Federal prosecutors are now seeking prison time for two Capitol rioters, Robert Bauer and Edward Hemenway, who have pleaded guilty to misdemeanor charges, including one count of unlawfully parading, demonstrating, and picketing in the Capitol for each. Authorities are seeking 30 days in prison for both of the defendants. Reporter Zoe Tillman notes that authorities cited relevant factors including Bauer and Hemenway approaching the Capitol violence unfolding around them as an “entertaining spectacle” and their past criminal records. Notably, Bauer and Hemenway are cousins, and their sentencings are set for October 13. Hemenway has admitted to seeing a large sign reading “Do Not Enter” at the Capitol as he went into the building during the January chaos.
Factors prosecutors balance in the Bauer/Hemenway cases in rec'ing incarceration:
– treating chaos/disorder around them as "entertaining spectacle" at the time
– early acceptance of responsibility + remorse for one, but lack of remorse for the other
– previous criminal records pic.twitter.com/ZpG0lhhQtK— Zoe Tillman (@ZoeTillman) October 6, 2021
Recently, federal Judge Tanya Chutkan imposed a sentence stricter than the one requested by the government in another case involving a Capitol rioter who pleaded guilty to a misdemeanor offense. In that instance, Chutkan ordered Texas resident Matthew Mazzocco to face 45 days in jail, although prosecutors had requested three months of home confinement for the defendant, who had pleaded guilty — like Bauer and Hemenway — to one count of unlawfully parading, demonstrating, or picketing in the Capitol. Chutkan insisted that there “have to be consequences for participating in an attempted violent overthrow of the government beyond sitting at home.”
In another recent instance, Capitol rioter Robert Palmer was seen in tears ahead of a hearing where he pleaded guilty to a felony count of assaulting law enforcement. At the Capitol in January, Palmer threw a wooden board at officers, emptied a fire extinguisher on the officers, and then threw the empty canister at the police line. Palmer — whose sentencing is set for December — faces recommended sentencing guidelines of four to four and a half years in jail, placing him clearly among those facing tougher penalties for their roles in the insurrection.
As all of these proceedings continue, Trump has expressed support for those facing criminal charges in connection to the riot. In a recent statement, he said that Americans’ “hearts and minds are with the people being persecuted so unfairly relating to the January 6th protest concerning the Rigged Presidential Election.” Obviously, calling what took place at the Capitol on that January day anything close to a mere “protest” is ridiculous.
