Crane operator aged 38 sentenced to 8 months imprisonment plus fine for Capitol incursion on Jan. 6. He will be a convicted felon for the rest of his life, unable to be bonded or get a security clearance, unable to work for a defense contractor, unable to touch a firearm, unable to vote (depending on state law), and unlikely to get a good job. It is unclear how long the man was in jail before trial, or whether (like many others) he was in solitary confinement.
The man walked through the Senate chamber with a Trump 2020 flag, took selfies, aided an injured demonstrator, but hurt no one and damaged no property. Meanwhile, hundreds or thousands who burned police station and attempted to burn federal courthouse elsewhere go free.
Problems:
- What these people did was a riot in practical terms. But was it in legal terms? To be a riot, police have to announce an unlawful assembly so that people can hear it. This derives from the English Riot Act of 1714, which had to be read to rioters before they could be dispersed by police or troops. I have never read that an unlawful assembly was announced on Jan. 6. Was it?
- To be charged with trespassing, persons have to be asked to leave and refuse. They certainly cannot be invited in. Videos show Capitol Police welcoming some demonstrators and ushering them into the Senate chamber. Ignorance of the law may be no excuse, but ignorance of the facts may well be. How was this man supposed to know he should not be in that room when police ushered some demonstrators in with smiles?
File under U for Unequal justice under law. Cross-file under E for Excessive punishment.
https://www.cbsnews.com/news/capitol-riot-sentencing-paul-allard-hodgkins-felony/