James Little, a Jan 6th defendant, argued that his punishment for his participation in the riot was illegal. He was successful, but then a judge handed him 60 more days in prison.
January 6th, 2021
Judge Royce C. Lamberth explained that he was concerned about “further danger to our country” because of the “shameless attempts” of people like Little to “misinterpret or misrepresent” the events of January 6th, 2021.
Defendants and Hostages
The judge also referenced remarks made by GOP lawmakers like Representative Elise Stefanik, who compared Jan 6th defendants to “hostages.” Lamberth called this “preposterous.”
Public Figures Rewriting History
“I have been shocked to watch some public figures try to rewrite history. It’s up to the court to tell the truth. I hope a little truth will go a long way,” the judge said.
A “Petty” Misdemeanor
In 2022, Lamberth sentenced Little to 60 days in prison and three years of probation, but the 53-year-old North Carolina truck driver’s public defenders said the sentence was too severe for a single “petty” misdemeanor; he couldn’t be sentenced to both prison time and probation.
A Successful Appeal
To Little’s delight, a federal appeals court agreed with his legal team, but the rioter was already out of prison and halfway through his probation. The case was returned to Lamberth so the Little could be resentenced.
60 More Days
Little’s delight soon turned to horror; the judge used the opportunity to give him 60 more days in prison on the grounds of the truck driver’s apparent lack of remorse.
Right vs. Wrong
“This is a matter of right versus wrong. [Little] cannot bring himself to admit he did the wrong thing,” Lamberth said. In a video, the defendant rolled his eyes in response.
Meritless Justifications of Criminal Activity
“In my 37 years on the bench, I cannot recall a time when such meritless justifications of criminal activity have gone mainstream,” Lamberth said.
An Entitled Rioter
According to a probation officer, Little displayed an “inability to fully accept responsibility for his actions.” The officer said the rioter’s behavior was “consistent with entitlement.”
Spreading Misinformation Online
Prosecutors pointed out that, even after his initial sentencing, Little used social media to spread misinformation regarding FBI involvement in the Capitol riot. He also described himself as a “political prisoner,” and he promoted a campaign saying the Democrats would attempt to “rig” the upcoming presidential election.
Future Political Rallies
Little promised not to attend political rallies in the future, but he also made a point of calling it a “constitutional right.” The rioter continued: “I’m a little scared, honestly. I’m getting too old for this stuff.”
First Amendment Rights
Lamberth challenged Little’s “constitutional right” claim. He explained that the truck driver “has a First Amendment right to believe the 2020 election was stolen” and “has the right to express that view too,” but he also explained that freedom of speech “does not give anyone the right to engage in riotous behavior at the U.S. Capitol.”
Violence Is What Let Them In
Lamberth said that Jan 6th misdemeanor defendants should understand that they only gained access to the Capitol because of other, more violent rioters. “Not everyone present that day was violent, but violence is what let them into the Capitol,” he said.
The QAnon Shaman
Of all Little’s questionable social media actions, the judge was particularly annoyed that he referred to Jacob Chansley — the “QAnon Shaman” — as a “fellow persecuted and prosecuted J6 patriot.”
Mr. Chansley’s Case
Lamberth said: “I happen to be the judge who had Mr. Chansley’s case, and I know that he was neither persecuted nor prosecuted improperly or unlawfully.”
A Tough Judge
Lamberth has managed to make a name for himself as “one of the toughest sentencers in the D.C. federal court” for Jan 6th defendants, according to The Washington Post.
Other Jan 6th Defendants
Several Jan 6th defendants were given similar sentences to Little — both prison time and probation. Some appealed and received early probation termination. Others didn’t appeal at all.
A New Appeal
Given that a magistrate judge recently determined that imposing a more severe punishment after a sentence has been declared unlawful would constitute a breach of the constitutional prohibition against double jeopardy, Little’s legal team is planning a new appeal.
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