Ex-Proud Boys boss jailed for 22 years over Capitol riot

• Former Proud Boys chairman Henry "Enrique" Tarrio has been sentenced to 22 years in prison, the longest sentencing yet for defendants in the US Capitol riot case
• He was previously found guilty by a jury on six charges, including seditious conspiracy - which prohibits using force to hinder or delay the execution of any US law
• The defence had asked for 15 years maximum, mentioning, among other things, that Tarrio was not in Washington DC the day of the riots. Prosecutors sought 33 years
• Reading from a prepared statement, Tarrio told the court: "The citizens of [Washington] DC deserved better... What happened on January 6th was a national embarrassment... I was my own worst enemy... I had multiple opportunities to avoid this fate."
• US District Judge Timothy Kelly justified the sentencing, telling Tarrio that "what happened that day damaged an important American custom that helps support the rule of law and the Constitution"
• Tarrio's lawyers said they will appeal the 22 year sentence

With a 22-year sentence, Enrique Tarrio now has the longest sentence handed down for the Capitol riot.

Multiple sentences have been dished out for those involved in the events of 6 January.

Last week, three other Proud Boys members received sentences of between 15 and 18 years in prison.

And Stewart Rhodes, founder of the Oath Keepers, was sentenced to 18 years in prison in May.

Tarrio's lawyers are now speaking outside of the Washington DC courthouse and have told media they will "definitely appeal".

They say they won't comment on how the judge determined the 22 year sentence for the former Proud Boys leader.

Tarrio remained standing and silent as judge Timothy Kelly read out a 22 year prison sentence.

When court was adjourned, Tarrio waved to his family members and flashed a peace sign as he was led away.

Earlier, the judge acknowledged that Tarrio was not physically present at the Capitol riot, but said he still played a central role.

"The reality is, his not being present did serve some strategic purposes," Judge Kelly said.

He read social media posts Tarrio made during the riot telling people not to leave the Capitol and referred to his previous criminal history.

"Mr Tarrio has on many occasions before today, expressed no remorse for what happened that day," he said, noting the apologies Tarrio read out during today's hearing.

"In terms of him having expressed remorse or learned a lesson, all of these things weigh against concluding that he has learned a lesson and there is no need for deterrence."

But as to the prosecutor's request for a 33-year sentence, he says "I'm not going to go as high as the government here".

Sentences of that length have more typically been handed out in cases of terrorism in which the criminal planned "something like blowing up buildings" or "training to go on the battlefield to go and shoot at United States troops", said Judge Kelly.

In addition to the violence and destruction of 6 January, the judge says it was the attack on democracy itself that was most damaging.

"What happened that day damaged an important American custom that helps support the rule of law and the Constitution. That day broke our previously unbroken tradition of peacefully transferring power," says Judge Kelly, referring to the effort to stop Joe Biden from taking power after he won the election.

"That previously unbroken tradition is broken now. And it’s going to take time and effort to fix it.

"It’s kind of hard to put into words how important that peaceful transfer of power is.

"Our country was founded as an experiment in self-government by the people.

"But it cannot endure if the way we elect our leaders is threatened by force and violence."

The judge took a quick recess after Tarrio's statement and is now back to deliver a sentence.

Stay with us.

An emotional Tarrio continues apologising, reading from a prepared statement and appearing to get choked up every few moments.

He goes on, telling police and staff of US legislators that he is sorry for his actions.

"I had multiple opportunities to avoid this fate and my deepest regret is how others were affected," he says.

"I am not a political zealot. Inflicting harm or changing the results of the election was not my goal," he continues. "I didn’t think it was even possible to change the results of the election."

He also speaks about the struggle of being in solitary confinement during pre-trial detention.

"When I get home I want nothing to do with politics, groups, activism or rallies," he says.

Tarrio is now speaking to the courtroom.

"I am extremely ashamed and disappointed that they were caused grief and suffering," Tarrio tells the judge, moments after his family spoke.

"I will have to live with that shame for the rest of my life."

“The citizens of [Washington] DC deserved better. What happened on January 6th was a national embarrassment,” he continues.

He adds that Trump lost the election, and that he had doubts about the "stolen election" as early as December 2020 - one month after the election.

"I was my own worst enemy," he says. "My hubris convinced me that I was a victim and targeted unfairly."

Speaking about the Capitol Hill riot, Tarrio says: "I again chose not to be the voice of reason. I regret my words."

Earlier during today's sentencing, a judge criticised Tarrio for having referred to a convicted Proud Boys rioter as similar to one of America's Founding Fathers.

"There's no comparing anyone who was there, or myself, to George Washington or any of the Founding Fathers," he says.

