October 28, 2021

"My hands are tied. In all my years on the bench, I’ve never been in this position before, and it’s all due to the government, despite calling this the crime of the century, resolving it with a . . . petty offense."

Said Judge Beryl A. Howell, quoted in "Chief federal judge in D.C. assails ‘almost schizophrenic’ Jan. 6 prosecutions: ‘The rioters were not mere protesters’" (WaPo).
Why, she asked, when prosecutors called the riot an “attack on democracy . . . unparalleled in American history,” were [Jack Jesse] Griffith and other participants facing the same charge as nonviolent protesters who routinely disrupt congressional hearings? “It seems like a bit of a disconnect,” Howell said — “muddled” and “almost schizophrenic.”...

On Thursday, Griffith told the judge his behavior was “truly disgraceful.” “I am ashamed of the way I acted,” he said. At the time of the break-in, he said, he thought it was a “minor inconvenience” for police, but now he understand they were “crippled by fear and wildly outnumbered.”

61 comments:

Amadeus 48 said...

"Why, she asked, when prosecutors called the riot an 'attack on democracy . . . unparalleled in American history...'were [Jack Jesse] Griffith and other participants facing the same charge as nonviolent protesters who routinely disrupt congressional hearings?"

I don't know, judge, seems pretty obvious to me.

Joe Smith said...

Oh puhlease...those snowflake cops need to find other jobs.

Achilles said...

The Biden Regime knows who the enemy is.

It isn't the illegal immigrants flooding hte border. The regime is going to start giving illegal immigrants checks for 450,000 dollars.

It isn't violent criminals who are being let out of prison.

It isn't a horde of unvetted Afghans that were randomly stuffed on planes.

It isn't the crowds of millions of people that rampaged and looted and burned their way through numerous cities.

It isn't boys raping girls in school bathrooms.

The Biden Regime is covering and endorsing all of that.

No They have targeted Trump supporters that solidly outnumber Biden supporters.

Nobody with a soul supports the Biden Regime. Their only hope is mail in "voting."

gspencer said...

"When government fears the people, there is liberty. When the people fear the government, there is tyranny."

The government is lashing out. "How dare the people think they can express themselves!"

tim maguire said...

Good for him for getting that on the record. At some point, the justice dept needs to be held accountable for corruption and human rights abuses.

pacwest said...

Winston. White courtesy phone fo Winston.

Yancey Ward said...

Can you clarify for those of us who won't pay for WaPoo- was she complaining that she wasn't allowed to give them harsher sentences because the government refused to charge them with harsher crimes? That is what that excerpt sounds like.

There is, of course, a huge disconnect between what the media and the Democrats (but I repeat myself) claims about the January 6th protests and what the political prisoners have been charged with. There is a huge disconnect between the charges and the months long detention without bail many of them have suffered. Occam's Razor is very useful here- the protesters were charged, by their obvious political enemies in the DoJ, with the stiffest charges the DoJ could probably prove- trespassing and other such misdemeanors. It definitely isn't the case that the government gave them a break in charging them so lightly.

If Beryl Howell is complaining about not being able to issue stiffer punishments, then she can go fuck herself, too- she has no business being a federal judge. I hope my interpretation is wrong, but I doubt it.

Chris Lopes said...

They were charged with what the prosecution could prove without much in the way of evidence. They are trying to avoid an actual trial, as that would be rolling the dice. So they charged the minimum and threatened the maximum to get these Orwellian "confessions". The judge is confused because the prosecutors don't really believe what they are saying either.

Drago said...

The Judges are shocked, SHOCKED, the politicized Stasi-DOJ prosecutors were lying like LLR's about the severity of what happened on Jan 6.

NMObjectivist said...


"... despite calling this the crime of the century, resolving it with a . . . petty offense.” 
Said Judge Beryl A. Howell, quoted in "Chief federal judge..."

The unequal treatment of Jan 6 demonstrators and the 2020 BLM Antifa demonstrators is the worst example of what Scott Adams calls, "Two Movies” I have seen. But it is more than “two movies” — it is unequal justice. The left has its mind made up that Jan 6 was an insurrection. That’s very bad when judges do it.

