Wednesday, September 6, 2023

Judge Kelly lowballs DOJ and guidelines on sentencing (yet again)

Enrique Tarrio, the primary leader of the Proud Boys nationally along with Joe Biggs, was sentenced in federal court today by Judge Timothy Kelly to 22 years in prison. He was previously convicted at trial on all counts, including seditious conspiracy. His sentencing guidelines recommendation after enhancements was 27-33 years. The government asked for 33 years and the defense asked for 15.

Judge Kelly was appointed by Donald Trump in 2017.

In addition to Tarrio's direct involvement in the planning for J6, another key piece of evidence that led to his conspiracy charge was a 9-page document that he had in his possession on December 30, 2020, that was broken into 5 parts titled: Infiltrate, Execution, Distract, Occupy, and Sit-In. It also discussed recruiting 50 people for the mission leading up to J6. The document was known as the "Patriot Plan," and included storming and occupying multiple government buildings until their demands were met.

[...]

Tarrio was also mysteriously in the White House on December 14, 2020. When asked what he was doing there, he said he was there for a tour to see the Christmas decorations.

[...]

Another thing that helped convict Tarrio of seditious conspiracy was the parking garage footage of him meeting with Oathkeepers leader Stewart Rhodes on the eve on J6. This showed that Tarrio was directly involved in the planning and was simultaneously helping to coordinate with other groups like the Oathkeepers.

[...]

The main point of emphasis in seeking leniency at his sentencing was the fact that he wasn't actually in DC on J6, and claimed he had no communication with other Proud Boys who were there and he was only a "keyboard ninja."

  Meidas Touch
Part of a conspiracy. Doesn't matter if you were there or not.
In arguing for the 33 year sentence, prosecutors said Tarrio "demonized his perceived adversaries. He glorified the use of force against them. He compared himself to Joseph Goebbels in the use of these techniques." The prosecutor also argued that Tarrio showed no remorse after J6, selling t-shirts that said, 'Enrique Tarrio Did Nothing Wrong' and gave an interview while his jury was deliberating where he said "the Proud Boys did nothing wrong" on J6.

The government also argued that Tarrio should receive a harsher sentence than Joe Biggs because Biggs had previously served his country in the military, while Tarrio had no record of public service.

[...]

Tarrio said that many of the Proud Boys will no longer speak with him after they learned he had previously served as an informant for the police. He also said that he didn't go to try and overturn the results of the election, he was just there to support Trump.

Then, perhaps taking a shot at co-defendant Joe Biggs who yelled 'Trump Won!' leaving the courtroom, Tarrio said, "I want nothing to do with politics anymore. When I walk out this door, I won't be saying anything." He concluded his statement by pleading with the judge, "Do not take my 40s away from me." (Tarrio is 39)

In pronouncing sentence, Trump-appointed Judge Kelly said, "That day broke our previously unbroken tradition of the peaceful transfer of power, which is truly among the most precious things that we had as Americans. That previously unbroken string is now broken, and it's going to take time and effort to fix it."

[...]

Kelly went on to say that Tarrio's social media posts in the weeks and months after J6 showed he had no real remorse.

...but hey, do what you want...you will anyway.

UPDATE 09:20 am:



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