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Biden DOJ To Seek Harsher Sentences For ‘Proud Boys’

Holland McKinnie
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Joe Biden’s Department of Justice (DOJ) announced on Monday it would appeal the sentences of five Proud Boys members, aiming to impose even harsher punishments for their roles in the January 6, 2021, Capitol protests.

Proud Boys’ leader Enrique Tarrio received a sentence of 22 years, while members Ethan Nordean, Joe Biggs, Zachary Rehl and Dominic Pezzola were handed sentences of 18, 17, 15 and 10 years, respectively. Notably, all except Pezzola were convicted of seditious conspiracy. Although Pezzola escaped that particular charge, he was found guilty of others. The magnitude of these sentences, especially when compared to penalties for comparable crimes in recent years, raises questions about the DOJ’s motivations and potential overreach.

What’s notable here is the striking disparity between the punishment sought by prosecutors and the sentences delivered by U.S. District Judge Timothy Kelly. Prosecutors, undoubtedly under the guidance of Attorney General Merrick Garland’s Justice Department, demanded a hefty 33 years in prison for Tarrio. Judge Kelly, though he applied a terrorism adjustment to Tarrio’s sentencing, did not capitulate to the DOJ’s maximalist demands. Instead, he imposed a sentence longer than other extremist members to deter future actions.

Nordean’s attorney, Nicholas Smith, remarked on the matter, stating his client “is encouraged by the government’s agreement that errors led to the judgment and sentence in his case.” However, defense attorney Norm Pattis, representing Biggs and Rehl, didn’t mince words, calling the government’s appeals “ridiculous.” He pointedly remarked, “Merrick Garland needs a new hobby horse,” a sentiment echoing a growing belief among conservative circles that the Biden-led DOJ might be playing politics more than justice.

The notice of appeal filed by the DOJ hasn’t outlined its reasoning. As noted by The Hill, it’s merely the first step to inform the court of the DOJ’s intentions. The pattern, however, seems consistent with the DOJ’s approach to these cases, with an earlier attempt to appeal sentences handed down for Oath Keepers members. This consistency has some concerned that the DOJ’s motivations aren’t strictly about upholding the law but more about making a statement or settling political scores.

While the actions of the Proud Boys on January 6 have been widely criticized, the pursuit of unprecedentedly harsh sentences brings to light concerns of potential political motivations within our justice system. Are these appeals merely attempts to ensure the punishments fit the crimes? Or is the DOJ leveraging these high-profile cases to send a broader, politically tinged message?

Furthermore, this week, another Proud Boy member, William Chrestman, pleaded guilty to charges related to his actions on January 6. Although he didn’t belong to the group’s leadership, his actions during the events were noted by prosecutors, and he has remained in custody since February 2021. With over 1,100 people charged relating to the Capitol events and about 60 identified as Proud Boys affiliates, one has to wonder whether these individuals are getting a fair shake in America’s currently politicized justice system.

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