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  • Former Capitol Police officer reflects on 5th anniversary of Jan. 6 riot – WTOP News

    Nearly five years after the Jan. 6 attack, former Capitol Police Officer Harry Dunn reflected on what happened during the riot and its aftermath.

    Tuesday will mark five years since hundreds of supporters of President Donald Trump stormed the U.S. Capitol and reiterated his false claims that the election was stolen.

    U.S. Capitol Police Sgt. Harry Dunn testifies during a House select committee hearing on the Jan. 6 attack on Capitol Hill in Washington, Tuesday, July 27, 2021. (Jim Bourg/Pool via AP)(AP/Jim Bourg)

    The riot happened on Jan. 6, 2021, as Congress was certifying former President Joe Biden’s victory in the 2020 election.

    More than 100 officers were injured in the Capitol riot; one died and several others took their own lives in the aftermath.

    About 1,500 people were convicted on charges associated with their actions during the attack, including some who were convicted of injuring police officers who were trying to protect the Capitol.

    On the day he was sworn into office for a second term, Trump pardoned the 1,500.

    WTOP’s Anne Kramer and Shawn Anderson reflected on the attack with former Capitol Police Officer Harry Dunn, who was at the Capitol on that day.

    Former Capitol Police Sgt. Harry Dunn reflects on the 5th anniversary of the Capitol Riot with WTOP’s Shawn Anderson and Anne Kramer.

    The following transcript has been lightly edited for clarity.

    • Shawn Anderson:

      This has to be an incredibly difficult time for you. Walk us through what you were thinking about, and feeling, as the anniversary comes up tomorrow.

    • Harry Dunn:

      Well, it hasn’t just been this specific time being a difficult one. Every day since that day has been a difficult one. Not because of what happened on that day, but what happened in the aftermath and what continues to happen.

      The lying about what happened, the whitewashing about what happened, denying what happened, not acknowledging the heroic actions by the Capitol Police, the Metropolitan Police, the other departments that responded to save.

      It has been described as a peaceful protest, a tourist visit, by members of Congress, by the president of the United States, and they’re doing whatever they can to change the narrative of that day. It’s really unfortunate, because everybody saw with their own eyes what happened that day.

    • Anne Kramer:

      How difficult, Harry, is that to process — what’s being said? One of your colleagues told The Associated Press the same thing you’ve just mentioned, how difficult it is, even from family and friends, who don’t believe what happened was a big deal or doubt the police in the events of that day.

    • Harry Dunn:

      It’s extremely frustrating. But this isn’t anything new. Tomorrow will be five years and five years of dealing with it. So it’s kind of like you’ve almost gotten used to it.

      I hate that feeling, but I’ll never stop continuing to remind people what really did happen that day, to push back against the lies that are happening. A lot of people are saying, ‘Hey, we should move on from Jan. 6, we should get over it.’ I agree 100%. I would love nothing more than to get over it. But when you have people like the president, this administration doing everything they can, and they’re still talking about it. They’re still bringing it up.

      There’s an active lawsuit in the court to compel the architect of the Capitol to hang a federally mandated plaque up honoring the officers that day. Imagine officers having to go to court to sue to be recognized. It’s just really unfortunate the lengths that they’re going through to whitewash and change the history of that day.

    • Shawn Anderson :

      You became such an activist after Jan. 6, even trying to run for Congress in the state of Maryland. How do you talk to people as you continue to speak to the public these days? What do you tell them as you share your story?

    • Harry Dunn:

      It’s funny that you call me an activist, because I just think it’s standing up and doing what you believe in your heart is right. And I think that’s what it all comes down to, doing what you believe is right. Standing up for when you think something’s wrong, like John Lewis said, ‘Get into good trouble.’ And that’s kind of like been my mantra.

      I don’t know how this is all going to turn out. Everything that’s going on in the world, everything that’s going on with Jan. 6. I don’t know how it’s all going to turn out, none of us do. But I do know that if we don’t show up, if we don’t keep standing up and resisting and there’s some kind of opposition, that it won’t go well for us.

      So the message that I always say out there is keep showing up even when it’s bleak, even when it’s hard. And that’s in everything that you’re doing in life, not just Jan. 6 or political matters, just you have to continue getting up and showing up.

    • Anne Kramer:

      Harry tomorrow, the former leader of the proud boys, Enrique Tarrio, who was convicted and then pardoned by President Trump for his role in the Capitol riot is supposed to hold what’s being called a memorial march to honor those who died. What’s going through your head when you hear this is going to happen tomorrow?

    • Harry Dunn:

      When I first saw it that my honestly reaction was ‘whatever,’ like, I don’t give any credence to anything that those individuals do. They were convicted and pardoned by another criminal themselves, just to be blunt. Criminals pardoned by a criminal and that’s literally all that I see them as.

      Jan. 6 was bad for a lot of people, not just the officers who suffered violence that day; for America, for the rioters who participated, it was a bad day for everybody. And everybody should be seeking transparency. I mean the Proud Boys have lawsuit against the Department of Justice for convicting them, or whatever the specifics of their cases.

      But I just think it’s really unfortunate that they are seeing themselves as the good guys, so to speak, when there were hundreds of officers who protected the Capitol, protected members of Congress who they may or may not agree with just because it’s the right thing to do. They did their jobs. And it’s just really unfortunate. So when I saw that news, I was just like ‘whatever.’

    • Shawn Anderson:

      We mentioned that you did run for Congress a few years after Jan. 6. You didn’t make it through the primary first time around running for Congress? Do you still foresee a political career in your future? Will you try again in some way?

    • Harry Dunn:

      I see a career in just public service and just wherever I can be helpful, wherever I can be useful. I don’t want to give a politician answer. So no, I’ll never rule out an opportunity to run for Congress again. I haven’t ruled it out, but I haven’t made a decision to do so either at this moment.

      But I will always continue to show up, metaphorically speaking, when there’s a fight for it to show up. I will always be there, hopefully on the right side of it.

    Jessica Kronzer

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  • Capitol rioter who assaulted at least 6 police officers is sentenced to 5 years in prison

    Capitol rioter who assaulted at least 6 police officers is sentenced to 5 years in prison

    A Florida man described by prosecutors as one of the most violent rioters who attacked the U.S. Capitol was sentenced on Wednesday to five years in prison, court records show.

    Kenneth Bonawitz, a member of the far-right Proud Boys extremist group’s Miami chapter, assaulted at least six police officers as he stormed the Capitol with a mob of Donald Trump supporters on Jan. 6, 2021. He grabbed one of the officers in a chokehold and injured another so severely that the officer had to retire, according to federal prosecutors.

    Bonawitz, 58, of Pompano Beach, Florida, carried an eight-inch knife in a sheath on his hip. Police seized the knife from him in between his barrage of attacks on officers.

    “His violent, and repeated, assaults on multiple officers are among the worst attacks that occurred that day,” Assistant U.S. Attorney Sean McCauley wrote in a court filing.

    U.S. District Judge Jia Cobb sentenced Bonawitz to a five-year term of imprisonment followed by three years of supervised release, according to court records.

    The Justice Department recommended a prison sentence of five years and 11 months for Bonawitz, who was arrested last January. He pleaded guilty in August to three felonies — one count of civil disorder and two counts of assaulting police.

    Bonawitz took an overnight bus to Washington, D.C., chartered for Trump supporters to attend his “Stop the Steal” rally near the White House on Jan. 6.

    Bonawitz was one of the first rioters to enter the Upper West Plaza once the crowd overran a police line on the north side. He jumped off a stage built for President Joe Biden’s inauguration and tackled two Capitol police officers. One of them, Sgt. Federico Ruiz, suffered serious injuries to his neck, shoulder, knees and back.

    “I thought there was a strong chance I could die right there,” Ruiz wrote in a letter addressed to the judge.

    Ruiz, who retired last month, said the injuries inflicted by Bonawitz prematurely ended his law-enforcement career.

    “Bonawitz has given me a life sentence of physical pain and discomfort, bodily injury and emotional insecurity as a direct result of his assault on me,” he wrote.

    After police confiscated his knife and released him, Bonawitz assaulted four more officers in the span of seven seconds. He placed one of the officers in a headlock and lifted her off the ground, choking her.

    “Bonawitz’s attacks did not stop until (police) officers pushed him back into the crowd for a second time and deployed chemical agent to his face,” the prosecutor wrote.

    More than 100 police officers were injured during the siege. Over 1,200 defendants have been charged with Capitol riot-related federal crimes. About 900 have pleaded guilty or been convicted after trials. Over 750 have been sentenced, with nearly 500 receiving a term of imprisonment, according to data compiled by The Associated Press.

