Judges punishing Jan. 6 rioters fear violence as election nears

A crowd waves Trump flags in the foreground as people attack the U.S. Capitol on Jan. 6, 2021.

By Michael Kunzelman

Oct. 19, 2024 8:25 AM PT

WASHINGTON — For nearly four years, judges at Washington’s federal courthouse have punished hundreds of rioters who stormed the U.S. Capitol in an unprecedented assault on the nation’s democracy. On the cusp of the next presidential election, some of those judges fear another burst of political violence could be coming.

Before recently sentencing a rioter to prison, U.S. District Judge Reggie Walton said he prays that Americans accept the outcome of next month’s election. But the veteran judge expressed concern that Donald Trump and his allies are spreading the same sort of conspiracy theories that fueled the mob riot on Jan. 6, 2021. The former president is still pressing his false claims about the 2020 election.

“He’s riling up the troops again, so if he doesn’t get what he wants, it’s not inconceivable that we will experience that same situation again,” Walton said this month, without mentioning the Republican presidential nominee by name. “And who knows? It could be worse.”

Walton, a nominee of President George W. Bush, is not alone. Other judges have said the political climate is primed for another attack like the one that injured more than 100 police officers at the Capitol and resulted in several officers’ deaths. As election day nears, judges are frequently stressing the need to send a message beyond their courtrooms that political violence can’t be tolerated.

“It scares me to think about what will happen if anyone on either side is not happy with the results of the election,” Judge Jia Cobb, a nominee of President Biden, said at a sentencing hearing last month for four Capitol rioters.

Judge Rudolph Contreras lamented the potential for more politically motivated violence as he sentenced a Colorado man, Jeffrey Sabol, who helped other rioters drag a police officer into the mob. Sabol later told FBI agents that a “call to battle was announced” and that he had “answered the call because he was a patriot warrior.”

“It doesn’t take much imagination to imagine a similar call coming out in the coming months, and the court would be concerned that Mr. Sabol would answer that call in the same way,” Contreras, an Obama nominee, said in March before sentencing Sabol to more than five years in prison.

Trump’s distortion of the Jan. 6 attack has been a cornerstone of his 2024 bid. Though he was impeached for his role and seven Republican senators voted to convict him, Trump has denied any responsibility for the crimes of supporters who smashed windows, assaulted officers and sent lawmakers into hiding as they met to certify Joe Biden’s 2020 victory.

Trump has vowed to pardon rioters, whom he calls “patriots” and “hostages,” if he wins in November. And he has cast doubts on whether he would accept the results of this election.

Judges have repeatedly used their platform on the bench to denounce those efforts to downplay the violence on Jan. 6 and cast the rioters as political prisoners. And some have raised concerns about what such rhetoric means for the future of the country’s democracy.

“We’re in a real difficult time in our country, and I hope we can survive it,” Walton said this month while sentencing a Tennessee nurse who used a pair of medical scissors to smash a glass door at the Capitol.

“I’ve got a young daughter, I’ve got a young grandson, and I would like for America to be available to them and be as good to them as it has been to me,” he added. “But I don’t know if we survive with the mentality that took place that day.”

More than 1,500 people have been charged with federal crimes related to Jan. 6 siege, which disrupted the peaceful transfer of presidential power for the first time in the nation’s history. Over 1,000 rioters have been convicted and sentenced. About 650 of them received prison time ranging from a few days to 22 years.

Justice Department prosecutors have argued in many cases that a prison sentence is necessary to deter convicted Capitol rioters from engaging in more politically motivated violence.

“With the 2024 presidential election approaching and many loud voices in the media and online continuing to sow discord and distrust, the potential for a repeat of January 6 looms ominously,” prosecutors have repeatedly warned in court filings. They argue that defendants who have shown little or no remorse for their actions on Jan. 6 could break the law again. Some rioters even seem to be proud of their crimes.

The first rioter to enter the Capitol texted his mother, “I’ll go again given the opportunity.” A man from Washington state who stormed the Capitol with fellow members of the Proud Boys extremist group told a judge, “You can give me 100 years and I’d do it all over again.” A Kentucky nurse who joined the riot told a TV interviewer that she would “do it again tomorrow.”

A Colorado woman known to her social media followers as the “J6 praying grandma” avoided a prison sentence in August when a magistrate judge sentenced her for disorderly conduct and trespassing on Capitol grounds. Rebecca Lavrenz told the judge that God, not Trump, led her to Washington on Jan. 6.

“And she has all but promised to do it all over again,” said prosecutor Terence Parker.

Prosecutors had sought 10 months behind bars. After her April trial conviction, Lavrenz went on a “media blitz” to defend the mob, spread misinformation, undermine confidence in the courts and boost her celebrity in a community that believes Jan. 6 “was a good day for this country,” Parker said.

Magistrate Zia Faruqui sentenced Lavrenz to six months of home confinement and fined her $103,000, stressing the need to “lower the volume” before the next election.

“These outside influences, the people that are tearing our country apart, they’re not going to help you,” Faruqui told her.

Kunzelman writes for the Associated Press. AP writer Alanna Durkin Richer contributed to this report.