NMObjectivist said...


"... despite calling this the crime of the century, resolving it with a . . . petty offense.” 
Said Judge Beryl A. Howell, quoted in "Chief federal judge..."

The unequal treatment of Jan 6 demonstrators and the 2020 BLM Antifa demonstrators is the worst example of what Scott Adams calls, "Two Movies” I have seen. But it is more than “two movies” — it is unequal justice. The left has its mind made up that Jan 6 was an insurrection. That’s very bad when judges do it.

Mike of Snoqualmie said...

This was an FBI operation. Ray Epps and John Sullivan were ring leaders of the invaders, yet they are not being prosecuted. Epps was recorded urging protesters to invade the Capitol on 1/5 and 1/6, yet he's gone scot free. Sullivan was recorded in the Capitol building, directing rioters. Again, not being prosecuted.

First the invaders break through the Capitol Police cordon, then the CP remove the barriers to allow the protesters into the grounds. Same thing happens at Capitol building: invaders break in, the CP then open the doors and welcome the protesters in. The only ones being prosecuted are the protesters who were behaving like tourists, the FBI invaders are given get-out-of-jail-free cards.

David Begley said...

The biggest miscarriage of American justice in my lifetime: mostly peaceful protesters held without bond for months.

Rabel said...

From your quotes it sounds as if the Judge is upset at the extreme claims made by the DOJ which aren't backed-up by the actual crimes and charges.

Far from it. She wants the protesters punished much more harshly for the collective nature of their actions and is upset that the charges are not more severe despite the fact that the actions of the individual defendants do not merit such severity.

“The rioters attacking the Capitol on Jan. 6 were not mere trespassers engaging in protected First Amendment conduct or protests,” Howell added. “They were not merely disorderly, as countless videos show the mob that attacked the Capitol was violent. Everyone participating in the mob contributed to that violence.”

I think that's a disgraceful attitude from a federal judge.

Rabel said...

Put it another way - she's calling for collective punishment.

To Hell with her.

rehajm said...

Wake me when they go after the FBI rioter protesters…

rhhardin said...

She looks as stupid as it sounds like she is. Women have trouble with structural things. She seems to assume that the FBI is trying to be nice and therefore the protesters are not. What more needs to be said.

rhhardin said...

Is Judge Ito still around? It's this woman or Ito for the next Supreme Court slot.

Vance said...

Mike of Snoqualmie brought up John Sullivan as a potential FBI person. Entirely possible!

Sullivan was involved in a riot in Provo, Utah last year where one of his leftist Antifa/BLM buddies shot a motorist in cold blood. He got off Scott free.

He is out on bail, allegedly, right now with an ankle monitor, despite being the guy who recorded and broadcast himself calling for extreme violence, and also filming Ashley Babbitt's murder.

His treatment is far different than this Griffith guy got. Lends credence to the idea it's all an FBI operation.

This Person said...

Crippled! Wildly! It sounds so terrible when you put it that way.

Michael K said...

"The floggings will continue....."

Iman said...

They’ll wring that confession/apology out of these people one way or another.

The Biden administration, Congressional Democrats and much of our media are anti-American in much of what they say and, perversely, what they do.

Chuck said...

I’d like to see a detailed explanation as to how this story was given the blog’s tag; “the Trump resistance.”

What does that mean in this context? Is the Chief Judge of the US District Court for the District of Columbia a “Trump resistor”? The defendants certainly aren’t Trump resistors. Where in this story do we find “the Trump resistance”?

Joe Smith said...

And yet, not a single prosecution for the crime of 'insurrection.'

And not a single gun found on anyone entering the capitol on that day.

Goldenpause said...

If an experienced judge can’t figure out the con game going on here it is time to retire.

gilbar said...

Serious Question
What was the last terrorist thing, that Was NOT planned and performed by the FBI?
In Fact, aren't they ALL planned and performed by the FBI?

(I used to think that 9/11 wasn't an inside job... I not so sure now)

robother said...

