DOJ appeals sentences of Proud Boys members

The Justice Department on Monday filed a notice to appeal the sentences of five members of the Proud Boys, including its former leader, Enrique Tarrio, aiming to get stiffer penalties for those convicted for their role in the Jan. 6 attack on the Capitol.

Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl were convicted of seditious conspiracy in connection with the attack, while Dominic Pezzola was found guilty of other charges.

While each of the four men convicted of seditious conspiracy received sentences of at least 15 years in prison — Tarrio’s sentence was 22 years — many of the figures fell far below what was originally sought by prosecutors.

The notice of appeal does not include any legal arguments, and instead alerts the court to prosecutors’ plans.

“We merely filed the notice to preserve our right to appeal,” said a spokesperson for the U.S. Attorney’s Office in D.C., which is leading the case.

Still, the move falls in line with the way the Justice Department handled other seditious conspiracy cases, including sentences handed down for members of the Oath Keepers, with prosecutors likewise appealing sentences for members of the far-right militia group.

Prosecutors requested 33 years in prison for Tarrio, whom they painted as the driving force of a plot to stop the peaceful transfer of power from then-President Trump to then-President-elect Biden. 

Tarrio’s attorneys had recommended a sentence of no more than 15 years in prison and argued against the use of a terrorism enhancement in deciding his punishment.

U.S. District Judge Timothy Kelly ultimately did apply a terrorism adjustment to Tarrio’s sentencing guidelines, but he would not grant the full sentence sought by federal prosecutors. He did, however, issue a higher sentence than other extremist members, in the hopes it would act as a deterrent.