In sentencing regretful Capitol protester, federal judge rebukes Republicans

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U.S. District Judge Royce C. Lamberth castigated Republican lawmakers on Wednesday for downplaying the violence of the mob that stormed the Capitol on Jan. 6, saying in handing down the first sentence to a charged defendant that those who break the law must pay a penalty.

“I’m especially troubled by the accounts of some members of Congress that January 6 was just a day of tourists walking through the Capitol,” he said. “I don’t know what planet they were on. . . . This was not a peaceful demonstration. It was not an accident that it turned violent; it was intended to halt the very functioning of our government.”


The 49-year-old Indiana woman before him, who had just pleaded guilty to a misdemeanor count of demonstrating inside the Capitol, did not disagree.

Although the day after the riot Anna Morgan-Lloyd described Jan. 6 as “the most exciting day of my life,” in court she expressed regret and contrition.

“I went there to support . . . President Trump peacefully,” she said. “I’m ashamed that it became a savage display of violence that day. . . . It was never my intent to be a part of something that’s so disgraceful to our American people and so disgraceful to our country. I just want to apologize.”

Lamberth credited Morgan-Lloyd for her early cooperation and admission of guilt, expressing frustration with both defendants and observers who argue that the riot was merely a political protest. He sentenced her to three years of probation.

Referring to the words of Rep. Andrew S. Clyde (R-Ga.), who last month suggested that many inside the Capitol following the pro-Trump mob’s attack on the building looked like they were on a “normal tourist visit,” the judge said that video introduced in court “will show the attempts of some congressmen to rewrite history . . . is utter nonsense.”

Referring to Morgan-Lloyd’s own statement, he noted, “You saw it for yourself and you were horrified.”

The judge also took time to dismiss “conspiracy theories” about FBI informants and address claims that the Capitol defendants are being treated more harshly than Black Lives Matter protesters. He said he couldn’t speak to what happens in state courts, but that Attorney General Merrick Garland has “promised the law will be applied equally . . . whatever the complexion of the demonstrator is.”

He noted that Martin Luther King Jr., although he was never violent, prepared to go to jail when he protested against violence.

“Some of my defendants in some of these other cases think there’s no consequence to this, and there is a consequence,” Lamberth said. “I don’t want to create the impression that probation is the automatic outcome here, because it’s not going to be.”

Lamberth is a respected figure in the federal judiciary who was previously the presiding judge on the Foreign Intelligence Surveillance Court and served a second term chairing a judiciary panel on inter-circuit assignments. Appointed by President Ronald Reagan in 1987, he is a former federal and U.S. Army prosecutor who is known to be a tough sentencer.

He warned Morgan-Lloyd that if she violates her terms of release in any way, she will go to jail — in his court, “probation comes once in a lifetime.” She must also perform 40 hours of community service and pay $500 in restitution. . . .

Lamberth’s remarks were reinforced by other judges Wednesday, including U.S. District Judge Timothy J. Kelly, a 2017 Trump appointee.

 
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