Sounds like Beryl is bucking for Chief Justice of Biden's new Star Chamber Court.

gilbar said...

Howell added. “They were not merely disorderly, as countless videos show the mob that attacked the Capitol was violent. Everyone participating in the mob contributed to that violence.”


She's Got a Point there!
That one protester, you know; the one with the gun, that MURDERED that unarmed woman?
That was the definition of Violent!

Sebastian said...

“It seems like a bit of a disconnect,” Howell said — “muddled” and “almost schizophrenic."

Not at all. The 1/6 narrative was strictly propaganda. The law maintains a semblance of reality. Sounds like the "judge" prefers the narrative over the law.

retail lawyer said...

Yesterday on NPR I heard that 106 or some such number of participants in the 1/6 "insurrection" plead guilty. No mention of what they pled guilty to.

Ann Althouse said...

“ I’d like to see a detailed explanation as to how this story was given the blog’s tag; “the Trump resistance.” ”

Click on the tag so see.

It collects all the stories going back to the election about resisting the announced outcome.

Yancey Ward said...

Wow, no surprise shit-for-brains Chuck can't figure out the difference between resistors and resistance in that context.

Drago said...

Remember, even as of a few days ago, LLR Chuck was still playing dumb re: Garland's dependence on the jointly drafted NSBA/WhiteHouse "letter" which led to Garland labeling parents "domestic terrorists" simply because those parents were concerned about marxist indoctrination in our schools and rapes committed by psycho males pretending to be girls in HS bathrooms (yes, a real dream scenario for The Lincoln Project types).

Indoctrination that our LLR Chuck has passionately defended on this very blog.

David53 said...

"but now he understand they were “crippled by fear and wildly outnumbered.”

Whose job is it to catch this kind of mistake? How many people read this article before it was published? My Microsoft Word spelling and grammar review caught it. I have no experience with publishing newspapers and this is a serious question. Just curious.

Bender said...

Frankly, this judge and most judges on the D.C. District Court need to be removed from the bench and disbarred. They have disgraced themselves as thoroughly corrupt in these prosecutions.

Kevin said...

Hey Judge, if you can’t find the sucker at the table, you’re it.

typingtalker said...

The Capitol Police certainly has enough funding to be prepared. The force has 2,300 officers and a $516 million budget to defend two square miles.
[ ... ]
The Capitol Police budget is more than the police budgets of Atlanta and Detroit.

Cato

A real trial would publicize the failure of the well-funded and well-staffed capital police to prevent the "insurrection". An insurrection organized (for some value of "organization") by individuals and groups who were the opposite of secret in their planning and organization.

And it would raise the question of what would have happened if a real well-armed insurrection had taken place. Authorities attitudes seem to be, "Lets just keep the whole thing out of the news."

Drago said...

"BREAKING: New Hampshire School Boards Association just decided to withdraw from the National School Boards Association effective immediately."

Hmmmm.

Standby for LLR Chuck blaming this on redneck confederacy-loving uneducated racists in.....(checks notes) .....New Hampshire.

Ray - SoCal said...

This mentions John Sullivan, as well as Ray Epps.

It's shocking...

Meet Ray Epps: The Fed-Protected Provocateur Who Appears To Have Led The Very First 1/6 Attack On The U.S. Capitol - Revolver News

The author of this was also on Tucker going over the article:
Tucker Carlson on January 6th, Ray Epps & FBI Agitators

Quaestor said...

Chuck the Cuck writes: What does that mean in this context? Is the Chief Judge of the US District Court for the District of Columbia a “Trump resistor”?

Depends on her impedance, doesn't it?

Mike of Snoqualmie said...

typingtalker:

A real trial would publicize the failure of the well-funded and well-staffed capital police to prevent the "insurrection". An insurrection organized (for some value of "organization") by individuals and groups who were the opposite of secret in their planning and organization.

It's not a failure, but a feature. The Capitol Police were sent out there to fail, so the Trump dupes could be lured onto the Capitol grounds and then into the Capitol itself. So Nancy Pelosi and Chuckie Schumer could then crow about the "insurrectionists" and how bad Trump and the Republicans are.