    Dozens of Proud Boys leaders, members and associates have been arrested on Jan. 6 charges. A jury convicted former Proud Boys national chairman Enrique Tarrio and three lieutenants of seditious conspiracy charges for a failed plot to forcibly stop the peaceful transfer of presidential power from Trump to Biden after the 2020 election.

    Bonawitz isn’t accused of coordinating his actions on Jan. 6 with other Proud Boys. But he “fully embraced and embodied their anti-government, extremist ideology when he assaulted six law enforcement officers who stood between a mob and the democratic process,” the prosecutor wrote.

    Bonawitz’s lawyers didn’t publicly file a sentencing memo before Wednesday’s hearing. One of his attorneys didn’t immediately respond to emails and a phone call seeking comment.

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  • Proud Boy Who Threw Rock At Capitol Doors On Jan. 6 Sentenced To 5 Years

    Proud Boy Who Threw Rock At Capitol Doors On Jan. 6 Sentenced To 5 Years

    Anthony Sargent said he threw a rock at the Capitol doors to help police. A judge went above the Justice Department’s recommended sentencing in response.

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  • What Will Happen to the American Psyche If Trump Is Reelected?

    What Will Happen to the American Psyche If Trump Is Reelected?

    There were times, during the first two years of the Biden presidency, when I came close to forgetting about it all: the taunts and the provocations; the incitements and the resentments; the disorchestrated reasoning; the verbal incontinence; the press conferences fueled by megalomania, vengeance, and a soupçon of hydroxychloroquine. I forgot, almost, that we’d had a man in the White House who governed by tweet. I forgot that the news cycle had shrunk down to microseconds. I forgot, even, that we’d had a president with a personality so disordered and a mind so dysregulated (this being a central irony, that our nation’s top executive had zero executive function) that the generals around him had to choose between carrying out presidential orders and upholding the Constitution.

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    I forgot, in short, that I’d spent nearly five years scanning the veldt for threats, indulging in the most neurotic form of magical thinking, convinced that my monitoring of Twitter alone was what stood between Trump and national ruin, just as Erica Jong believed that her concentration and vigilance were what kept her flight from plunging into the sea.

    Say what you want about Joe Biden: He’s allowed us to go days at a time without remembering he’s there.

    But now here we are, faced with the prospect of a Trump restoration. We’ve already seen the cruelty and chaos that having a malignant narcissist in the Oval Office entails. What will happen to the American psyche if he wins again? What will happen if we have to live in fight-or-flight mode for four more years, and possibly far beyond?

    Our bodies are not designed to handle chronic stress. Neuroscientists have a term for the tipping-point moment when we capitulate to it—allostatic overload—and the result is almost always sickness in one form or another, whether it’s a mood disorder, substance abuse, heart disease, type 2 diabetes, or ulcers. “Increase your blood pressure for a few minutes to evade a lion—a good thing,” Robert Sapolsky, one of the country’s most esteemed researchers of stress, emailed me when I asked him about Trump’s effect on our bodies. But “increase your blood pressure every time you’re in the vicinity of the alpha male—you begin to get cardiovascular disease.” Excess levels of the stress hormone cortisol for extended periods is terrible for the human body; it hurts the immune system in ways that, among other things, can lead to worse outcomes for COVID and other diseases. (One 2019 study, published in JAMA Network Open, reported that Trump’s election to the White House correlated with a spike in premature births among Latina women.)

    Another major component of our allostatic overload, notes Gloria Mark, the author of Attention Span, would be “technostress,” in this case brought on by the obsessive checking of—and interruptions from, and passing around of—news, which Trump made with destructive rapidity. Human brains are not designed to handle such a helter-skelter onslaught; effective multitasking, according to Mark, is in fact a complete myth (there’s always a cost to our productivity). Yet we are once again facing a news cycle that will shove our attention—as well as our output, our nerves, our sanity—through a Cuisinart.

    One might reasonably ask how many Americans will truly care about the constant churn of chaos, given how many of us still walk around in a fug of political apathy. Quite a few, apparently. The American Psychological Association’s annual stress survey, conducted by the Harris Poll, found that 68 percent of Americans reported that the 2020 election was a significant source of strain. Kevin B. Smith, a political-science professor at the University of Nebraska at Lincoln, found that about 40 percent of American adults identified politics as “a significant source of stress in their lives,” based on YouGov surveys he commissioned in 2017 and 2020. Even more remarkably, Smith found that about 5 percent reported having had suicidal thoughts because of our politics.

    Richard A. Friedman, a clinical psychiatry professor at Weill Cornell Medical College, wonders if a second Trump term would be like a second, paralyzing blow in boxing, translating into “learned helplessness on a population-level scale,” in which a substantial proportion of us curdle into listlessness and despair. Such an epidemic would be terrible, especially for the young; we’d have a generation of nihilists on our hands, with all future efforts to #Resist potentially melting under the waffle iron of its own hashtag.

    Which is what a would-be totalitarian wants—a republic of the indifferent.

    Ironically, were Trump to win, an important group of his supporters would bear a particular psychological burden of their own, and that’s our elected GOP officials. I’ve written before that Trump’s presidency sometimes seemed like an extended Milgram experiment, with Republican politicians subjected to more and more horrifying requests. During round two, they’d be asked to do far worse, and live in even greater terror of his base—and even greater terror of him, as he tells them, in the manner of all malignant narcissists, that they’d be nothing without him. And he wouldn’t be wholly wrong.

    The Trump base, however, will be intoxicated. We should brace ourselves for a second uncorking of what Philip Roth called “the indigenous American berserk”: The Proud Boys will be prouder; the Alex Jones conspiracists will let their false-flag freakishness fly; the “Great Replacement” theorists will become more savage in their rhetoric about Black, Hispanic, and Jewish people. (The Trump administration coincided with a measurable increase in hate crimes, incited in no small part by the man himself.)

    But at this point, even an electoral defeat for Trump might not significantly diminish the toll that politics is taking on the collective American psyche. “In such a polarized society, everyone is always living with a lot of hate and fear and suspicion,” Rebecca Saxe, a neuroscientist at MIT who thinks a good deal about tribalism, told me. The winner of the presidential election “may change who bears the burden every four or eight years, but not the burden itself.”

    Of course, fractured attention, heightened anxiety, and moral cynicism may come to seem like picayune problems if Trump wins and some 250 years of constitutional norms and rules unravel before our eyes, or we’re in a nuclear war with China, or the former chairman of the Joint Chiefs of Staff is frog-marched off to court for treason.

    “You get Trump once, it’s a misfortune,” Masha Gessen, the author of Surviving Autocracy, told me. “You get him twice, it’s normal. It’s what this country is.


    This article appears in the January/February 2024 print edition with the headline “The Psychic Toll.” When you buy a book using a link on this page, we receive a commission. Thank you for supporting The Atlantic.

    Jennifer Senior

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  • The Proud Boys Love a Winner

    The Proud Boys Love a Winner

    A second Trump term would validate the violent ideologies of far-right extremists—and allow them to escape legal jeopardy.

    Matt Huynh

    Editor’s Note: This article is part of “If Trump Wins,” a project considering what Donald Trump might do if reelected in 2024.

    Until the very end of his presidency, Donald Trump’s cultivation of the Proud Boys, the Oath Keepers, and other violent far-right groups was usually implicit. He counted on their political support but stopped short of asking them to do anything.

    Trump had mastered a form of radicalization sometimes known as stochastic terrorism—riling up followers in ways that made bloodshed likely while preserving plausible deniability on his part.

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    But in the weeks after November 3, 2020, his language became more direct. He named the place and occasion for a “big protest”—on January 6, 2021, when Congress would be certifying his election loss—and told supporters, “Be there, will be wild!” When that day arrived, Trump told the assembled crowd, “If you don’t fight like hell, you’re not going to have a country anymore.” With that, the president of the United States embraced violence as the natural extension of Americans’ democratic differences, and he has not stopped since.

    Trump continues to lash out at his perceived enemies. Yet Americans have mostly been able to treat Trump’s extremism as background noise. That’s partly because he’s no longer in office, and partly because he’s no longer using Twitter. But it’s also because the legal counteroffensive against pro-Trump extremism, along with a proliferation of court proceedings holding Trump himself to task for his misdeeds, appears to have given his fans reason to think twice before committing crimes on his behalf.

    Extremism ebbs and flows. Violent groups can grow only when they can raise money and recruit members faster than law enforcement can shut down their operations. They thrive when they are perceived to be winning; even the kind of person who might be drawn to violence makes a calculation about whether taking part in a plot to, say, overthrow an election or kidnap the governor of Michigan will be worth the risk. In the past few years, Trump’s election loss and his legal woes have made him less persuasive in this regard.

