During Howell’s first public session in a riot-related case since the January 6 riots, the judge – a former lawyer on the Senate Judiciary Committee – appeared to be filled with anger over the attack on the Capitol. She repeatedly emphasized that the protesters not only disrespected the historic building, but were also involved in an attempt to undermine the constitution.
“His legitimate behavior that he exhibited in videos and photos when inside the Capitol shows a total disregard for the law, a total disregard for the US Constitution,” said Howell, appointed by President Barack Obama. “This violence interrupted a constitutional function of Congress.”
Howell commented that events at the Capitol three weeks ago put fear in the hearts of lawmakers, officials and members of the media. She also said that the protesters transformed life in Washington, leading to the sending of thousands of National Guard soldiers and the placement of crowd control fences that isolated much of the city center.
“What happened that day at the United States Capitol was a criminal activity that is destined to go down in our country’s history. … This was not a peaceful protest ”, declared the judge. “We are still living here in Washington, DC, with the consequences of the violence in which this defendant is accused of having participated.”
The judge seemed particularly provoked by Barnett’s impetuous and ostentatious behavior, describing it as evidence that he would probably challenge any court order on how to behave during his release.
“He not only entered the Capitol without authorization, but also stepped into the position of Mayor, Nancy Pelosi,” said Howell. “He felt so right that he put his feet on the table. He felt so right, took the mail from her and left with a mail. “
Although the judge classifies the charges against Barnett as “seriously serious”, they are, in fact, relatively modest. Others who participated in the riot face a variety of charges, including assaulting the police with a dangerous weapon, obstructing Congress and interfering with the police during civil unrest. Prosecutors say they are also considering opening charges of sedition against some protesters.
Howell also blurted out Barnett’s lawyer, Anthony Siano, about a letter he sent the court earlier this month complaining about prosecutors’ actions regarding the appeal of the magistrate’s decision in Fayetteville, Arkansas, which allowed Barnett to be released into the custody of his longtime partner.
Siano accused prosecutors of not revealing that they planned to request that Barnett be transported from Arkansas to Washington and of not telling the court that Barnett had hired a lawyer. The lawyer, who lives in White Plains, NY, also complained that he did not receive a copy of the documents related to the appeal until Howell granted a suspension and ordered Barnett to be taken to DC
The judge, however, said these complaints were unjustified.
“I don’t know how you practice in other jurisdictions, Mr. Siano, but I’m telling you now: throwing accusations of misconduct by opposing lawyers is not acceptable here, when it has no merit,” said Howell. “This accusation is frivolous and without merit. … If you are going to continue in this case, I warn you about how you behave, because that letter was totally inadequate. “
During the 90-minute hearing, which participants joined by video and journalists over the phone, the judge also noted – with disapproval – a vulgar remark that Barnett allegedly made about his actions in Pelosi’s office and a sexist slander that addressed the speaker.
Siano dismissed this as an exaggerated political conversation. “He had political hostility towards the speaker,” said the defense lawyer.
Barnett appears to have used a stun gun while he was in Pelosi’s office, but Siano emphasized that there was no evidence that Barnett was violent to anyone during events on Capitol Hill. He also said that an envelope that Barnett allegedly took from Pelosi’s table was empty.
“And should that make you better?” the judge responded with skepticism.
US Assistant Prosecutor Mary Dohrmann called the evidence against Barnett “truly indisputable”.
“He knew exactly what he was doing,” she said.
Perhaps fortunately for Barnett, it is unlikely that future proceedings in your case will take place before Howell. If he is indicted or pleads guilty to a crime in the case, he will be placed for random assignment.