During an appearance on MSNBC on Tuesday, Andrew Weissmann, the former lead prosecutor on Robert Mueller’s special counsel team, warned that if the leaders of the Proud Boys and Oath Keepers are receiving sentences of 15 to 22 years in prison, then the mastermind behind the conspiracy is likely to face a similar fate.
In the wake of the 22-year prison sentence handed down to former Proud Boys leader Enrique Tarrio, Weissmann acknowledged the severity of the sentence but clarified that it was for a former leader of the militia group. He stressed that not being physically present at the Capitol on January 6th was not a barrier to conviction in Tarrio’s case.
Speaking with MSNBC’s Lawrence O’Donnell, Weissmann posed a hypothetical scenario involving Donald Trump as a client. He emphasized that Trump, as the central figure around whom the events of January 6th revolved, could face significant pressure from judges who have seen numerous individuals rightfully incarcerated for their involvement in the events of that day. He argued that it would be inconceivable for Trump not to receive a sentence at least as lengthy as those imposed on leaders of the Oath Keepers and Proud Boys, given the requirements of the law.
“Now, imagine having a conversation with your client, Donald Trump,” Weissmann said. “That’s somebody who is the leader, for whom all of this was taking place. Who was also not personally present at the Capitol, although he wanted to be at the Capitol. And I think that the pressure that the judges will feel, who have seen so many people go to jail, rightly for their participation on Jan. 6th, the idea that Donald Trump wouldn’t do at least as much time as the leaders of the Oath Keepers and the Proud Boys, to me, seems unimaginable. Because that’s what the law would require.”
Furthermore, Weissmann suggested that this serves as an indication of what may await Trump if he is convicted, while also emphasizing the presumption of innocence at this stage.
“He is presumed innocent at this point,” he reminded viewers. “The government has to prove a case beyond a reasonable doubt to a unanimous jury. But the judge has scheduled this for March. Signs are this will go, and in terms of those people who think that it is unlikely Judge [Tanya] Chutkan would send Donald Trump to jail. I think this is a real sign that that is not the case. I find it very unlikely that Judge Chutkan will not view this as required by the rule of law, that somebody and Donald Trump’s position, regardless of political party, regardless of politics, would need to be sentenced to at least as much time.”
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