    Trump now faces both state and federal conspiracy charges for his efforts to stay in power despite losing the election. Leaders of the Proud Boys and Oath Keepers have received long prison sentences for their role in the violence of January 6. Fox News, which knowingly broadcast false statements about faulty voting machines rather than offend its pro-Trump core audience, agreed to a defamation settlement of nearly $800 million with Dominion Voting Systems. All of these proceedings have demonstrated that Trump and his supporters will be held accountable for what they do and say.

    But if Trump wins another term, both he and his most disreputable supporters will feel vindicated. The Republican Party has already given Trump a pass for exhorting a mob to break into the Capitol. In turn, Trump has promised to pardon many of the January 6 insurrectionists. His forgiveness could extend to extremist leaders convicted on federal charges.

    Federalism, to be sure, would be a check on his power. Trump’s followers, like Trump himself, may still be subject to state prosecution. But a president with firm control of the Justice Department, who wields a corps of supporters willing to use intimidation for political ends and who has maintained a considerable following among police, could overwhelm the ability of state institutions to uphold the law.

    Trump’s bullying of military leaders, journalists, and judges was never merely the ranting of an attention seeker, and that behavior—backed by the credible threat of violence from radicalized supporters—will likely become even more central to his governing style. “The extremism won’t be some side group,” Erica Chenoweth, a Harvard professor who studies political violence, told me. “It won’t be like a terror group against the state. The conditions will be different. It will be embedded into state institutions, and into the orientation of the state against perceived opponents.”

    What’s clear is that a restored Trump would have a winning narrative in which right-wing extremism, after suffering some legal setbacks during the Biden interregnum, thrives again.


    This article appears in the January/February 2024 print edition with the headline “Extremists Emboldened.”

    Juliette Kayyem

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  • 9/5: CBS Evening News

    9/5: CBS Evening News

    9/5: CBS Evening News – CBS News


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    Proud Boys’ Enrique Tarrio sentenced to 22 years in Jan. 6 case; Student loan payments resuming next month

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  • Proud Boys leader Enrique Tarrio sentenced to 22 years in prison in Jan. 6 seditious conspiracy case

    Proud Boys leader Enrique Tarrio sentenced to 22 years in prison in Jan. 6 seditious conspiracy case

    Washington — The one-time chairman of the Proud Boys, Enrique Tarrio, was sentenced to 22 years in prison on Tuesday, the longest prison sentence imposed in the Justice Department’s sprawling investigation into the Jan. 6 Capitol breach. 

    Prosecutors had recommended a sentence of 33 years in prison.

    Henry “Enrique” Tarrio has been in jail since his 2022 arrest and was convicted earlier this year by a Washington, D.C. jury on multiple charges including seditious conspiracy. Like his co-defendants in the case, the jurors did not convict Tarrio on every count he faced at the time. 

    His co-defendant Ethan Nordean was sentenced last week to 18 years, while others received terms of between 10 and 17 years. Tarrio’s sentencing was supposed to be earlier but was delayed due to U.S. District Court Judge Timothy Kelly’s illness. 

    Court sketch of former Proud Boys leader Enrique Tarrio at his sentencing
    Court sketch shows the former chairman of the far-right Proud Boys, Enrique Tarrio, at his sentencing for seditious conspiracy and other charges related to Jan. 6, 2021 Capitol riots, on Sept. 5, 2023.

    Sketch by William J. Hennessy, Jr.


    Tarrio wasn’t present at the Capitol on Jan. 6, but prosecutors in their sentencing papers described him as the “primary organizer” of the conspiracy for which he and his co-defendants were convicted. He used his outsized influence “to condone and promote violence” in others, prosecutors wrote, adding, “He was a general rather than a soldier.” 

    After the 2020 presidential election, according to evidence presented at trial, Tarrio began posting on social media and in message groups about a “civil war,” later threatening, “No Trump…No peace. No Quarter.” And as Jan. 6 approached, he posted about “revolt.” 

    His co-defendants — Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola — gathered with other Proud Boys members on the day of the riot and marched toward the Capitol, interfering with police and ultimately forcing entry into the building where Congress was attempting to certify President Biden’s victory. Pezzola was the only co-defendant to not be convicted of the most severe charge of seditious conspiracy at trial, but he was found guilty of using a stolen police riot shield to break a Capitol window.

    “Make no mistake, we did this,” Tarrio wrote on social media during the riot, according to trial evidence.

    proud-boys-sentences.jpg

    CBS News


    “Enrique Tarrio was the leader of this conspiracy. He was on a tier of his own,” prosecutor Conor Mulroe said in court Tuesday. “The defendant and his co-conspirators targeted our entire system of government.” 

    The Proud Boys defendants and the group they led to the Capitol that day, Mulroe said, were a “tidal wave of force” at the start of the attack and played a “pivotal” role in the violence on Jan. 6. 

    “They came so close to succeeding,” the prosecutor warned. “There was a very real possibility that we were going to wake up on Jan. 7 in a full-blown constitutional crisis with the federal government in complete chaos.” 

    Tarrio himself spoke and asked for leniency during Tuesday’s hearing. He said that he was sorry for the events of Jan. 6 and apologized to law enforcement and Washington, D.C., residents. 

    “The citizens of D.C. deserve better,” Tarrio said. “What happened on Jan. 6 was a national embarrassment.” 

    He told the judge he had been angry because his candidate — Donald Trump — lost the 2020 election, and he continued to hear claims of a stolen election

    “To the men and women of law enforcement who answered the call that day, I am sorry,” Tarrio said.

    “I am not a political zealot. Inflicting harm or changing the results of the election was not my goal,” he explained, “Please show me mercy.” 

    Tarrio’s fiancée, sister, and mother all asked the judge for leniency, urging the court to see past Tarrio’s actions and rhetoric.

    Throughout the monthslong trial, defense attorneys worked to separate the defendants’ rhetoric from the events of Jan. 6 and, in some cases, tried to at least in part blame then-President Donald Trump for the violence that unfolded. 

    “Did he say some things that he shouldn’t have? Did he celebrate? … Sure,” Tarrio’s defense attorney Sabino Jauregui said in court on Tuesday, reiterating much of the Proud Boys’ case at trial. “But he did not have any direct influence, any direct orders.” 

    The defense attorney said Tarrio had “no way to know” what would happen at the Capitol on Jan. 6. The judge, however, appeared unconvinced and told Tarrio’s team that the jury had already convicted him of the conspiracy that tied him to the events at the Capitol. 

    “An entire branch of government was brought to heel,” the judge said Tuesday. “That was all brought about in part by the actions of the defendant and his co-conspirators.” 

    Based on evidence presented during the hearing, Judge Kelly concluded that Tarrio  began planning for the Jan. 6 attack as early as Dec. 19, 2020, and instituted a rigid command structure for preparation and recruitment. 

    Proud Boys leader Enrique Tarrio at a pro-Trump protest in December 2020
    Proud Boys leader Enrique Tarrio (L) and Joe Biggs (R) during a protest on Dec. 12, 2020 in Washington, D.C., ahead of the Electoral College vote to make Trump’s loss official.

    / Getty Images


    Tuesday’s sentencing hearing was the last of Kelly’s five proceedings in the last week related to the Proud Boys case, during which time he imposed sentences that varied, including one that was half what the government had requested,  a decade in prison for Dominic Pezzola. 

    Judge Kelly said in sentencing Tarrio that the evidence showed that “Mr. Tarrio was the ultimate leader, the ultimate person who organized, who was motivated by revolutionary zeal.” 

    “His not being present did serve some strategic purposes,” the judge said, “It did allow his lieutenants to rile up the crowd that day, and it did, from his perspective, insulate him…and distance himself from what in fact unfolded that day, and that is useful to someone as smart as Mr. Tarrio.” 

    “I don’t have any indication that he is remorseful for the actual things that he was convicted of,” Judge Kelly said.

    Prosecutors successfully petitioned the judge to apply a terrorism-related enhancement to the sentences, alleging the defendants retaliated against their government. Ultimately, however, Kelly did not allow such considerations to heavily affect the length of the sentences he imposed. 

    “My client is no terrorist. My client is a misguided patriot,” Jauregui claimed in court Tuesday, unsuccessfully arguing that the judge should reject the terrorism-related enhancement. 

    Citing Tarrio’s Cuban American heritage, another defense attorney, Nayib Hassan, told Kelly,  “We talk s**t and that is exactly what [Tarrio] was doing” in his rhetoric after the attack. 

    “He should keep George Washington out of it,” the judge shot back, denouncing Tarrio’s past comparisons of his co-defendants’ actions during the Capitol attack to the founders. On Tuesday, Tarrio referred to those allusions he had made as “a perversion.” 

