Eliana Willis

A Marine who stormed the US Capitol and apparently flashed a Nazi salute in front of the building was sentenced on Friday to nearly five years in prison.Tyler Bradley Dykes, of South Carolina, was an active-duty US marine when he grabbed a police riot shield from the hands of two police officers and used it to push his way through police lines during the attack by a mob of Donald Trump’s supporters on 6 January 2021.Dykes, who pleaded guilty in April to assault charges, was previously convicted of a crime stemming from the 2017 white nationalist Unite the Right rally in Charlottesville, Virginia. Dykes was transferred to federal custody in 2023 after he served a six-month sentence in a state prison.US district judge Beryl Howell sentenced Dykes, 26, to four years and nine months of imprisonment, the justice department said.Federal prosecutors had recommended a prison sentence of five years and three months for Dykes.“He directly contributed to some of the most extreme violence on the Capitol’s east front,” prosecutors wrote.Dykes’ attorneys requested a two-year prison sentence. They said Dykes knows his actions on January 6 were “illegal, indefensible and intolerable”.During the sentencing hearing, Dykes said that he still stood with Trump and that he supports him “to be the next president of our country”.“Tyler hates his involvement in the Capitol riot,” his lawyers wrote. “He takes complete responsibility for his actions. Tyler apologizes for those actions.”Dykes, then 22, traveled to Washington to attend the Republican Trump’s “Stop the Steal” rally with two friends from his hometown of Bluffton, South Carolina. After parting ways with his friends, Dykes ripped snow fencing out of the ground and pulled aside bicycle rack barricades as he approached the Capitol.Later, Dykes joined other rioters in breaking through a line of police officers who were defending the stairs leading to the Capitol’s East Rotunda doors.“After reaching the top of the stairs, Dykes celebrated his accomplishment, performing what appears to be the ‘Sieg Heil’ salute,” prosecutors wrote.After stealing the riot shield from the two officers, Dykes entered the Capitol and held it in one hand while he raised his other hand in celebration. He also used the shield to assault police officers inside the building, forcing them to retreat down a hallway, prosecutors said.Dykes gave the shield to an officer after he left the Capitol.Dykes denied that he performed a Nazi salute on 6 January, but prosecutors say his open-handed gesture was captured on video.In August 2017, photos captured Dykes joining tiki torch-toting white supremacists on a march through the University of Virginia’s campus on the eve of the Unite the Right rally. A photo shows him extending his right arm in a Nazi salute and carrying a lit torch in his left hand.In March 2023, Dykes was arrested on charges related to the march. He pleaded guilty to a felony charge of burning an object with intent to intimidate.Dykes briefly attended Cornell University in the fall of 2017 before he joined the US Marine Corps. In May 2023, he was discharged from the military under “other than honorable” conditions.“Rather than honor his oath to protect and defend the constitution, Dykes’s criminal activity on January 6 shows he was instead choosing to violate it,” prosecutors wrote.More than 1,400 people have been charged with federal crimes related to the Capitol riot.More than 900 of them have been sentenced, with roughly two-thirds receiving terms of imprisonment ranging from a few days to 22 years. More

US prosecutors are “beginning to offer retooled plea deals” and drop charges in cases related to the January 6 attack on Congress, CNN said, citing legal filings in the weeks since the rightwing-dominated US supreme court narrowed how prosecutors can charge rioters with obstructing an official proceeding.The report noted a Monday filing concerning five members of the far-right Proud Boys group, which said each defendant had been offered a plea deal not including the obstruction charge.Should the deal be declined, CNN said, the obstruction charge would be dropped and the men taken to trial on other charges.A rioter famously seen carrying a Confederate battle flag through Congress is also among prisoners or defendants whose cases are being reassessed.On 6 January 2021, Kevin Seefried, from Laurel, Delaware, was part of the mob that stormed the Capitol at the urging of Donald Trump, seeking to stop certification of Joe Biden’s 2020 election win.A famous picture showed Seefried underneath portraits of the senator and vice-president John Calhoun, a champion of secession in the early 19th century, and Senator Charles Sumner, a leading voice for union and the abolition of slavery in the civil war years.In February this year, Seefried wept as he was sentenced to nearly three years in prison for obstruction of an official proceeding, as well as misdemeanour charges.But he was soon released to await a decision in Fischer v United States, a supreme court case concerning the obstruction charge.In late June, the court’s decision narrowed the grounds on which the charge could be used in January 6 cases.According to the chief justice, John Roberts, the obstruction charge should be applied to whether a “defendant impaired the availability or integrity for use in an official proceeding of [actual] records, documents, objects, or … other things used in the proceeding, or attempted to do so”.The opinion was sent to an appeals court for further consideration. Prosecutors were left to work out how to link the obstruction charge to threats to actual records, in particular the electoral college certificates used to formalise results, rather than to the general attempt to overturn an election.The supreme court decision prompted outrage among court observers.Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, or Crew, said Roberts and the other five justices who ruled in the majority had helped “insurrectionists dodge accountability”, adding: “If attempting to block the certification of the 2020 election isn’t obstructing an official proceeding in the court’s eyes, then what is?”The US attorney general, Merrick Garland, was also disappointed, saying the court had “limit[ed] an important federal statute that the [justice] department has sought to use to ensure that those most responsible for that attack face appropriate consequences”.Nonetheless, Garland said, “the vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the department charged a January 6 defendant only with the offense at issue in Fischer.”Though the department would “comply with the court’s ruling”, Garland said, it would “continue to use all available tools to hold accountable those criminally responsible for the January 6 attack on our democracy”.Earlier this month, the US justice department released statistics showing how January 6 cases would be affected by the supreme court ruling.More than 1,472 people had been charged in relation to the attack on Congress by the time the court said it would consider Fischer, it said. Of those people, “roughly 259 … were charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so”.Of those 259 defendants, Seefried and 132 others had been sentenced. Of those 133, the department said, 76 were convicted of obstruction and other felonies while “approximately 17” were convicted on the obstruction charge but no other felonies and were then still serving prison time.“Nearly all” the other 126 defendants were on pre-trial release, the justice department said.The department said it would review “individual cases against the standards articulated in Fischer, as well as the anticipated ongoing proceedings related to Fischer in the DC circuit, to determine whether the government will proceed with the charge”.The department also noted the wide range of other charges against January 6 rioters, many concerning violent conduct.“Approximately 531 defendants have been charged with assaulting, resisting, or impeding officers or employees,” it said, “including approximately 157 individuals who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.”Fourteen convictions have been secured for seditious conspiracy, the most serious charge arising from the Capitol attack.Running for president again, Trump leads Biden in most polling.He has promised pardons to those imprisoned over January 6. 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Walking out to a standing ovation, Peter Navarro, the former Trump official, delivered a speech of personal grievances at the Republican national convention on Wednesday, hours after he was released from federal prison following his conviction on contempt of Congress charges for obstructing the January 6 committee investigation.The former Trump White House adviser tried – as he has done previously – to portray his criminal case as an egregious overreach of prosecutorial power, taking a page from Trump’s own playbook to claim he was a martyr taking hits on behalf of voters.“If they can come for me, if they can come for Donald Trump, they can come for you,” Navarro said. “If we don’t control our government, their government will control us.”“I went to prison so you don’t have to,” Navarro later added.Navarro, 75, was found guilty last September on two counts of contempt of Congress after he refused to produce documents and testimony in the congressional investigation into the 2021 Capitol attack, claiming executive privilege protections meant he did not have to cooperate.The committee took a special interest in Navarro because of his proximity to Trump and his involvement in a series of efforts to overturn the results of the 2020 election, including to have members of Congress throw out the results in a plot he named “the Green Bay Sweep”.But Navarro’s subpoena defiance prompted a criminal referral to the US attorney’s office for the District of Columbia, which brought the charges and ultimately asked for six months in jail because he brazenly ignored the subpoena even after being told executive privilege would not apply.“He cloaked his bad-faith strategy of defiance and contempt behind baseless, unfounded invocations of executive privilege and immunity that could not and would never apply to his situation,” prosecutors wrote of Navarro in their sentencing memorandum.At trial, Navarro’s lawyers offered evidence that Trump had asserted executive privilege over a subpoena issued by a different congressional committee examining the Trump administration’s handling of the Covid pandemic. But there was no such explicit letter for the January 6 subpoena.The reality of the charges did not dissuade Navarro from offering a sanitized version of the story, for which he received thunderous applause from the crowd at the convention.skip past newsletter promotionafter newsletter promotion“Your favorite Democrat, Nancy Pelosi, created your favorite committee, the sham Jan 6 committee, which demanded that I violate executive privilege,” Navarro said as the crowd booed. “What did I do? I refused.”“The January 6 committee demanded that I betray Donald John Trump to save my own skin. I refused,” Navarro continued. “And the Democratic majority in the House then voted to hold me in contempt.”At the end of his remarks, Navarro brought out his fiance, who appeared in a red Maga hat, and abruptly jumped into a kiss – before continuing his remarks assailing the justice department for causing his separation from his family: “On election day, the American people will hold these lawfare jackals accountable.” More