Josephbleau said...

The judge seems to believe that judicial punishment should be given not for individual actions but given for the sum of actions that took place in your vicinity. Why should I be punished at a higher degree because I was walking around a place where other people broke windows? Hard to believe a practicing judge can be so irrational. A judge seems to be the closest thing we have to a dictator.

M said...

No buildings were burned, no stores systematically looted, no one was raped or murdered by the Jan 6 protestors. Unlike many, if not most, contemporary leftist protests.

The real issue is bureaucrats saw a tiny fraction of what fly over country could do if pushed too far and soiled their pants. They are howling that their privilege to abuse the populace unmolested was questioned by people not just angry about the election fraud but by the theft of our culture and country by mostly unelected Globalists.

Government is currently too big and too corrupt no matter which side is in nominally charge and they will not willingly remove their boots from the necks of the peasants. This is going to end badly for everyone. After decades of excusing violent Leftist rioters that Dem’s reaction to a few righties getting out getting out of hand is to act like virgins who have been brutally violated makes me not care that one day they may all end up hanging from lamp posts. They certainly don’t care about average citizens which is the only reason they are employed by We the People.

Zach said...

Judge sees disconnect between what the government can prove in court and what the government claims on TV...

Judge believes what she sees on TV.

I swear, sometimes it seems like this country has no judges at all. She's so eager to reach the predetermined verdict, she prompts the lawyers to say their lines so that she can get to the big finish.

LA_Bob said...

"BREAKING: New Hampshire School Boards Association just decided to withdraw from the National School Boards Association effective immediately."

Now AG Garland can immediately investigate the New Hampshire School Boards Association for domestic terrorism.

Zach said...

I mean, seriously, is a judge really allowed to say from the bench that she would have found a defendant guilty of crimes the defendant wasn't charged with, on the basis of evidence that the government didn't present in court?

Aren't there specific rules saying that the courts can only rule on specific cases or controversies, and preventing judges from issuing advisory opinions?

Isn't the defendant entitled to the presumption of innocence? How does that square with the judge officially saying "You're guilty, but my hands are tied."

Amadeus 48 said...

Heh. Anyone can tell from the judge's comments that she wanted her some insurrection prosecutions--crime of the century, indeed. Instead, she gets trespassing misdemeanors. She might as well be in DC night court.

She wanted to make a ringing speech in stentorian tones about the sanctity and the dignity of the process of electing anyone except a Republican as POTUS.

Too bad, Beryl. Bryn Mar-- Columbia Law-- all wasted. History will have to do without your speechifying. But they got Jack Griffith to grovel. Did they get him to say he loved Big Brother?

Ice Nine said...

>Judge Beryl A. Howell said in court Thursday. “Let me make my view clear: The rioters were not mere protesters.”<

This pronouncement should disqualify this overtly biased leftist tool from presiding over any future Jan6 trial. She's pissed that she can't throw them all in jail instead of this pissant probation stuff.

>>After asking for probationary sentences in several cases, the government sought a three-month jail sentence for Griffith. Assistant U.S. Attorney Jamie Carter said prosecutors gave some defendants credit for early acceptance of responsibility. Griffith, she added, displayed a lack of remorse after the attack and *continued to spread false election claims.*<<

In other words, he committed thought crime and needed to be punished more severely than mere trespassers.

Douglas B. Levene said...

The Appeals Court should remove Judge Howell from any cases against any January 6 defendants. She has rejected the role of the judge as a neutral referee between the government and the defense, and has gone all in as a would-be prosecutor, telling DOJ what it should be doing in these cases. That kind of bias and prejudgment seems to be pretty good grounds for reversal of any convictions of January 6 defendants in her court.

Lee Moore said...

Turns out Emmet Sullivan is actually the voice of sanity on the DC judicial bench. Who had that on their bingo card ?

wendybar said...

Wildly outnumbered because NASTY Nancy Pelosi refused the request by President Trump to have the National Guard stand by. That's ON her. SHE wanted this.