    “It is kind of hard to put into words how important that peaceful transfer of power is. Our country was founded as an experiment in self-government by the people but it cannot long endure if the way we elect our leaders is threatened with force and violence,” Judge Kelly said Tuesday. “What happened that day didn’t honor our founders. It was the kind of thing they wrote the Constitution to prevent.” 

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  • Proud Boys member Dominic Pezzola, who broke Capitol window with riot shield, sentenced to 10 years in prison

    Proud Boys member Dominic Pezzola, who broke Capitol window with riot shield, sentenced to 10 years in prison

    Capitol Breach Extremist Plots
    FILE: In this Jan. 6, 2021, photo, rioters, including Dominic Pezzola, center with police shield, are confronted by U.S. Capitol Police officers outside the Senate Chamber inside the Capitol, Wednesday, Jan. 6, 2021, in Washington. 

    Manuel Balce Ceneta / AP


    Washington — Dominic Pezzola, a member of the far-right Proud Boys group who became one of the more recognizable faces of the Jan. 6 Capitol attack after video showed him smashing a Capitol window with a riot shield, was sentenced to 10 years in prison on Friday.

    Pezzola was convicted of numerous felony counts stemming from his involvement in the breach — including obstruction of an official proceeding and destruction of government property. Unlike his co-defendants, including Proud Boys leader Enrique Tarrio, Pezzola was acquitted by a jury of the most severe charge of seditious conspiracy. 

    Despite his acquittal on this charge, prosecutors asked federal Judge Timothy Kelly to sentence Pezzola to 20 years in prison, a request the judge denied during Friday’s hearing. 

    Unlike Pezzola’s Proud Boys co-defendants Tarrio, Ethan Nordean, Zachary Rehl and Joseph Biggs, whom prosecutors characterized in a sentencing filing as leaders of the Jan. 6 mob, Pezzola was “an enthusiastic foot soldier” and one of the “most violent members on January 6, 2021.” 

    He gathered with more than 100 members of the group including Nordean, Rehl and Biggs at the Washington Monument ahead of the Capitol attack and marched to the Capitol. According to evidence presented at trial, Pezzola then attacked law enforcement, stole a riot shield and used the shield to break a Capitol window before entering the building. 

    In a selfie video he took from inside the Capitol Crypt during the attack, Pezzola proclaimed, “I knew we could take this motherf***** over if we just tried hard enough.”

    Pezzola — one of only two of the five Proud Boys co-defendants to take the stand in his own defense — urged the court in his own sentencing memorandum to send him to prison for 5 years. 

    “I’m taking the stand today to take responsibility for my actions on January 6,” he said from the stand during the month-long trial, but also looked to blame law enforcement for the violence that day. His attorneys argued during the trial that there had been no conspiracy among the group of Proud Boys. 

    But as Pezzola walked out of courtroom after sentencing, he lifted his fist and yelled, “Trump won!”

    Minutes earlier, nearly in tears, Pezzola told the judge he’d given up politics. His wife, daughter and mother were in the courtroom at the time, and each addressed the judge during Pezzola’s sentencing. 

    Pezzola’s wife, Lisa Magee, said that her daughters “have become victims and harassment, bullying at school.” His daughter said, “Take a look at my father, and then take a look at me. I am everything good … I’m a college student, a scientist… I don’t do drugs, I don’t drink, and he contributed to that.” 

    His mother called Pezzola “a wonderful child” and said he “never gave me any trouble.”  

    Pezzola’s sentence comes just a day after Judge Kelly sentenced Biggs and Rehl to 17 and 15 years in prison respectively. Both men were found guilty of seditious conspiracy. 

    Tarrio faces his sentencing Tuesday. 

    Scott MacFarlane contributed to this report.

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  • 2 Proud Boys members sentenced in Jan. 6 case

    2 Proud Boys members sentenced in Jan. 6 case

    2 Proud Boys members sentenced in Jan. 6 case – CBS News


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    Two members of the far-right group Proud Boys were sentenced Thursday for their roles in the Jan. 6 2021 assault on the U.S. Capitol. Joseph Biggs was sentenced to 17 years in prison while Zachary Rehl was given a 15-year sentence. Ed O’Keefe reports.

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  • Proud Boys leader Enrique Tarrio’s sentencing delayed in seditious conspiracy case

    Proud Boys leader Enrique Tarrio’s sentencing delayed in seditious conspiracy case

    Washington — Former Proud Boys leader Enrique Tarrio’s sentencing hearing, which had been scheduled for Wednesday, has been delayed due to the judge being out sick, a U.S. Marshals Service spokesperson said. The court says his sentencing has been rescheduled for Tuesday, Sept. 5. Tarrio is to be sentenced for numerous felony counts tied to the Jan. 6, 2021, Capitol assault including seditious conspiracy.

    Tarrio and three subordinates — Joseph Biggs, Ethan Nordean and Zachary Rehl — were found guilty in May of seditious conspiracy, the most serious charge brought in the Justice Department’s sprawling probe of the breach. A jury in Washington, D.C., found another co-defendant, Dominic Pezzola, not guilty of that most severe charge, but convicted him on other counts. Nordean, who was also supposed to be sentenced Wednesday, will be sentenced Friday.

    Prosecutors have asked federal Judge Timothy Kelly to send Tarrio and Biggs to prison for 33 years — the longest sentencing request so far — and alleged they “and the men they recruited and led participated in every consequential breach at the Capitol on January 6.” 

    In court filings earlier this month, the Justice Department alleged Tarrio and his co-defendants worked to bring about a “revolution” and argued they should be punished accordingly. 

    “The defendants personally deployed force against the government on January 6,” prosecutors wrote, urging Kelly to apply an enhanced sentence, based on allegations that the Proud Boys engaged in conduct related to terrorism — that is, they were found guilty of retaliating against their government. 

    Although Tarrio wasn’t at the Capitol on Jan. 6, prosecutors in their sentencing papers called him the “primary organizer” of the conspiracy and said he used his outsized influence “to condone and promote violence” in others. “He was a general rather than a soldier.” 

    But Tarrio’s attorneys pushed back in a sentencing filing of their own, calling the Justice Department’s terrorism recommendation “arbitrary” and unnecessary. 

    “Participating in a plan for the Proud Boys to protest on January 6 is not the same as directing others on the ground to storm the Capitol by any means necessary. In fact, Tarrio was not in contact with anyone during the event he is alleged to have led or organized,” the defense attorneys argued. 

    During a months-long hearing earlier this year, prosecutors presented evidence that soon after the election, Tarrio began posting on social media and in message groups about a “civil war,” later threatening, “No Trump…No peace. No Quarter.” 

    “Let’s bring this new year in with one word in mind: revolt,” he wrote on Jan. 6, 2021, according to the government’s evidence. 

    Nordean, Rehl, Biggs and Pezzola gathered with over 100 Proud Boys near the Washington Monument on Jan. 6, 2021, around the time that President Donald Trump was speaking at the White House Ellipse, and the government contends they then marched to the Capitol, where they were accused of participating in and encouraging the violence. 

    “Make no mistake, we did this,” Tarrio wrote on social media during the riot. 

    “Did Enrique Tarrio make comments that were egregious? Absolutely,” Tarrio’s defense attorney asked the jury in closing arguments. “You may not like what he said, but it is First Amendment-protected speech.” 

    But the jurors were unconvinced and convicted Tarrio of seditious conspiracy and other crimes. 

    Tarrio and his co-defendants are not the first Jan. 6 defendants to be sentenced for seditious conspiracy.  Stewart Rhodes, the founder of the far-right group known as the Oath Keepers, was sentenced to 18 years in prison after a jury found him guilty of the crime. The sentence was lower than the 25 years recommended by prosecutors. 

    The Justice Department has said it plans to appeal that sentence, and many Oath Keepers defendants, including Rhodes, are appealing their convictions. 

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  • Justice Department wants 33-year prison term for ex-Proud Boys leader Enrique Tarrio in Capitol insurrection

    Justice Department wants 33-year prison term for ex-Proud Boys leader Enrique Tarrio in Capitol insurrection

    The Justice Department is seeking 33 years in prison for Enrique Tarrio, the former Proud Boys leader convicted of seditious conspiracy in one of the most serious cases to emerge from the Jan. 6, 2021, attack on the U.S. Capitol, according to court documents filed Thursday.

    The sentence, if imposed, would be by far the longest punishment that has been handed down in the massive Jan. 6 prosecution. Oath Keepers founder Stewart Rhodes, who was convicted of seditious conspiracy in a separate case, has received the longest sentence to date — 18 years.

    Tarrio, who once served as national chairman of the far-right extremist group, and three lieutenants were convicted by a Washington jury in May of conspiring to block the transfer of presidential power in the hopes of keeping Republican Donald Trump in the White House after he lost the 2020 election.

