Many Capitol rioters have claimed that they’re being treated unfairly because of their conservative politics, compared with left-leaning rioters fighting against racial inequality, and have asked Trump-appointed federal judges to try them as if they were BLM protesters. But the judges rejected the comparison and told them they have to face justice as MAGA rioters.
On Tuesday, federal Judge Trevor McFadden became the second judge in two weeks to reject the comparisons, which are popular in right-wing circles, after his colleague in Washington, DC’s, federal court Carl Nichols made a similar ruling last week, CNN reports.
McFadden and Nichols, both appointed by Donald Trump, said “the US Capitol riot defendants’ arguments didn’t have enough evidence to show discrimination,” according to CNN.
Capitol rioter defendant David Lee Judd had asked McFadden to dig into Justice Department records about prosecution decisions in Portland and DC, claiming he was being treated unfairly compared to BLM protesters.
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As noted by CNN, “the Capitol rioters were overwhelmingly Trump supporters unhappy with the 2020 election result, while many of the left-leaning protesters in Portland were fighting against racial inequality and police brutality in the wake of George Floyd’s murder” and the judge had was quick to explain the difference.
McFadden refused Judd’s request on Tuesday, explaining that the Portland riots didn’t have the same severe consequences as the attempted coup on January 6.
“Although both Portland and January 6 rioters attacked federal buildings, the Portland defendants primarily attacked at night, meaning that they raged against a largely vacant courthouse,” McFadden wrote. “In contrast, the January 6 rioters attacked the Capitol in broad daylight. And many entered it. … Their actions endangered hundreds of federal officials in the Capitol complex. Members of Congress cowered under chairs while staffers blockaded themselves in offices, fearing physical attacks from the rioters.”
The Justice Department has also rejected these comparisons. Federal prosecutors have pointed out that many of the Capitol rioters bragged about their alleged crimes and posted photos online, while most of the rioters in Portland tried to obscure their identities by wearing masks and bandannas.
