left leaning groups like Antifa.
https://www.msn.com/en-us/news/us/saying-prosecutors-should-focus-on-antifa-judge-frees-white-supremacist-in-beating/ar-BB1lfXyH?ocid=hpmsn&cvid=bf265eeca3c2485bb0c118e3123e8c61&ei=22
Jeffro
I saw this in the last thread (thanks rikyrah!) and can’t thank this judge enough for laying it all out.
Yup. Most folks still don’t even realize how close we were to seeing members of Congress beaten to death right there, live on TV, on the Capitol steps. Or our VP torn to shreds in a stairwell by trump’s goons.
And all while trump sat in the White House, doing nothing, for over three hours.
Yutsano
Sure, he was nice to stray puppies and coached team leagues in the neighbourhood*. He also willingly hurt officers in the Capitol and attempted to interrupt and possibly halt a Constitutional process. Our good acts do not negate our bad acts. He should absolutely be sentenced in accordance with his guilt.
EDIT: * I actually don’t even know if this is true. I’m sure someone said something along these lines.
TBone
🎶😊
https://m.youtube.com/watch?v=i9QEAtcz3o8
Joy in FL
Thanks for posting this. I don’t take time to search out this kind of document, and I appreciate that you and other front pagers make it easy for me to read important things like this.
The clarity of the facts helps me– there’s so much lying and obfuscation, and my mind gets tired trying to sort things. People like this judge who express things so clearly and objectively have my great thanks and respect.
geg6
I love this judge. Well done!
emjayay
The War of 1812 wasn’t in 1817 either.
bbleh
Oh all these “words” and “reasonableness” and adherence to “law” are just SO UNFAIR!!!
matt
See, he and his friends say he believes he’s a peaceful person and his actions were peaceful, so it’s an attack on his faith to contradict him.
Mr. Bemused Senior
Umm … WG, the title, don’t you mean Jan. 6?
Dangerman
@Geo Wilcox: Cormac Carney. UCLA football player. Very good one. VERY good one.
Clearly too many blows to the head. I have seen his assholishness (sp?) previously. Don’t recall the details.
I’ll quote Coach (Wooden): Goodness gracious.
EFG is more appropriate. Sorry, Coach.
Fuck ‘em.
FAFO.
SiubhanDuinne
This is excellent. Thanks, WG and rikyrah!
@WG, is there a date typo in the post title?
WaterGirl
I LOVE that the Judge sent a copy of his statement to each and every person who wrote a letter of support for this deceitful shitbag.
WaterGirl
@Mr. Bemused Senior: You are correct!
WaterGirl
@SiubhanDuinne: Not anymore! :-)
zhena gogolia
@emjayay: I was wondering about that.
WaterGirl
@Joy in FL: Besides being an insurrectionist, this guy is a liar and a poser. He represents himself one way in this environment and another way in that environment.
If you’re proud of being an insurrectionist, and helping to leave one (!) then own it.
This guy deserves 7+ years in prison.
There are so many great lines in this statement from the judge, I would be hard pressed to pick just the 10 best ones.
raven
@Dangerman:
hueyplong
If the judge had been lenient, this guy would have gone on Newsmax tonight, bragging about how he got over on the judge, would do it all over again, and in fact will if this year’s election is “stolen.”
Now, in the leadup to the election, is the time to make examples.
Right, Donald?
Rachel Bakes
That statement is a thing of beauty.
WaterGirl
@hueyplong: I believe that you are absolutely correct about that!
Like the shitbird Trump attorneys that were force to write letters of apology and wrote the equivalent of a 8-year old boy forced to say “so-rry” to his sister.
Lied in their statements, said they were sorry, “no moral turpitude” alleged so they can go on being attorneys, and as soon as the papers are signed are back to saying the election was stolen.
WaterGirl
deleted.
rikyrah
I want to buy this judge dinner. It was so absolutely on point
WaterGirl
@Rachel Bakes: It really is. Maybe the rest of the judges with Jan 6 cases will just write: “What he said.”