    Tarrio, who was not at the Capitol riot itself, was a top target of what has become the largest Justice Department investigation in American history. He led the neo-fascist group — known for street fights with left-wing activists — when Trump infamously told the Proud Boys to “stand back and stand by” during his first debate with then-Democratic presidential nominee Joe Biden.

    During the months-long trial, prosecutors argued that the Proud Boys viewed themselves as foot soldiers fighting for Trump as the Republican spread lies that Democrats stole the election from him, and were prepared to go to war to keep their preferred leader in power.

    “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,” prosecutors wrote in their filing. “The foot soldiers of the right aimed to keep their leader in power. They failed. They are not heroes; they are criminals.”

    Prosecutors are also asking for a 33-year-sentence for one of Tarrio’s co-defendants, Joseph Biggs of Ormond Beach, Florida, a self-described Proud Boys organizer.

    They are asking the judge to impose a 30-year prison term for Zachary Rehl, who was president of the Proud Boys chapter in Philadelphia; 27 years in prison for Ethan Nordean of Auburn, Washington, who was a Proud Boys chapter president; and 20 years for Dominic Pezzola, a Proud Boys member from Rochester, New York. Pezzola was acquitted of seditious conspiracy but convicted of other serious charges.

    Tarrio wasn’t in Washington on Jan. 6, because he had been arrested two days earlier in a separate case and ordered out of the capital city. But prosecutors alleged he organized and directed the attack by Proud Boys who stormed the Capitol that day.

    Defense attorneys argued there was no conspiracy and no plan to attack the Capitol, and sought to portray the Proud Boys as an unorganized drinking club whose members’ participation in the riot was a spontaneous act fueled by Trump’s election rage. Tarrio’s lawyers tried to argue that Trump was the one to blame for exhorting a crowd outside the White House to ” fight like hell.”

    Attorneys for the Proud Boys say prosecutors’ proposed sentences are extreme. Noting that the chaos on Jan. 6 was fueled by Trump’s false election claims, a lawyer for Biggs and Rehl told the judge 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 wrote.

    Like in the case of Rhodes and other Oath Keepers, prosecutors are urging the judge to apply a so-called “terrorism enhancement” — which can lead to a longer prison term — under the argument that the Proud Boys sought to influence the government through “intimidation or coercion.”

    U.S. District Judge Amit Mehta agreed with prosecutors that the Oath Keepers’ crimes could be punished as “terrorism,” but still sentenced Rhodes and the others to prison terms shorter than what prosecutors were seeking. Prosecutors had asked Mehta to sentence Rhodes to 25 years behind bars.

    Tarrio, of Miami, and his co-defendants will be sentenced before U.S. District Judge Timothy Kelly in a string of hearings starting later this month in Washington’s federal court.

    It’s the same courthouse where Trump pleaded not guilty this month in the case brought by special counsel Jack Smith accusing the Republican of illegally scheming to subvert the will of voters and overturn his loss to Biden. Trump has denied any wrongdoing.

    Tarrio and three of his lieutenants were also convicted of two of the same charges Trump faces: obstruction of Congress’ certification of Biden’s victory, and conspiracy to obstruct Congress.

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  • Judge Awards Black Church $1 Million After Proud Boys Burned BLM Flag

    Judge Awards Black Church $1 Million After Proud Boys Burned BLM Flag

    WASHINGTON (AP) — A judge on Friday awarded more than $1 million to a Black church in downtown Washington, D.C. that sued the far-right Proud Boys for tearing down and burning a Black Lives Matter banner during a 2020 protest.

    Superior Court Associated Judge Neal A. Kravitz also barred the extremist group and its leaders from coming near the Metropolitan African Methodist Episcopal Church or making threats or defamatory remarks against the church or its pastor for five years.

    The ruling was a default judgment issued after the defendants failed to show up in court to fight the case.

    Two Black Lives Matter banners were pulled down from Metropolitan AME and another historically Black church and burned during clashes between pro-Donald Trump supporters and counterdemonstrators in December 2020.

    The destruction took place after weekend rallies by thousands of people in support of Trump’s baseless claims that he won a second term, which led to dozens of arrests, several stabbings and injuries to police officers.

    Metropolitan AME sued the Proud Boys and their leaders, alleging they violated D.C. and federal law by trespassing and destroying religious property in a bias-related conspiracy.

    Proud Boys leader Henry “Enrique” Tarrio, of Miami, publicly acknowledged setting fire to one banner, which prosecutors said was stolen from Asbury United Methodist Church.

    In July 2021, Tarrio pleaded guilty to two misdemeanor criminal charges of property destruction and attempted possession of a high-capacity magazine.

    He was sentenced to more than five months in jail.

    Tarrio and other members of the Proud Boys were separately convicted of seditious conspiracy charges as part of a plot to attack the U.S. Capitol on Jan. 6, 2021, in a desperate bid to keep Donald Trump in power after the Republican lost the 2020 presidential election.

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  • Prosecutors seek 25-year prison sentence for Oath Keepers founder Stewart Rhodes

    Prosecutors seek 25-year prison sentence for Oath Keepers founder Stewart Rhodes

    The Justice Department is seeking 25 years in prison for Stewart Rhodes, the Oath Keepers founder convicted of seditious conspiracy for what prosecutors described as a violent plot to keep President Joe Biden out of the White House, according to court papers filed Friday.

    A Washington, D.C., jury convicted Rhodes in November in one of the most consequential cases brought in the Jan. 6, 2021, attack on the U.S. Capitol, when a mob of then-President Donald Trump’s supporters assaulted police officers, smashed windows and temporarily halted Congress’ certification of Biden’s victory.

    The sentencing recommendations come a day after jurors in a different case convicted four leaders of another extremist group, the Proud Boys — including former national chairman Enrique Tarrio — of seditious conspiracy. The Proud Boys were accused of a separate plot to forcibly keep Trump in power after he lost the 2020 election.

    Jurors found Rhodes plotted an armed rebellion with members of his far-right extremist group to stop the transfer of presidential power from Trump to Biden.

    Prosecutors asked the judge to go above the standard sentencing guidelines, arguing the crimes deserve a longer sentence for terrorism because the goal was to influence the government through intimidation or coercion. They also argued Rhodes has not accepted responsibility for his actions, “still presents a threat to American democracy and lives and does not believe he has done anything wrong.”

    In addition to seditious conspiracy, Rhodes was convicted of obstructing Congress’ certification of Biden’s victory. Each charge calls for up to 20 years in prison.

    Prosecutors are seeking prison sentences ranging from 10 to 21 years for eight other Oath Keepers defendants convicted at trials. The Justice Department asked for 21 years behind bars for Kelly Meggs, the Florida chapter leader convicted of the sedition charge alongside Rhodes.

    “These defendants were prepared to fight. Not for their country, but against it. In their own words, they were ‘willing to die’ in a ‘guerilla war’ to achieve their goal of halting the transfer of power after the 2020 Presidential Election,” prosecutors wrote in the nearly 200-page court filing.

    Rhodes is scheduled to be sentenced on May 25. Rhodes’ attorneys haven’t yet filed papers indicating how much time they will ask the judge to impose. They have vowed to appeal his conviction.

    Prosecutors built their case around dozens of encrypted messages and other communications in the weeks leading up to Jan. 6 that showed Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection” to defeat Biden if Trump didn’t act.

    Hundreds of people have been convicted in the attack that left dozens of officers injured and sent lawmakers running for their lives. But Rhodes and Meggs were the first Jan. 6 defendants to be convicted at trial of seditious conspiracy.

    “These defendants stand out among January 6 defendants because they not only joined in this horrific attack on our democracy as it unfolded, but they all took steps, in advance of January 6, to call for and prepare for such an attack,” prosecutors wrote.

    Rhodes, a Yale Law School graduate and former Army paratrooper, didn’t go inside the Capitol. Taking the witness stand at trial, he insisted there was no plan to attack the Capitol and said the Oath Keepers who did acted on their own. Rhodes said the Oath Keepers’ only mission that day was to provide security for Trump ally Roger Stone and other figures at events before the riot.

    Three other defendants on trial with Rhodes and Meggs were acquitted of seditious conspiracy, but convicted of obstructing Congress, which also carries up to 20 years in prison. Another four Oath Keepers were convicted of the sedition charge during a second trial.

    Jurors in Rhodes’ case saw video of his followers wearing combat gear and shouldering their way through the crowd in military-style stack formation before forcing their way into the Capitol.

    Rhodes spent thousands of dollars on an AR-platform rifle, magazines, mounts, sights and other equipment on his way to Washington ahead of the riot, prosecutors told jurors. Prosecutors said Oath Keepers stashed weapons for “quick reaction force” teams prosecutors said were ready to get weapons into the city quickly if they were needed. The weapons were never deployed.

