Judge Royce C. Lamberth initially sentenced James Little in 2022 to 60 days in prison and three years of probation for his participation in the Jan 6 insurrection. After an appeals court ruled the combined prison-probation sentence illegal, Lamberth sentenced Little to another two months behind bars.
Back and forth
Little initially pleaded guilty to illegally parading at the Capitol on Jan 6, 2021. However, his public defenders argued that Judge Lamberth’s sentence, which combined prison time and probation for a single charge, was illegal.
Gears turning
The US Court of Appeals for DC decided in August 2023 that Little’s public defenders were correct. “Probation and imprisonment are alternative sentences that cannot generally be combined,” the court ruled. “The district court could not impose both for Little’s petty offense.”
Time served
By the time this decision was passed, Little had served his prison time and about half of his three years of probation. He therefore asked Lamberth to be set free altogether.
No luck
However, Lamberth instead gave Little another couple of months in prison. Specifically, Lamberth sentenced Little to 150 days, with 90 subtracted for the time Little had already served in prison and on probation.
Careful calculation
As Lamberth explained in his ruling, the “principles of double jeopardy do not prohibit the Court from imposing an additional term of imprisonment or probation when it resentences Little, as long as it credits the time already served in prison or probation against any new punishment.”
Key issue
Lamberth’s issue was that “Mr Little cannot bring himself to admit he did the wrong thing,” he explained. “This is a matter of right versus wrong.”
Determined mindset
According to Little’s probation officer, the man showed an “inability to fully accept responsibility for his actions.” While generally polite, Little did “not make an effort” towards paying his $500 fine and “circles” conversations “back to how he feels his voice is being silenced.”
No self-reflection
“Mr. Little’s biggest problem,” the probation officer concluded, “is minimizing his actions and attempting to justify the same. He regularly states he was simply parading at the Capitol Building without taking accountability or thinking of the legal consequences of the unlawful situation.”
Acting up
During the sentencing, Little reportedly rolled his eyes and shook his head while Judge Lamberth spoke. He was on a video call from his home in North Carolina.
Continued rhetoric
According to prosecutors, Little described himself on social media as a “political prisoner.” He also compared himself to Vietnam veterans.
Fellow criminal
Little also referred to the QAnon Shaman, an infamous Jan 6 rioter whose real name is Jacob Chansley, as a “fellow persecuted and prosecuted J6 Patriot.” This particularly annoyed Judge Lamberth. “I happen to be the judge who had Mr. Chansley’s case,” Lamberth said, “and I know that he was neither persecuted nor prosecuted improperly or unlawfully.”
Legal boundaries
Little “has a First Amendment right to believe the 2020 election was stolen; he has the right to express that view, too,” Lamberth explained. However, Little did not have “the right to engage in riotous behavior at the US Capitol.”
Unprecedented
“In my 37 years on the bench,” Lamberth said, “I cannot recall a time when such meritless justifications of criminal activity have gone mainstream.”
Harsh ruler
Lamberth, who was appointed by President Reagan, handed tougher-than-recommended sentences to Jan 6 rioters more than any other judge except Tanya S. Chutkan. Chutkan is the judge in charge of Trump’s election interference case.
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