Seriously, it’s so gratifying to read that. I can’t think of a single other thing I wish he had said.
Jeffro
I appreciate articles like this one that give Americans some sense of perspective about Mr. Steadfast Principles’ “thoughts” on abortion rights over the years:
How trumpov’s Abortion Stance Has Changed Over the Years
Shorter:
-Oct 1999: “very pro-choice”
-Jan 2000: “pro-choice but would support a ban”
-Apr 2011: “very pro-life”
-Mar 2016: “there has to be some form of punishment(!) for the woman”
-June 2022: takes credit for overturning Roe; “I delivered everything as promised”
-Sept 2023: Florida’s 6-week abortion ban “a terrible mistake”…
-Jan 2024: …after all, “You have to win elections”
-Mar 2024: open to 15-week nationwide ban…
-Apr 2024: …but let’s “leave it to the states”
What’s great is that in all this back-and-forth, it become crystal clear that trumpov’s only real position on abortion is…whatever he thinks will
keep him out of prisonget him back into power.trollhattan
@Geo Wilcox:
👀👀👀
Upon reading this.
I have questions about the use of “now-disbanded.”
sdhays
@Jeffro: I think Jan 2000 is his “real” position.
Pro (his) choice, would support a ban.
Old School
@sdhays: In today’s “Let Them Fight”: Trump is apparently attacking Lindsey Graham on Truth Social because Graham disagreed with Trump’s “Leave abortion to the states” announcement.
They should settle it with fisticuffs.
HumboldtBlue
These stupid, hateful, pig-ignorant assholes are going to prison for Donald Trump. That’s how fucking stupid they are, they’re now felons with Federal prison sentences because they were stupid enough to listen and follow Trump.
What fucking morons.
coin operated
“The Court would therefore like to set the record straight about what Mr. Johnatakis did that day”
I’m wondering if Mr. Johnatakis was smart enough to recognize this as an “oh, shit!” moment…
edited realize to recognize…
Mr. Bemused Senior
Pistols. At 20 paces. On 5th Avenue.
TBone
Meanwhile, fElon didn’t want his latest deposition released, but it’s out:
https://www.huffpost.com/entry/elon-musk-didnt-want-his-latest-deposition-released-here-it-is_n_66133d2ce4b0d81853f9a766
He impersonated his toddler son in a fake X account, and deleted when he knew he was caught.
WaterGirl
@sdhays: Pro-choice, would support a ban because he knows he can always afford to work around any ban.
Chief Oshkosh
@WaterGirl: Yeah, but since it was more than a noun, a verb, and “stolen election!”, they’ll never read it. Plus, there are no pictures.
mrmoshpotato
As great as it is seeing these shitstains sentenced for trying to overthrow the government, anyone else get re-pissed off about that day?
mrmoshpotato
@HumboldtBlue:
QFT
Chief Oshkosh
@Old School:
Which would result in four broken thumbs.
Sounds great to me.
NotMax
Who routinely carries around a megaphone? He knew full well what his plans were beforehand.
West of the Rockies
@mrmoshpotato:
I live in perpetual repissment.
TBone
@mrmoshpotato: as we all should. It’s not a huge inconvenience for me, but a reminder of what we’re up against. It’s an ongoing coup.
mrmoshpotato
@TBone:
Well put. I should try to look at it in that light.
sdhays
@WaterGirl: It’s not funny, but it is. It’s like he said, “I’m vegan, but I’d be happy to eat a half-pound cheeseburger. You know, something for everyone!”
mrmoshpotato
OT – Go Guardians!
And dammit west coast. Late basketball and baseball tonight.
NutmegAgain
@emjayay: Yeah, but who’s buried in Grant’s tomb?
WaterGirl
@mrmoshpotato: I get pissed off nearly every time I look at the tweets rikyrah posts.
Not pissed off at rikyrah, obviously, in case that wasn’t clear.