    The trial revealed new details about Rhodes’ efforts to pressure Trump to fight to stay in the White House in the weeks leading up to Jan. 6. Shortly after the election, in a group chat that included Stone, Rhodes wrote, “So will you step up and push Trump to FINALLY take decisive action?”

    Another man testified that after the riot, Rhodes tried to persuade him to pass along a message to Trump that urged the president not to give up his fight to hold onto power. The intermediary — a man who told jurors he had an indirect way to reach the president — recorded his meeting with Rhodes and went to the FBI instead of giving the message to Trump.

    During that meeting, Rhodes said they “should have brought rifles” on Jan. 6.

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  • 4 Proud Boys members convicted in Jan. 6 attack

    4 Proud Boys members convicted in Jan. 6 attack

    4 Proud Boys members convicted in Jan. 6 attack – CBS News


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    Four members of the far-right extremist group Proud Boys, including its former president Enrique Tarrio, were convicted by a federal jury Thursday of multiple counts, including seditious conspiracy, for the Jan. 6 Capitol attack. A fifth member was found guilty of seven counts, but was acquitted of the seditious conspiracy charge. Scott MacFarlane reports from Washington.

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  • 5/4: Prime Time with John Dickerson

    5/4: Prime Time with John Dickerson

    5/4: Prime Time with John Dickerson – CBS News


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    John Dickerson reports on guilty verdicts in the Proud Boys trial, a meeting at the White House on artificial intelligence, and why some bank stocks are falling.

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  • Partial verdict reached in Proud Boys seditious conspiracy trial

    Partial verdict reached in Proud Boys seditious conspiracy trial

    The jury has reached a partial verdict in the high-profile trial of Proud Boys leader Enrique Tarrio and four subordinates who were charged with seditious conspiracy and several felony counts in their alleged roles in the Jan. 6, 2021 attack on the U.S. Capitol

    The partial verdict is expected to be read in court by Judge Timothy Kelly, who oversaw the four-month trial. Kelly will send the jury back after the partial verdict is read to deliberate the remaining counts. 

    If convicted, they could face a maximum sentence of 20 years in prison.

    Prosecutors had argued the defendants had conspired to unlawfully use force — and the crowds gathered in Washington, D.C. — to keep former President Donald Trump in office. 

    Soon after the election, investigators alleged Tarrio began posting on social media and in message groups about a “civil war,” later threatening, “No Trump…No peace. No Quarter.” 

    Proud Boys leaders saw themselves as “a fighting force” that was “ready to commit violence” on Trump’s behalf, the government alleged.

    Enrique Tarrio
    FILE – Proud Boys leader Henry “Enrique” Tarrio wears a hat that says The War Boys during a rally in Portland, Ore., on Sept. 26, 2020. The seditious conspiracy trial of Proud Boys leader Enrique Tarrio and four lieutenants is coming at a pivotal time for Justice Department’s investigation and prosecution of the Jan. 6, 2021 insurrection.

    Allison Dinner/AP


    According to charging papers, Ethan Nordean, Zachary Rehl, Joseph Biggs and Dominic Pezzola gathered with over 100 Proud Boys near the Washington Monument on Jan. 6, 2021, around the time that Trump was speaking at the White House Ellipse. They allegedly marched to the Capitol grounds and communicated by radio. 

    Prosecutors said the defendants were among the first wave of rioters to breach Capitol grounds over police barricades and lead the mob toward the building. 

    Some defendants – like Pezzola – were accused of breaking windows at the Capitol, while others roused the mob and pushed through metal barricades and police lines to enter the Capitol. 

    Tarrio wasn’t in Washington, D.C. on Jan. 6 because he had been arrested for unrelated charges a day earlier. Still, the Justice Department alleged his planning before the attack, support for the rioters during the assault and comments afterward were sufficient to charge him with seditious conspiracy. 

    “Make no mistake, we did this,” Tarrio wrote on social media during the riot. 

    “The spirit of 1776 has been resurfaced and has created groups like the Proud Boys. And we will not be extinguished,” Nordean allegedly wrote in Nov. 2020. “Hopefully the firing squads are for the traitors that are trying to steal the election from the American people,” Rehl posted.

    Prosecutors said Tarrio exhorted protesters to violence, posting before Jan. 6, “Let’s bring this new year in with one word in mind: revolt.” In text messages, he later compared Proud Boys’ actions that day to those of George Washington, Sam Adams and Benjamin Franklin.

    Defense attorneys countered that the Proud Boys were just a glorified “drinking club” where men shared their anger, and they contended Tarrio and others had no explicit plan to resist the election results or obstruct Congress. Tarrio was merely exercising his constitutional rights, his lawyer argued.

    “Did Enrique Tarrio make comments that were egregious? Absolutely,” Tarrio’s attorney rhetorically asked the jury in closing arguments last week. “You may not like what he said, but it is First Amendment-protected speech.” 

    The trial, which began on Jan. 12, dragged from winter into spring with dozens of witnesses called by both sides and thousands of exhibits. Witnesses included a documentary filmmaker who followed Tarrio around after the 2020 presidential election, numerous FBI agents who investigated the case, Secret Service employees, and former Proud Boys. 

    Only two of the five defendants — Rehl and Pezzola — testified in their own defense. Rehl said he knew of no plans for violence and encouraged no one to engage with police.

    Prosecutors showed video of Pezzola using a stolen police shield to smash a window and smoking a “victory cigar” inside the Capitol. He said he acted alone and testified he was not part of any criminal enterprise. Pezzola’s attorney, Steve Metcalf, called the government’s case a “fairy dust conspiracy,”

    Matthew Greene — a former Proud Boys member — testified as a government witness and told the jury he first joined the group to defend against ANTIFA.

    He testified there had been no explicit call to violently resist Joe Biden’s presidency, but a “collective expectation” that they were to respond if provoked. 

    “I can’t say it was overtly encouraged, but it was never discouraged,” Greene said of violence, “And when it happened, it was celebrated.”

    Greene, who pleaded guilty to conspiracy and entered into a cooperation agreement with prosecutors, was pressed by the defense about whether the violence on Jan. 6 was planned. He said the crowd  was angry, but the violence seemed “spontaneous.” However, he testified the mob’s actions were “either implicitly or overtly accepted and encouraged by the Proud Boys” on Jan. 6. 

    Another cooperating witness at trial, 43-year-old Jeremy Bertino, was considered to be Tarrio’s top lieutenant and pleaded guilty to seditious conspiracy last year. Like Tarrio, Bertino wasn’t at the Capitol during the attack. 

    Bertino told the jury the Proud Boys nearly unanimously believed the 2020 election results were stolen from Trump as part of a broad “conspiracy.” He testified that the Proud Boys saw themselves as the footsoldiers of the right, calling themselves the “tip of the spear” in the fight. 

    And after the attack, Bertino, who was recovering from an injury, messaged Tarrio, “I wanted to be there to witness what I believed to be the next American revolution…I’m so proud of my country today.”

    But he also told the court under cross-examination, “I didn’t have conversations with anybody about going into the Capitol building.” In closing arguments, Tarrio’s lawyers questioned Bertino’s reliability as a witness.

    They blasted Bertino as a liar and alleged his testimony had been affected by his agreement with the government. 

    Prosecutor Conor Mulroe countered the defense argument that the seditious conspiracy had to be explicitly planned to be criminal.

    “A conspiracy is nothing more than an agreement with an unlawful objective,” Mulroe said of the law, “A conspiracy can be unspoken. It doesn’t have to be in writing, hashed out around the table, or even in words. It can be implicit.”

    “They were there to threaten and if necessary use force to stop the certification of the election and that is exactly what they did,” he told the jury. 

    Defense attorneys disagreed. 

    “If you don’t like what some of them say, that doesn’t make them guilty,” said Rehls’ attorney, Carmen Hernandez. 

    The trial was expected to last a few months, but squabbles between attorneys, sealed hearings, and shifting court schedules hampered efforts to expedite the proceedings. 

    “We’re learning to work together. We have seven very different personalities,” defense attorneys cautioned Judge Kelly in January as the trial began. 

    At times, the judge’s patience particularly with defense attorneys appeared to wear thin as he attempted to stem the tide of objections, sidebars, and interruptions. “For God’s sake,” he pleaded with one defense attorney as they attempted to speak last month. “Goodness gracious,” the judge said, exasperated during closing arguments. The days of testimony limped on. 

    The verdict came less than a month before Oath Keepers leader Stewart Rhodes will be sentenced for a conviction of seditious conspiracy. A jury in Washington, D.C., found him and codefendant Kelly Meggs guilty of the high crime but acquitted three others of the charge. 

