US seeking 33-year sentence for ex-Proud Boys leader convicted of January 6 sedition

Prosecutors argue for so-called terrorism enhancement to extend Enrique Tarrio’s prison term, asking for almost double longest punishment handed down over Capitol riot so far

Proud Boys leader Henry 'Enrique' Tarrio during a rally in Portland, Oregon, September 26, 2020. (Allison Dinner/AP)
Proud Boys leader Henry 'Enrique' Tarrio during a rally in Portland, Oregon, September 26, 2020. (Allison Dinner/AP)

AP — The Justice Department is seeking 33 years in prison for Enrique Tarrio, the former Proud Boys leader convicted of seditious conspiracy in one of the most serious cases to emerge from the January 6, 2021, attack on the US Capitol, according to court documents filed Thursday.

The sentence, if imposed, would be by far the longest punishment that has been handed down in the massive January 6 prosecution. Oath Keepers founder Stewart Rhodes, who was convicted of seditious conspiracy in a separate case, has received the longest sentence to date — 18 years.

Tarrio, who once served as national chairman of the far-right extremist group, and three lieutenants were convicted by a Washington jury in May of conspiring to block the transfer of presidential power in the hopes of keeping Republican Donald Trump in the White House after he lost the 2020 election.

Tarrio, who was not at the Capitol riot itself, was a top target of what has become the largest Justice Department investigation in American history. He led the neo-fascist group — known for street fights with left-wing activists — when Trump infamously told the Proud Boys to “stand back and stand by” during his first debate with Democrat Joe Biden.

During the monthslong trial, prosecutors argued that the Proud Boys viewed themselves as foot soldiers fighting for Trump as the Republican spread lies that Democrats stole the election from him, and were prepared to go to war to keep their preferred leader in power.

“These defendants and the men in their command saw themselves as the foot soldiers of the right — they were prepared to use, and they did use, force to stop the ‘traitors’ from stealing the election,” prosecutors wrote in their court filing.

Prosecutors are also asking for a 33-year-sentence for one of Tarrio’s co-defendants, Joseph Biggs of Ormond Beach, Florida, a self-described Proud Boys organizer.

They are asking the judge to impose a 30-year prison term for Zachary Rehl, who was president of the Proud Boys chapter in Philadelphia; 27 years in prison for Ethan Nordean of Auburn, Washington, who was a Proud Boys chapter president; and 20 years for Dominic Pezzola, a Proud Boys member from Rochester, New York. Pezzola was acquitted of seditious conspiracy but convicted of other serious charges.

Rioters, including Dominic Pezzola, center with police shield, are confronted by US Capitol Police officers outside the Senate Chamber inside the Capitol, in Washington, January 6, 2021. (Manuel Balce Ceneta/AP)

Tarrio wasn’t in Washington on January 6, because he had been arrested two days earlier in a separate case and ordered out of the capital city. But prosecutors alleged he organized and directed the attack by Proud Boys who stormed the Capitol that day.

Defense attorneys argued there was no conspiracy and no plan to attack the Capitol, and sought to portray the Proud Boys as an unorganized drinking club whose members’ participation in the riot was a spontaneous act fueled by Trump’s election rage. Tarrio’s lawyers tried to argue that Trump was the one to blame for extorting a crowd outside the White House to “ fight like hell.”

Attorneys for the Proud Boys say prosecutors’ proposed sentences are extreme. Noting that the chaos on January 6 was fueled by Trump’s false election claims, a lawyer for Biggs and Rehl told the judge that “believing the commander in chief and heeding his call should yield some measure of mitigation.”

“The defendants are not terrorists. Whatever excesses of zeal they demonstrated on January 6, 2021, and no matter how grave the potential interference with the orderly transfer of power due to the events of that day, a decade or more behind bars is an excessive punishment,” attorney Norm Pattis wrote.

Illustrative: Members of the Proud Boys and other US right-wing demonstrators march across the Hawthorne Bridge during an ‘End Domestic Terrorism’ rally in Portland, Oregon, on August 17, 2019. (AP Photo/Noah Berger)

Like in the case of Rhodes and other Oath Keepers, prosecutors are urging the judge to apply a so-called “terrorism enhancement” — which can lead to a longer prison term — under the argument that the Proud Boys sought to influence the government through “intimidation or coercion.”

US District Judge Amit Mehta agreed with prosecutors that the Oath Keepers’ crimes could be punished as “terrorism,” but still sentenced Rhodes and the others to prison terms shorter than what prosecutors were seeking. Prosecutors had asked Mehta to sentence Rhodes to 25 years behind bars.

Tarrio, of Miami, and his co-defendants will be sentenced before US District Judge Timothy Kelly in a string of hearings starting later this month in Washington’s federal court.

It’s the same courthouse where Trump pleaded not guilty this month in the case brought by special counsel Jack Smith accusing the Republican of illegally scheming to subvert the will of voters and overturn his loss to Biden. Trump has denied any wrongdoing.

Tarrio and three of his lieutenants were also convicted of two of the same charges Trump faces: obstruction of Congress’ certification of Biden’s victory, and conspiracy to obstruct Congress.

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