Judge in Jan. 6 Case ‘Shocked’ Public Figures Call Imprisoned Defendants ‘Hostages’

Supporters of President Trump protest in Washington, on Jan. 6, 2021. AP Photo/Jose Luis Magana, File

A federal judge, who has presided over several cases related to the Jan. 6, 2021, breach of the U.S. Capitol, has rebuked the characterization of those convicted as “hostages.”

U.S. District Judge Royce Lamberth of the District of Columbia made the remarks during the resentencing of Jan. 6 defendant James Little, which was filed on Thursday.

Judge Lamberth took exception to Mr. Little referring to himself on social media as a “political prisoner” convicted “for a flipping misdemeanor.”

The judge also condemned statements by public figures who have described those convicted over the breach as “hostages,” lamenting that such views have “gone mainstream.”

“I have been dismayed to see distortions and outright falsehoods seep into the public consciousness,” Judge Lamberth wrote in the filing, which formed the basis of his verbal remarks from the bench directed at Mr. Little.

“I have been shocked to watch some public figures try to rewrite history, claiming rioters behaved ‘in an orderly fashion’ like ordinary tourists, or martyrizing convicted January 6 defendants as ‘political prisoners’ or even, incredibly, ’hostages.'”

“That is all preposterous,” he continued, adding that he “fears that such destructive, misguided rhetoric” could be an omen of “further danger to our country.”

Judge Lamberth didn’t directly mention former President Donald Trump who recently called on President Joe Biden to “release the J6 hostages” during a campaign rally in Iowa on Jan. 6, three years to the day of the breach. President Trump repeated this call during campaign stump speeches this month and in a recent Truth Social post.

Rep. Elise Stefanik (R-N.Y.) also referred to the Jan. 6 defendants as “hostages” during her appearance on “Meet the Press” this month. Rep. Andrew Clyde (R-Ga.) compared some of the protestors in Statutory Hall to tourists during a congressional committee meeting in 2021. He said: “You know, if you didn’t know the TV footage was from January 6th, you would actually think it was a normal tourist visit.”

The judge emphasized that the events were not a peaceful protest but a coordinated and violent attack on the democratic process, resulting in serious consequences.

Appeals Court Rules Sentence Illegal

Last August, the U.S. Court of Appeals for the D.C. Circuit vacated Judge Lamberth’s original sentence from March 2022 and sent the case back to the district court for resentencing.

Mr. Little and his lawyer had argued Judge Lamberth’s original sentence was illegal as it combined a 60-day prison sentence with three years of probation for a single “petty” misdemeanor count. This was double the jail time that prosecutors recommended.

The D.C. Circuit Court agreed with Mr. Little and his lawyer. By then, Mr. Little, who had served his prison term and nearly half of his probation, asked to be set free.

With the case remanded back to Judge Lamberth for resentencing, Mr. Little will now go back to prison for an additional 60 days, replacing the 18 months left on his probation.

A question remains about the legality of the new sentence.

Joshua Carpenter, a federal public defender representing Mr. Little, said that he will be filing a second appeal. This follows a ruling on Jan. 17 by a magistrate at a D.C. court, which stated that imposing a harsher sentence after it has been deemed illegal would violate the constitutional prohibition against double jeopardy.

In the other case, U.S. Magistrate Judge Zia M. Faruqui found that the “power of the court to punish further is gone” when that defendant has fully suffered one of the alternative punishments mandated by law.

In Mr. Little’s case, he has already served his full initial prison term and half of his probation, an alternative punishment that has now been found to be illegal.

On Thursday, Judge Lamberth expressed concerns about fully crediting the 18 months of probation and setting Mr. Little free now, saying he had not complied with mandatory conditions, such as an outstanding $500 restitution payment and an additional $10 fee. His lawyer told the court the check was now in the mail, citing “miscommunications.”

The judge also said that Mr. Little appears to show a lack of remorse, citing public statements and interactions with his probation officer.

“This is a matter of right and wrong. Little cannot bring himself to admit that he did the wrong thing, although he came close today,” Judge Lamberth wrote.

Ultimately, the judge increased Mr. Little’s prison term to 150 days. After crediting 90 days for time served and 30 days for the 18 months of probation, Mr. Little will spend 60 days in prison under the new sentence.

The judge described this as aiming for a fair balance between recognizing the time served and maintaining a sentence proportional to the severity of the offense.

‘A Persecuted and Prosecuted J6 Patriot’

Mr. Little, a North Carolina man, has described himself as a “persecuted and prosecuted J6 Patriot” who has spent time in “political prison,” according to court filings.

He pleaded guilty to a single petty misdemeanor charge as part of a deal with prosecutors for parading, demonstrating, or picketing in a Capitol building. He walked through the U.S. Capitol, and his behavior included fist-bumping other protesters and taking selfies in the Senate Gallery.

This was the first time a judge imposed jail and probation on a single count, according to Mr. Little’s lawyer, who argued it is not allowed under federal law. The D.C. Circuit Court agreed.

Judge Lamberth has regularly given sentences beyond what prosecutors recommend for Jan. 6 defendants. Some have appealed their split sentences and have received early terminations of their probation.

At the time of the first sentencing, Judge Lamberth said: “I believe some term of imprisonment is essential in these cases now, to reflect the seriousness of the offense, promote respect for the law, and to provide just punishment for the offense.” He also stressed that he wanted to ensure the defendant would be under court supervision for the next election cycle.

At the sentencing hearing on Thursday, the judge addressed whether it’s proper to sentence a Jan. 6 defendant to prison for a misdemeanor rather than a felony, saying, “The Court wishes to emphasize something: Misdemeanors can be serious crimes.”

According to prosecutors, Mr. Little “penetrated the Capitol all the way to the Senate Gallery, where he took photographs of himself and sent the photographs to trusted friends.”

He also sent out text messages that said, “We just took the Capital!” (sic) and “We are stopping treason. Stealing elections is treason.”

Court records indicate that Mr. Little’s texts led to him being reported to the Federal Bureau of Investigation by an unnamed relative.

The Epoch Times contacted Mr. Little’s public defender for comment.