    A group of four more Oath Keepers was separately convicted of the seditious conspiracy count earlier this year, all in spite of efforts by defense attorneys to argue the charge is too extreme and Washington, D.C. jurors too biased. 

    Defense attorneys in the trial consistently laid the blame for the riot at the feet of Trump himself, many mentioning the former president in their opening and closing arguments. 

    Tarrio’s attorney, Nayib Hassan, was even more explicit, telling the jury in closing arguments that “it was Donald Trump’s words, it was his motivation, it was his anger that caused what occurred on January 6.”

    “They want to use Enrique Tarrio as a scapegoat for Donald Trump and those in power,” Hassan said. 

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  • Jury in Proud Boys seditious conspiracy Jan. 6 case to begin deliberations Wednesday

    Jury in Proud Boys seditious conspiracy Jan. 6 case to begin deliberations Wednesday

    After 4 1/2 half months of testimony, arguments and sealed hearings, the jury in the Proud Boys seditious conspiracy case will finally begin deliberations Wednesday morning. 

    Defense attorneys for Proud Boys leader Enrique Tarrio delivered closing arguments today in the long trial, laying the blame for Jan. 6 squarely at Donald Trump’s feet. 

    “It was Donald Trump’s words, it was his motivation, it was his anger that caused what occurred on Jan. 6 in your amazing and beautiful city,” attorney Nayib Hassan said, “They want to use Enrique Tarrio as a scapegoat for Donald Trump and those in power.”

    As other defense attorneys argued, Hassan said there was “no plan…no objective” to enter the building or obstruct Congress during the Capitol breach. 

    “Did Enrique Tarrio make comments that were egregious,” he asked the jury. “Absolutely.” He added, “You may not like what he said, it but is First-Amendment protected speech.” 

    Hassan then tried to identify weaknesses in each of the government’s witnesses in an attempt to raise questions about their testimonly.

    Dominic Pezzola’s attorney, Steve Metcalf, was equally critical of the Justice Department’s case, calling its  evidence a “fair dust conspiracy.”  Metcalf said his client accepted responsibility for some actions during the breach, like taking a police shield to smash a Capitol window. But he asked incredulously, “Seditious conspiracy, are you kidding me?”

    The government, he alleged, worked to enflame the jury and mislead jurors into convicting the defendants. Pezzola acted alone, Metcalf contended, and was part of no conspiracy.

    And in a somewhat rambling closing argument of his own, Inforwars defense attorney and the legal representative for Joseph Biggs alleged, “The facts in this case are that Donald Trump was compelled into using the Proud Boys as a prop,” prompting objections from Justice Department and the court, WUSA reported.

    The Justice Department used its final words to refute the defense’s claims, arguing the jury the evidence at trial is indisputable and the defendants should be convicted.

    The federal jury on Tuesday heard a second day of attorneys’ closing arguments in the landmark trial for former Proud Boys extremist group leaders charged with plotting to violently stop the transfer of presidential power after the 2020 election, on Jan. 6, 2021.

    The Proud Boys prosecution is one of the most serious cases to come out of the attack on the Capitol on Jan. 6, 2021, which temporarily halted Congress’ certification of Joe Biden’s presidential election victory over Donald Trump. Tarrio and four lieutenants are charged with seditious conspiracy — a rarely used charge that carries up to 20 years behind bars.

    A prosecutor told jurors on Monday that the Proud Boys were ready for “all-out war” and viewed themselves as foot soldiers fighting for Trump as he spread lies that Democrats stole the election from him.

    “These defendants saw themselves as Donald Trump’s army, fighting to keep their preferred leader in power no matter what the law or the courts had to say about it,” prosecutor Conor Mulroe told jurors.

    Tarrio, a Miami resident, is on trial with Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola. Nordean, of Auburn, Washington, was a Proud Boys chapter president. Biggs, of Ormond Beach, Florida, was a self-described Proud Boys organizer. Rehl was president of a Proud Boys chapter in Philadelphia. Pezzola was a Proud Boys member from Rochester, New York.

    Attorneys for Norden and Rehl gave their closing arguments on Monday. Lawyers for Biggs and Pezzola also are expected to make their final appeals to jurors on Tuesday before prosecutors deliver their rebuttal and the case goes to the jury.

    Tarrio is one of the top targets of the Justice Department’s investigation of the Capitol riot. Although Tarrio wasn’t in Washington that day, he is accused of orchestrating an attack from afar.

    The foundation of the government’s case, which started with jury selection in January, is a trove of messages that Proud Boys leaders and members privately exchanged in encrypted chats — and publicly posted on social media — before, during and after the deadly Jan. 6 attack.

    Defense attorneys have tried to portray the far-right group as a drinking club that only engaged in violence for self-defense against antifascist activists.

    Nicholas Smith, attorney for former Proud Boys chapter leader Nordean, said on Monday that prosecutors built their case on “misdirection and innuendo.” He told jurors there is no evidence of a conspiracy between unarmed Proud Boys who marched toward the Capitol with beer cans in their hands, pausing to stop at food trucks.

    “They can’t even order McDonald’s, and they’re planning to stop what the government is calling the peaceful transfer of power?” Smith asked. “Where is the conspiracy?”

    The Justice Department has already secured seditious conspiracy convictions against the founder and members of another far-right extremist group, the Oath Keepers. But this is the first major trial involving leaders of the far-right Proud Boys, a neofacist group of self-described “Western chauvinists” that remains a force in mainstream Republican circles.

    Robert Legare contributed to this report.

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  • Judge in Proud Boys case denies mistrial motion after jurors report being followed | CNN Politics

    Judge in Proud Boys case denies mistrial motion after jurors report being followed | CNN Politics



    CNN
     — 

    The federal judge overseeing the trial of five Proud Boys members who are accused of plotting to storm the US Capitol on January 6, 2021, denied a mistrial motion on Thursday after jurors reported being followed and confronted in public.

    In late March, several jurors reported two incidents in which they were approached outside the courthouse by members of the public, District Judge Timothy Kelly said in a sealed proceeding Thursday that was inadvertently streamed to a media room in the Washington, DC, federal courthouse. CNN reported last week that one juror believed she was being followed.

    Kelly denied a mistrial motion from all five defendants, saying that every member of the jury was questioned about the interactions and confirmed they could still judge the case fairly. Kelly also denied motions from the defendants to strike the jurors who said they had been confronted, adding that “none of the jurors expressed a concern that any of this would affect their jury service.”

    Kelly said that he instructed the jury to disregard those interactions, and that “when I read this instruction to the jury, I watched many of them nod as if to say, ‘Okay, let’s get on with the case.’”

    The ruling ends a dayslong argument over how to handle the alleged incidents involving a total of four jurors who were approached in public, the latest in a series of mishaps that have plagued the trial.

    Kelly described the interactions in detail during the under-seal proceeding, bringing to light additional information about the incidents. A coalition of media outlets, including CNN, previously fought for access to the sealed arguments, but Kelly denied that request.

    In one instance, three jurors were walking away from the courthouse when they were approached by a man on a bike, Kelly said. The man began discussing a trial he was watching at the courthouse, and while it is not clear if he mentioned the Proud Boys defendants by name, the man said that the case was interesting and called a recent defense witness “crazy.”

    “The individual did not say that he knew they were jurors,” Kelly said.

    The three jurors told Kelly that they thought the incident was “odd” and “weird,” but didn’t become concerned until they saw the same man sitting in the courtroom the next day, looking at them and whispering to someone else in the gallery. One juror told Kelly that seeing the man gave her a “weird feeling.”

    In another instance, Kelly said that a juror reported seeing the same man at a metro stop on four separate occasions. The first time she saw the man, the juror said that he asked her if she was serving on a jury but did not mention any case specifically.

    Kelly said the issue was referred to the US Marshals, who went to the metro station to find him and watched the man walk into a nearby homeless shelter. Kelly also saw two pictures of the man and said that “from my view of the photos, it was certainly plausible he was homeless.”

    The juror who was approached at the metro stop told Kelly that she “did not feel intimidated by this,” he added.

    After issuing his ruling Thursday, Kelly was informed by a courtroom staff member that video of the proceeding was being streamed elsewhere in the courthouse. Kelly then had the video stream cut, saying that “there is nothing we can do at this point. Let’s have them shut it off now.”

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  • Proud Boys leaders’ Jan. 6 sedition trial inches to a close

    Proud Boys leaders’ Jan. 6 sedition trial inches to a close

    WASHINGTON (AP) — After almost three months of testimony, dozens of witnesses and countless legal fights, a jury will soon decide whether the onetime leader of the Proud Boys extremist group is guilty in one of the most serious cases brought in the Jan. 6, 2021, attack on the U.S. Capitol.

