A leader of the Proud Boys Joe Biggs, was sentenced to 17 years in federal prison for his role in the January 6, 2021, Capitol riot. The extensive sentence was applied after a judge determined Biggs qualified for a “terrorism” enhancement.
Convicted in May, Biggs, 39, was found guilty of several charges which included conspiracy to obstruct an official proceeding; seditious conspiracy; obstruction of an official proceeding; intimidation or threats to prevent officers of the U.S. from discharging their duties; conspiracy to use force, interference with law enforcement during civil disorder; and destruction of government property. Biggs was sentenced Thursday by U.S. District Judge Timothy Kelly.
Among the longest of the January 6 case, Biggs’s 17-year sentence is second to the 18-year sentence Oath Keepers founder Stewart Rhodes received. According to the sentencing guidelines, Biggs will also be placed on supervised release for 36 months, after he completes his sentence. Biggs faced a maximum of 33 years in prison, which had been the request of prosecutors.
Judge Kelly determined that Biggs qualified for a “terrorism” sentencing enhancement because he tore down a fence at the Capitol that stood between police and rioters. Kelly called the fence’s destruction a “deliberate, meaningful step” that contributed to the disruption of the electoral vote count, according to reports. Kelly said at Thursday’s sentencing hearing-
“I’ve reviewed the evidence of Mr. Biggs’ calculation and deliberation in taking down that fence,”. “When that fence came down it facilitated the mob in overwhelming law enforcement, entering the Capitol and eventually halting the proceedings.”
-U.S. District Judge Timothy Kelly
A U.S. Army veteran, who previously worked for InfoWars as a correspondent, Biggs was represented by Norm Pattis, who also represents InfoWars founder Alex Jones. Arguing against the terrorism enhancement, Pattis, called the fence’s destruction a “means to an end.” Pattis said-
“What happened here? A $32,000 fence was an obstacle to the Capitol,” “No serious person here will argue destroying the fence was meant to influence government. It was a means to an end.”
-Norm Pattis, Biggs Legal Council
Before he was sentenced, Biggs apologized for his actions and acknowledged that he “messed up”. In a report by NBC News, Biggs said-
“I apologize for my rhetoric,” Biggs said, adding he used it as a way to deal with what was going on with his family after his daughter was molested by a member of their family. “I’m so sorry. … I’m not a terrorist, I don’t have hate in my heart.”
Biggs grew emotional as he talked about his daughter, swearing on her life that he intended Jan. 6 to be his last event with the Proud Boys. “I’m done with it. I’m sick and tired of left versus right,” Biggs said. The only group he wants to be affiliated with, he said, is his daughter’s PTA.
-NBC NEWS
Judge Kelly agreed the terrorism enhancement-
“overstates” [Biggs’s conduct…adding] “It’s not my job to label you a terrorist and my sentence today won’t do that, no matter what it is,”… “What happened on Jan. 6 harmed an important American custom that helps support the rule of law and the Constitution,” adding… “That day broke our tradition of peacefully transferring power which is among the most precious things that we had as Americans. Notice I said had. We don’t have it anymore.”
-U.S. District Judge Timothy Kelly
U.S. District Judge Amit P. Mehta applied the terrorism enhancement when handing down Rhodes’s 18-year sentence and Kelly appears to have followed suit. Additionally, on Thursday, Kelly also sentenced Rehl, who served as the president of the Proud Boys Philadelphia chapter, to 15 years in prison.
“It is ironic that the United States should have been founded by intellectuals, for throughout most of our political history, the intellectual has been for the most part either an outsider, a servant or a scapegoat.”
-Richard Hofstadter