~ Gordon Pasha said...

A prime example of the rule that a judge is a lawyer who is friends with a politician.

Tina Trent said...

Drago it's a good start, except there are about 50 different types of these organizations marching in lockstep at every state capitol and DC. And many are tasked with certifying school.administrators, principals etc. Get ready to play whack a mole.

mikee said...

Nonviolent protesters who routinely disrupt Congressional hearings - Code Pink - should be RICO defendents.

Mike (MJB Wolf) said...

Ray Epps is the only insurrectionist, on multiple videos at multiple locations both 1/5 and 1/6 at the Capital, that is openly calling for breaching barricades and “getting in Congress” and is seen actually moving barricades and herding the crowd with calls for violence. Many attendees in Trump hats pointed him out and yelled “HE’S A FED!” Indeed he is at least an informant if not a Fed. He also infiltrated the Bundy Stand-off. Weird how the one guy filmed trying to incite insurrection is still free as a bird, isn’t it?

Mike (MJB Wolf) said...

And of course voter fraud is just a local problem, not something Trump should ever have mentioned out loud. How gauche! Wait. What's this?

Richard Aubrey said...

I believe the feds have a conviction rate that Sadaam's secretest top courts would have envied.
Gots to be a reason.

Greg The Class Traitor said...

"My hands are tied. In all my years on the bench, I’ve never been in this position before, and it’s all due to the government, despite calling this the crime of the century, resolving it with a . . . petty offense."

Well, Judge, that's because the DoJ lied about 1/6, and is now having to walk back those lies because they're now in the court of law, rather than the court of public opinion.

How do we know that all the "insurrection" talk was total bullshit? Well, because the Biden / Garland 9arrest parents who disagree with left wing school bards) DoJ, in front of a left-wing hack of a "judge" who desperately wants to hurt the "insurrectionists" still only pushing minor charges, because there's nothing else they can push.

Even when they know the "judge" will cut them every possible slack.

Because it wasn't an "insurrection", it was a mostly peaceful protest where people only went inside ofter the police invited them in.

And since that's on video, and the defense attorneys have access to that video, nothing else will fly

Greg The Class Traitor said...

Chris Lopes said...
They were charged with what the prosecution could prove without much in the way of evidence. They are trying to avoid an actual trial, as that would be rolling the dice.

Yeah, think about that.

left wing hack of a "judge". DC Democrats for jury. And teh DoJ still isn't willing to risk a trial,

That's is how total bullshit the charges are

Greg The Class Traitor said...

" I’ve never been in this position before, and it’s all due to the government, despite calling this the crime of the century, resolving it with a . . . petty offense."

Which, BTW, is a violation of DoJ policy.

https://shipwreckedcrew.substack.com/p/doj-takes-a-step-backwards-to-resolve

The problem is that when deciding that a misdemeanor is “the most serious readily provable charge” to accept in a plea agreement after having sought and obtained a felony charge in the indictment, the prosecutor is confronted with another DOJ policy — one he/she was supposed to have followed when the charges were brought. Section 9-27.310 states:

>>>
[T]he attorney for the government should bear in mind that he/she will have to introduce at trial admissible evidence sufficient to obtain and sustain a conviction, or else the government will suffer a dismissal, or a reversal on appeal. For this reason, he/she should not include in an information, or recommend in an indictment, charges that he/she cannot reasonably expect to prove beyond a reasonable doubt by legally sufficient and admissible evidence at trial.
<<<

This is why DOJ does not, as a matter of policy, allow cases where felony charges are filed to be resolved with a guilty plea to a misdemeanor. At the time the indictment was sought, the prosecutor was supposed to have made a judgment that there was sufficient admissive evidence to prove the felony offense at trial beyond a reasonable doubt.

Greg The Class Traitor said...

Douglas B. Levene said...
The Appeals Court should remove Judge Howell from any cases against any January 6 defendants.

The Appeals Court is full of dishonest leftists who en ban reversed the writ of mandamus against Judge Sullivan in the Flynn case.

The majority of them are just as much partisan left wing hacks as she is