    Closing arguments could be as early as this week before jurors decide whether to convict Proud Boys national chairman Enrique Tarrio and four lieutenants of seditious conspiracy for what prosecutors say was a plot to forcibly stop the transfer of presidential power from Republican Donald Trump to Democrat Joe Biden after the 2020 election.

    In a trial that has lasted over twice as long as expected, little new information has emerged about the Jan. 6 attack that halted Congress’ certification of Biden’s victory or the far-right extremist group’s role in the Capitol riot. But a guilty verdict against Tarrio, who wasn’t even in Washington, D.C., when the riot erupted, would affirm that those accused of planning and inciting the violence could be held responsible even if they didn’t join in it.

    The case is nearing a close as a new problem may be on the horizon for the Proud Boys, a neofacist group known for brawling and street fights with left-wing activists and disrupting storytelling sessions by drag performers and other LGBTQ events around the country.

    The group, Tarrio and two others on trial are also facing a separate, multimillion-dollar lawsuit. A judge is poised to decide how much they should have to pay a historic Black church in Washington for Proud Boys destroying a Black Lives Matter sign during a weekend of pro-Trump rallies in December 2020 that erupted into violence. Metropolitan African Methodist Episcopal Church is seeking up to $22 million in punitive damages, saying it was part of an effort to intimidate those who fight for racial justice.

    Tarrio wasn’t in Washington on Jan. 6 because he had been arrested two days earlier for his role in burning another Black Lives Matter banner torn down from a different Washington church, Asbury United Methodist. Tarrio was ordered to stay out of the city after his arrest.

    The seditious conspiracy case in Washington’s federal court, which began with opening statements in January, has been slowed by bickering between the judge and defense attorneys, repeated requests for a mistrial, lengthy cross-examinations of witnesses and other legal maneuvers that often kept jurors waiting in the wings instead of hearing courtroom testimony.

    On trial with Tarrio are Proud Boys chapter leaders Ethan Nordean, of Auburn, Washington; and Zachary Rehl, of Philadelphia; self-described Proud Boys organizer Joseph Biggs, of Ormond Beach, Florida; and Dominic Pezzola, a Proud Boys member from Rochester, New York.

    It is unclear if any of them will testify before the defense rests and jurors hear attorneys’ closing arguments.

    The backbone of the government’s case is a trove of messages that Proud Boys leaders privately exchanged on the Telegram platform before, during and after the Capitol riot. Their online rhetoric became increasingly angry with each failure by Trump’s lawyers to challenge election results in court.

    “If Biden steals this election, (the Proud Boys) will be political prisoners,” Tarrio posted in Nov. 16, 2020. “We won’t go quietly … I promise.”

    As the mob attacked Capitol, Tarrio posted on social media, “Don’t (expletive) leave.”

    When a Proud Boys member asked, “Are we a militia yet?” Tarrio responded with one word — “Yep” — in a voice note.

    “Make no mistake,” Tarrio wrote. “We did this.”

    Defense attorneys have argued that there is no evidence of a plan for the Proud Boys to attack the Capitol on Jan. 6.

    They have stressed that Proud Boys had FBI informants in their ranks who didn’t raise any red flags about the group before Jan. 6. In an effort to show jurors that Tarrio was trying to avoid violence, they also showed how Tarrio frequently communicated with an officer assigned to monitor extremist groups’ activity in Washington and advised the officer of the group’s plans in the weeks before Jan. 6.

    Several Oath Keepers leaders and members who previously stood trial on seditious conspiracy charges similarly argued that the riot was a spontaneous outpouring of election-fueled rage, not the result of a premediated plan. While prosecutors said the Capitol attack was only a means to an end in the Oath Keepers’ larger plot to stop the transfer of power, defense attorneys repeatedly raised the lack of evidence that the Oath Keepers had an explicit plan to storm the Capitol.

    In the end, prosecutors managed to secure seditious conspiracy convictions at trials against Oath Keepers founder Stewart Rhodes and five other members, but three others were acquitted of the charge. Those others, however, were convicted of other serious felonies. Sentencings for Rhodes and other Oath Keepers are scheduled for next month.

    In the Oath Keepers case, prosecutors could point to a cache of guns stashed at a Virginia hotel as evidence they planned to use force to stop the transfer of power, a key element of the crime.

    Among the Proud Boys defendants, only Pezzola is accused of engaging in violence or destruction after being filmed smashing in a Capitol window with a riot shield.

    The prosecutors in the Proud Boys case have instead argued that Tarrio and the others handpicked and mobilized a loyal group of foot soldiers — or “tools” — to supply the force necessary to carry out their plot.

    Defense attorneys say that’s an unusual, flawed legal concept, and their messages were taken out of context. They’ve also painted Tarrio in particular as a scapegoat for the riot and an easier person to blame than Trump, whose spoke to a crowd of supporters just before they marched on the Capitol. Pezzola’s lawyers even tried to subpoena Trump, but the effort seemed to go nowhere.

    Even without his testimony, Trump could factor into the jury’s verdict. Jurors saw a video of the 2020 presidential debate at which Trump told the Proud Boys to “stand back and stand by,” a moment that led to an explosion of attention and membership requests.

    “These men did not stand back. They did not stand by. Instead, they mobilized,” Assistant U.S. Attorney Jason McCullough told jurors.

    Key prosecution witnesses included two former Proud Boys members who cooperated with the government in hopes of getting lighter sentences. One of them, Matthew Greene, testified that Proud Boys members were expecting a “civil war” after the 2020 election. The other, Jeremy Bertino, testified that the Proud Boys saw themselves as “the tip of the spear.”

    Bertino is the only Proud Boy who has pleaded guilty to a seditious conspiracy charge. Both said they didn’t know of a specific plan to storm the Capitol, though Bertino said they wanted to keep Biden from taking office. Greene said group leaders celebrated the attack on Jan. 6 but didn’t explicitly encourage members to use force.

    The trial was briefly disrupted when prosecutors told defense attorneys that a woman expected to testify for Tarrio’s defense had secretly worked as an FBI informant after the Jan. 6 attack. Defense attorneys were alarmed because the woman had been in touch with the defense team, but prosecutors said the informant was never told to gather information about the defendants or their lawyers. Tarrio’s lawyers ultimately decided not to call her as a witness.

    In the civil case brought by the Metropolitan AME, the judge is expected on Tuesday to hear final arguments from the church. The case is against the Proud Boys as an entity as well as Tarrio, Biggs, Nordean, Bertino and another member. The judge has already said they will be liable by default because the group failed to respond to the lawsuit or participate in the case. The only question remains is how much, if anything, they will have to pay.

    ___

    Richer reported from Boston.

    ___

    Follow the AP’s coverage of the Capitol riot at https://apnews.com/hub/capitol-siege.

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  • Proud Boy testifies that talk of ‘stacking bodies’ was locker-room banter | CNN Politics

    Proud Boy testifies that talk of ‘stacking bodies’ was locker-room banter | CNN Politics



    CNN
     — 

    Proud Boys member Fernando Alonso, who was with members of the group in Washington, DC, on January 6, 2021, testified on Monday that text messages about “stacking bodies” on the White House lawn were akin to locker-room banter and that members of the group were simply “knuckleheads.”

    During his testimony in the trial against five members of the Proud Boys charged with seditious conspiracy for their alleged actions around the US Capitol attack, Alonso testified that the idea Proud Boys wanted to take over the government was “offensive.”

    But then prosecutors pressed him about text messages he sent weeks earlier.

    In one message, an individual named Al messaged Alonso on December 24, 2020, asking: “When do we start stacking bodies on the White House Lawn?”

    “Jan 7th,” Alonso wrote back, according to evidence presented at the trial.

    Al responded: “The RINOs first, make the Democrats watch…”

    Alonso answered: “yes.”

    When asked about the message, Alonso testified it was all “‘locker room talk,’ if you will.”

    The Proud Boy also testified that defendant Enrique Tarrio – chairman of the group – never wanted violence. Alonso said the idea that they wanted to overtake the government “is insulting” and “ridiculous.”

    The five defendants – Tarrio, Zachary Rehl, Ethan Nordean, Dominic Pezzola and Joseph Biggs – have pleaded not guilty.

    Alonso said that, around the time of January 6, Proud Boys were irritated by police who, in his view, didn’t do enough to stop violence perpetrated by the left-wing group Antifa, calling them “coptifa.”

    “Antifa did a lot of things, and I don’t see any trials for them,” he said.

    Alonso testified that on January 6, he followed Proud Boys leaders around the Capitol but said he never went inside. Alonso has not been charged in connection with his actions on January 6.

    “I wasn’t going to go in when there’s armed police pointing guns at us,” Alonso said, adding that it “was pretty extreme” to go inside.

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