"I respectfully ask your honour to see beyond the politics, beyond the media," Tarrio's mother tells the court.

She disputes descriptions of her son as anti-law enforcement, saying there are several members of law enforcement in their family.

"It surprises me to hear that he has no respect for law enforcement since in our family we have several officers of the law.

"He always been very respectful," she says.

Next up we will hear from Tarrio.

Court has resumed and we are now hearing from several family members.

"My brother is far from perfect but he is a good person who deserves a chance," Tarrio's sister says.

"The last year and a half that he has been away from us has been the worst of our lives."

She is visibly upset and cries during her statement.

His fiancée also spoke and asked the judge for a short sentence.

"Henry is a flawed man, as are we all, but he is not blind to it," she says.

Earlier, a statement from his aunt was read aloud in court. His mother is expected to speak next.

The defence team has now finished and the court is having a short break.

Next up we will be hearing from family members, and Enrique Tarrio himself.

We are now hearing from Tarrio's defence team. They have just asked for a sentence of 15 years – at the most.

They’re pointing out – again – that Tarrio was not in Washington on 6 January 2021.

“When he was ordered to stay away from Washington DC, he did exactly that,” says Nayib Hassan, one of Tarrio’s lawyers.

Hassan argues that his client should not be given a sentence longer than the 18 years given to Stewart Rhodes, the leader of the Oath Keepers militia.

Rhodes was also found guilty of seditious conspiracy – and was outside the Capitol during the riot.

The judge chimes in to ask if Tarrio compared the Proud Boys to America’s Founding Fathers.

Hassan admits that the comments weren’t appropriate. “He likes to talk trash,” he says of his client.

“He should keep George Washington out of it,” the judge quips.

Government prosecutors are making their case that Tarrio should be handed the longest Capitol riot-related sentence.

“Enrique Tarrio was the leader of this conspiracy,” says prosecutor Conor Mulroe, citing the injured officers from Capitol Hill that testified during trials for Proud Boy members.

“Every single one of them has their own scars now, every single one of them has their own story of how they served that day,” Mulroe says.

“They represent the best of American law enforcement - law enforcement that this defendant portrayed as the enemy of the people.”

Mulroe also mentions Tarrio’s previous crimes, including his involvement in a fraud conspiracy.

Most recently he spent nearly six months in jail for burning a Black Lives Matter flag during one of the Proud Boys rallies in December 2020.

“His leadership over the Proud Boys was about violence and manipulation,” Mulroe says.

“He is unique among his co-defendants in the extent of his toxic influence over others.”

Prosecutors added that the downward adjustments for other group members do not apply here.

Tarrio did not serve in the military, and has a criminal record.

"America, first! America, first!", chants Enrique Tarrio in this video clip from a Proud Boys rally in November 2020.

In this video, you can see him marching along with tens of thousands of Trump supporters in downtown Washington DC, protesting Joe Biden's win in the 2020 presidential election.

After an hour and a half, Judge Timothy Kelly and lawyers for both sides have worked through the sentencing guidelines.

By the judge's calculation the guidelines call for a sentence of somewhere between 324 to 405 months.

That is 27 to nearly 34 years.

Now we’re hearing from the prosecutors, who in court documents have asked for a sentence of 33 years in prison.

One of the significant sentencing factors today is what’s called a “terrorism adjustment”. Were the crimes designed to intimidate, influence or retaliate against the government?

This point prompts a strong push back from the defence team.

One of Tarrio’s lawyers, Sabino Jauregui says: “This is not some foreign national waging war against the government.

“My client thought he was saving this country, saving this republic.”

Jauregui calls Tarrio a “misguided patriot”.

“He was no terrorist,” he says.

But the judge isn’t buying it.

“I don’t think given what the jury found that there’s much wiggle room here,” he replies.

He agrees with prosecutors and rules the adjustment applies, even though he points out Tarrio’s actions don’t fall under the traditional definition of “terrorism” – blowing up a building or taking up arms against the government.

The point was hardly in doubt, but underscores the fact that Tarrio is staring at a very lengthy sentence.

US political analyst Calvin Dark says it's an "extremely significant" day because up until now, Trump supporters or Republicans had "tried to paint the January 6 legal issues as politically motivated or exaggerated".

"But as we see, more and more juries of American citizens and judges, some appointed by Trump, are passing out really harsh sentences," Dark tells the BBC.

"That then begs the question, what will the punishment be for Donald Trump if he is found guilty with his acts in connection with the January 6 insurrection?"

Dark says it's going to be interesting if Trump continues to not vocally support those sentenced for the US Capitol riot in public, and says "these people could be witnesses and give testimonies in his trial".