Shorter answer is ‘yes’
I also feel kind of sick (and angry) every time I learn some detail that tells me we were even closer to losing it all on Jan 6 than we knew at the time.
eclare
@Jeffro:
I was very afraid for Nancy.
chrome agnomen
@HumboldtBlue: very word of that!
there are no good ones, only either bad ones or ignorant ones.
TBone
@mrmoshpotato: you’re being very good-natured, not many people can do that so easily! Kudos
chrome agnomen
@Mr. Bemused Senior: 2 paces would suit me better.
WaterGirl
@sdhays:
Trump is in his own bubble. Pissing off everyone when he is pretending to give something to everyone.
Seems like the old Trump in his prime would be smarter than that. He’s lost a step. Make that a mile.
mrmoshpotato
@NutmegAgain: Brave Ulysses!
Frankensteinbeck
@Jeffro:
Pregnancy is a woman’s problem. It doesn’t exist to him. Abortion access is another step farther away. His only attachment to it is what his audience wants to hear.
eclare
@Old School:
I say let TFG and Lindsey settle this with pistols at dawn. I bet Lindsey would win that one.
Beaten to the punch by Mr. Bemused Senior.
mrmoshpotato
@eclare:
Same – and for everyone else these bastards wanted to murder.
eclare
@mrmoshpotato:
The scenes of the J6 people chanting “where’s Nancy?!” in the Capitol were chilling.
mrmoshpotato
@eclare: Yeah. And the new things (security footage and pictures) that we saw during Dump’s second impeachment trial.
wjca
Absolutely!
Anywhere beyond point blank range these incompetents would likely miss. Which would a) endanger passers by, and b) undermined the desired outcome with regard to the principals.
wjca
Meanwhile, the latest GOP fundraising text (no, I don’t know why my phone number is on their list) is from TIFG himself.
“One week until all hell breaks loose!” “THEY WANT TO SEE ME IN PRISON!”
From his fingertips to God’s ear.
WV Blondie
@wjca: Yes. Yes we do want to see him in prison! Preferably super-max for the rest of his miserable existence.
Steeplejack
@NotMax:
I never carry a megaphone, because I need to keep my hands free for my bear spray.
Geminid
@trollhattan: Two of the men who assaulted people at the 2017 Charlottesville hate rally were RAM-affiliated. They were Identified, arrested and convicted. Judge Moore gave them 3-4 years prison time each, so they are probably out now.
NotMax
@Steeplejack
“Bear spray to the left of me, TASERs to the right. Here I am, stuck in the rabble with you.”
//
Jeffro
@eclare: I was terrified for all of them
Rs and Ds alike
(as well as our country, of course)
people just can’t picture the end
of the United States, but…they need to read more history
Jeffro
@Frankensteinbeck: exactly.
”my position is…whatever will get me the most votes/keep me out of prison/put me back in the White House “
The Kropenhagen Interpretation
I’d say it’s more important to stay activated than angry. Nursing a grievance does little more than wear down your mood. It may hurt long-term.
I try not to think about 1/6 in the same way I seldom think of 9/11; know what happened and what can be done, but realize it’s above your paygrade beyond picking leaders.
In the meantime, finding a smaller local fight may be empowering.
Princess
@WaterGirl: I think you’re right. It’s hard to finesse abortion but I think the old Trump would have done a better job than this mess.
Eduardo
@WaterGirl: Yes, and the thing that stroke me the most is that the document reads like the judge is talking personally to each of them in the most plain English possible giving that this is a Court document.
Dude can write.
TBone
@The Kropenhagen Interpretation: my anger doesn’t serve to paralyze me, it isn’t enervating. I usually channel the energy into something more positive. It’s empowering.
WaterGirl
@Eduardo: Yes, what he wrote was perfection. Like a conversation.
Melancholy Jaques
@Dangerman:
Although assholishness is a perfectly cromulent word, I prefer to use assholosity.