原定于周三对“骄傲男孩”前主席恩里克·塔里奥和一名高级助理的宣判被推迟。这两人在去年5月被判犯有叛乱阴谋罪和其他几项重罪后将被判刑2021年1月6日,袭击美国国会大厦.
周三上午,美国地方法官蒂莫西·凯利(Timothy Kelly)称自己生病,对塔里奥和他的助手伊森·诺德安(Ethan Nordean)的量刑听证会被推迟。凯利法官已经重新安排了宣判时间:诺迪安的宣判将在9月1日星期五进行;塔里奥的生日是9月5日星期二。
检察官是为塔里奥寻求33年监禁Nordean被判27年,这将是迄今为止被指控与袭击有关的个人被判的最长刑期。
“被告明白其中的利害关系,他们欣然接受自己在带来‘革命’中的角色,”检察官在书中写道判决备忘录本月早些时候对凯利的判决。“他们在国会大厦释放了一股力量,旨在通过武力向当选官员施加他们的政治意愿,并取消民主选举的结果。右翼分子的目标是让他们的领袖继续掌权。他们失败了。他们不是英雄;他们是罪犯。”
这一建议强调了检察官眼中骄傲的男孩在当天引发国会大厦大部分暴力事件中的独特作用,以及塔里奥在阴谋中的领导作用,他指挥他的追随者采取行动,破坏国会对2020年选举的认证——尽管事实上他在袭击期间不在华盛顿特区。
塔里奥要求33年的刑期比检察官之前要求的誓言守卫者领导人斯图尔特·罗兹的25年刑期多了8年,后者也被判犯有煽动阴谋罪和强奸罪今年早些时候被判18年监禁这是迄今为止对1月6日被告宣判的最长刑期。
类似于他们对以前被判犯有煽动阴谋罪的宣誓者的做法,政府要求凯利法官在量刑时适用所谓的“恐怖主义强化”,以延长每个被告最终将面临的刑期,并实际上将他们的行为贴上国内恐怖主义的标签。
在他们80页的量刑备忘录中,检察官认为,多年来,极右翼团体通过将“暴力大军”带到俄勒冈州波特兰市等社区,“有意将自己定位于这个国家政治暴力的先锋”;密歇根州卡拉马祖;和华盛顿特区,在那里他们经常与左派抗议者发生暴力冲突。
“他们在1月6日将暴力带到国会大厦,试图改变美国历史的进程,本法院做出的判决应该反映他们罪行的严重性,”检察官说。
2021年5月25日,在迈阿密举行的纪念乔治·弗洛伊德逝世一周年的集会上,自豪男孩的领导人恩里克·塔里奥对黑人生命事务支持者发表讲话。
伊娃·玛丽Uzcategui Trinkl/Anadolu图片社
正如他们在长达四个多月的审判中所做的那样,检察官指出,在前总统特朗普在2020年9月的一场总统辩论中提到他们之后,该组织变得越来越大胆,并看到了其队伍的壮大。特朗普在被问及他是否会谴责该组织的行为后,告诉这些骄傲的男孩“退后,袖手旁观”。
检察官表示,塔里奥此前曾在2020年11月和12月召集该组织成员在华盛顿举行抗议活动,甚至发布了一张自己参观白宫的照片。
他在1月6日前两天在华盛顿被捕,被指控在之前的一次抗议活动中焚烧了一面黑人的命也是命国旗,并持有两个大容量枪支弹匣。由于这些指控,他被命令留在城外,但检察官在审判期间展示的信息显示,他在袭击大楼时与同伙有密切联系。
在他们的判决备忘录中,检察官广泛引用了该组织呼吁使用武力阻止对总统乔·拜登(Joe Biden)选举胜利的认证,他们通过加密的消息应用程序进行通信以组织和招募其他人,以及在整个骚乱的关键时刻采取行动,以帮助加剧当地的暴力。
“像1月6日这样领导和煽动袭击的行为需要威慑,”检察官说。“至关重要的是,本法院对本案中的所有被告处以重刑,以向那些在未来煽动这种政治暴力的人传达他们的行为将会产生后果。”
另外三个骄傲的男孩——约瑟夫·比格斯、扎卡里·雷尔和多米尼克·佩佐拉将分别于周四和周五被判刑。政府正在寻求判比格斯33年徒刑,他是佛罗里达州的骄傲男孩领袖;该组织费城分部的负责人里尔判了30年;佩佐拉判了20年。
经过四个多月的审判,佩佐拉是唯一一名被判没有煽动阴谋罪的被告,尽管他被判犯有其他重罪,包括他用偷来的警察防暴盾牌砸碎国会大厦窗户的行为,这是当天对大楼的第一次物理破坏。
骄傲男孩的律师敦促凯利施加更宽大的判决-基本上包括他们已经在审前拘留中度过的时间-辩称对他们的指控被夸大了,他们的许多通信是第一修正案保护的政治言论。
Sentencing postponed for former Proud Boys leader convicted for role in Jan. 6 attack
The sentencings of former Proud Boys chairman Enrique Tarrio and a top associate set for Wednesday have been postponed. The pair was set to be sentenced following their convictions last May on charges of seditious conspiracy and several other felonies stemming from their roles in theJan. 6, 2021, assault on the U.S. Capitol.
