Citing the nation’s dangerous political climate and other factors, a prosecutor has urged a federal court not to give in to U.S. Capitol riot protester Richard “Bigo” Barnett‘s plea for release from prison pending an appeal.
Barnett, 64, of Gravette became notorious for a picture showing him with one foot propped on a desk in then-House Speaker Nancy Pelosi‘s office during the Jan. 6, 2021, riot seeking to overturn the presidential election of Joe Biden over Donald Trump.
In a filing Monday in U.S. District Court in Washington, D.C., Assistant U.S. Attorney Nathaniel K. Whitesel wrote that Barnett should remain imprisoned despite the question of whether a recent U.S. Supreme Court ruling will ultimately nullify one of the eight charges of which Barnett was convicted.
Whitesel wrote that “Barnett has not demonstrated that it is ‘likely’ he would be resentenced to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.”
“Moreover, Barnett fails to demonstrate by clear and convincing evidence that he is unlikely to flee or pose a danger to the safety of any other person or the
community if released,” Whitesel wrote.
Whitesel’s filing came after the attempted assassination of Trump during a Saturday rally in Pennsylvania, and amid heated, sometimes dangerous rhetoric on both sides of the political spectrum.
Whitesel warned of dangers should Barnett be released early, especially in the nation’s tumultuous political climate.
“He brought a weapon, breached the Capitol, and afterwards basked in the
glory he felt his actions gained him,” the prosecutor wrote. “Against these facts, Barnett cannot show that he is not a danger to the community. Given his conduct on January 6, 2021, rhetoric, and behavior throughout the criminal justice process, Barnett cannot show that now, as we are immersed another hotly contested presidential election year, he would not encourage and engage in such conduct again.
“The current political climate speaks volumes about the developed frailty that now attends the Court’s assessment at sentencing that Barnett did not pose a risk of flight or danger for the purposes of self-surrender,” Whitesel added. “As the Court acknowledged, Barnett is primed to “answer . . . the next call[.]”
Barnett was sentenced to 4.5 years in prison and three years of supervised release on May 24, 2023, after being convicted of eight charges. Barnett was not accused of violence, but prosecutors said he carried a high-voltage stun gun attached to a walking staff into the Capitol.
The charges against Barnett included obstruction of an official government proceeding; interfering with a police officer during a civil disorder; entering and remaining in a restricted building or grounds with a dangerous or deadly weapon; and disorderly and disruptive conduct in a restricted building or grounds with a dangerous weapon.
All of those charges are felonies. The obstruction charge is the one that ultimately could get overturned. Even if that happens, Barnett would still face the same concurrent sentence on three other felonies.
Jurors also found Barnett guilty of entering and remaining in certain rooms in a Capitol building; disorderly conduct in a Capitol building; theft of government property; and parading or demonstrating in a Capitol building.