The Proud Boys have certainly lived up to their own motto: “Fuck around, find out!” On January 6, 2021, members of the group, led by Joseph Biggs, chanted this phrase as they marched down the National Mall in Washington, D.C. However, in the past week, they have come to realize the consequences of their actions. Enrique Tarrio, the former chairman of the group, was sentenced to 22 years in prison for seditious conspiracy. While Tarrio was not present at the January 6 riot, having been expelled from Washington the day before, he was convicted in May. This is the longest sentence related to January 6 thus far, following a series of lengthy sentences announced last week for other Proud Boys members.
The convictions and severe sentences send a powerful message about the United States’ stance on such acts of violence. Juries have shown their willingness to convict, even for rare charges like seditious conspiracy, and have not shied away from imposing strong sentences. This demonstrates that the insurrection cannot be brushed off as a minor event that got out of hand, as some Republican officials have tried to portray it.
Political scientists refer to laws and their enforcement aimed at safeguarding democratic institutions from authoritarian threats as “defensive democracy.” The American laws against seditious conspiracy and advocating for the overthrow of the government exemplify this concept. As Michael Signer wrote in The Atlantic, they serve as a crucial defense against such threats.
The sentences handed down to the Proud Boys leaders are significant, signaling the nation’s intolerance for their actions. Despite falling short of federal guidelines and prosecutors’ requests, these sentences are far from a slap on the wrist. The conspiracy may have been ill-advised and doomed to fail, but it was still dangerous and appalling. The fact that Judge Timothy Kelly deemed their actions as terrorism, even while imposing sentences below the guidelines, further underscores the severity of their offenses. The defendants’ protests do not change this reality.
Although it is premature to gauge the deterrent effect of these sentences and the terrorism designation, it is clear that they will impact the groups directly. The Proud Boys have shifted their efforts to grassroots involvement in local government since January 6. However, their top leadership being incarcerated may pose a significant challenge. Similarly, the Oath Keepers, with Stewart Rhodes at the helm, may face even greater difficulties.
While these developments indicate the strength of American defensive democracy, they are not the final answer. The trials related to the “paperwork coup”—attempts to subvert the 2020 election through extralegal means—are still pending. The recent indictments in Fulton County, Georgia, demonstrate the interconnectedness of these efforts and the threat they posed to the integrity of the election system. The question remains whether juries and judges will recognize this peril or dismiss it as mere bureaucratic bungling.
Moreover, the question of Trump’s accountability remains unanswered. While Proud Boys leaders and rank-and-file rioters face consequences for their involvement, the justice system has yet to prove whether it can adequately hold the man who allegedly orchestrated much of this. Trump himself now faces charges in Washington and Fulton County related to the election plot. However, as these cases slowly progress, Trump remains a strong contender for the 2024 Republican presidential nomination—a reminder that the best way to address the danger he poses to the American system is through the ballot box, thereby empowering democracy.
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