The sentencing hearings for Tarrio and his associate Ethan Nordean were postponed Wednesday morning when U.S. District Judge Timothy Kelly called out sick. The sentencings have been rescheduled with Judge Kelly: Nordean's will be Friday, Sept. 1; Tarrio's will be Tuesday, Sept. 5.
Prosecutors areseeking 33 years in prison for Tarrioand 27 years for Nordean, in what would be by far the longest sentences yet handed down for individuals charged in connection with the attack.
"The defendants understood the stakes, and they embraced their role in bringing about a 'revolution,'" prosecutors wrote ina sentencing memorandumto Judge Kelly earlier this month. "They unleashed a force on the Capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election. The foot soldiers of the right aimed to keep their leader in power. They failed. They are not heroes; they are criminals."
The recommendation underscores what prosecutors see as the Proud Boys' singular role in igniting much of the violence at the Capitol that day, as well as Tarrio's leadership in the conspiracy by directing his followers' actions to disrupt Congress' certification of the 2020 election -- despite the fact he was not present in Washington, D.C., during the attack.
The request of 33 years for Tarrio is eight years more than the 25 years prosecutors had previously sought for Oath Keepers' leader Stewart Rhodes, who was also convicted of seditious conspiracy andsentenced earlier this year to 18 years in prison-- the longest sentence thus far handed down for any Jan. 6 defendant.
Similar to their approach to the Oath Keepers previously convicted of seditious conspiracy, the government is asking Judge Kelly to apply a so-called "terrorism enhancement" at sentencing to lengthen the prison terms each defendant will ultimately face -- and to effectively label their actions as domestic terrorism.
In their 80-page sentencing memo, prosecutors argued that for years the far-right group "intentionally positioned themselves at the vanguard of political violence in this country" by bringing an "army of violence" to communities such as Portland, Oregon; Kalamazoo, Michigan; and Washington, D.C., where they often engaged in violent clashes with leftist protesters.
"They brought that violence to the Capitol on January 6 in an effort to change the course of American history, and the sentences imposed by this Court should reflect the seriousness of their offenses," prosecutors said.
As they did through much of the more than four-month-long trial, prosecutors point out how the group became emboldened and saw a swelling of its ranks after former President Trump mentioned them during a September 2020 presidential debate, in which he told the Proud Boys to "stand back and stand by" after being asked if he would condemn the group's actions.
Prosecutors say Tarrio previously had gathered members of the group to protests in D.C. in November and December of 2020 and even posted a photo of himself visiting the White House.
He was arrested in D.C. two days before Jan. 6 on charges that he burned a Black Lives Matter flag during one of the prior protests that had erupted into violence, as well as possession of two high-capacity firearms magazines. While he was ordered to stay out of the city as result of those charges, messages displayed by prosecutors during the trial showed him in close contact with associates as they carried out the attack on the building.
In their sentencing memo, prosecutors extensively cite the group's calls for using force to stop the certification of President Joe Biden's election win, their communications over encrypted messaging apps to organize and recruit others, and actions during key moments throughout the riot to help fuel the violence on the ground.
"Such conduct in leading and instigating an attack like January 6 demands deterrence," prosecutors said. "It is critical that this Court impose significant sentences of incarceration on all the defendants in this case to convey to those who would mobilize such political violence in the future that their actions will have consequences."
Three other Proud Boys -- Joseph Biggs, Zachary Rehl and Dominic Pezzola will be sentenced separately on Thursday and Friday. The government is seeking 33 years for Biggs, the Florida Proud Boys leader; 30 years for Rehl, the head of the group's Philadelphia chapter; and 20 years for Pezzola.
Pezzola was the sole defendant found not guilty of seditious conspiracy following the more than four-month trial, though he was found guilty of other felonies including for his actions such as smashing through a Capitol window with a stolen police riot shield, one of the first physical breaches of the building that day.
Attorneys for the Proud Boys have urged Kelly to impose much more lenient sentences -- essentially encompassing the time they have already spent in pre-trial detention -- by arguing the case against them was overstated and that much of their communications were First Amendment-protected political speech.