Trump-Appointed Judge Gives ‘Break’ to Jan. 6 Defendant – Denies Punishment Sought by Prosecutors

A federal judge appointed during the Trump administration recently exercised judicial discretion by giving a self-described “break” to a defendant involved in the Jan. 6, 2021 incursion at the Capitol.

The judge’s decision deviated from the prosecution’s recommended prison term, prompting discussions on sentencing disparities in these cases.

According to a report from NBC News, Tyler Bensch, who pleaded guilty to two misdemeanor counts related to the incursion, received a sentence of two years probation and 60 days of home incarceration from U.S. District Judge Trevor McFadden.

Prosecutors had initially sought a more draconian nine-month federal prison term for Bensch’s involvement.

While acknowledging the seriousness of Bensch’s participation in the events of Jan. 6, Judge McFadden considered the defendant’s limited role compared to others and his young age as mitigating factors. Bensch was 19 years old at the time of the incident.

Judge McFadden emphasized the importance of learning from past mistakes. “This doesn’t need to define you or your life,” McFadden told Bensch.

Bensch, who was arrested in August alongside members of the Three Percent movement and “Guardians of Freedom,” pleaded guilty to disorderly and disruptive conduct on restricted grounds, as well as theft of government property for aiding in the removal of a stolen police shield from the Capitol grounds.

Prosecutors argued that Bensch contributed to the escalation of violence by using bear spray against another protester.

During the sentencing hearing, Bensch remained silent, but his ⚖️Court