#033 | Proud Boys' Enrique Tarrio Sentenced to 22 Years: A Landmark Decision or Judicial Overreach?

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This week’s stories:

• Justice or Overreach? Enrique Tarrio Sentenced to 22 Years for Role in Jan. 6 Capitol Riot

• The Biden Administration Faces Accusations of Obstructing a Hunter Biden Tax Investigation

• Biden's Border Strategy: GPS-Tracking Migrants and Expanding the FERM Program

• Blinken's Billion-Dollar Ukraine Pledge Overshadowed by Russian Aggression

• Did Elon Musk Thwarted a Ukrainian Submarine Drone Attack?

• Liberty Safe Faces Conservative Backlash for "Aiding and Abetting" FBI in Capitol Riot Arrest

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Justice or Overreach? Enrique Tarrio Sentenced to 22 Years for Role in Jan. 6 Capitol Riot

Enrique Tarrio, the 39-year-old former national chairman of the Proud Boys, has been sentenced to 22 years in federal prison for his role in the Jan. 6 Capitol riot. The term handed down by Judge Timothy Kelly marks the stiffest penalty yet in the Jan. 6 cases.

The Charges: Seditious Conspiracy, but No Sighting

In May, a Washington, DC jury convicted Tarrio of seditious conspiracy. That's a charge tied to obstructing the transfer of power following the 2020 presidential election in a bid to keep Trump president. However, Tarrio wasn't in DC, he was in Baltimore on the day of the riot. According to court filings, Tarrio had been arrested two days earlier for burning a Black Lives Matter flag and carrying two large-capacity magazines and barred from entering the city.

The Plea: A Request for Leniency Met with Skepticism

Dressed in orange jail garb, Tarrio was remorseful when addressing the court. Calling the Jan. 6 events a "national embarrassment," he pleaded for mercy and insisted that his political career was a thing of the past. Judge Kelly remained skeptical of Tarrio's newfound remorse despite his appeals for leniency and teary-eyed demeanor.

The Prosecution: The Harsh Call for Deterrence

DC federal prosecutor Conor Mulroe wanted to make an example of Tarrio. Advocating for a 33-year sentence, he argued that a severe penalty was vital to deter future attempts at “insurrection.” His comments were less about Tarrio and more about sending a message for future elections—2024, 2028, 2032, you get the gist.

The Defense: An Appeal in the Offing

Tarrio's attorney, Nayib Hassan, announced plans to appeal both the conviction and the sentence. The defense had earlier tried to portray the Proud Boys as a disorganized, decentralized group—a drinking club that got out of hand.

Co-Conspirators: The Broader Context

On the same week, Ethan Nordean, another Proud Boys leader, received an 18-year sentence. Their cases comprise over 1,100 people charged for involvement in the Capitol riot.

Most other defendants, including many who directly participated in the riot, have received much more modest sentences of a few months to a few years.

The Ultimate Question: Justice Served or Overreach?

While some view Tarrio's sentence merited, others question its severity, especially given that he wasn't physically present at the Capitol on Jan. 6.

"Today's sentencing demonstrates that those who attempted to undermine the workings of American democracy will be held criminally accountable," said FBI Director Christopher Wray. U.S. Attorney Matthew M. Graves said those who used "force against their own government to prevent the peaceful transfer of power have now been held accountable."

In other words, both Wray and Graves are satisfied that Tarrio had been held accountable even though he ended up with a sentence a decade less than the DOJ had advocated. Their goal was clearly to make an example of Tarrio and secure a maximum sentence for him and others, not a sentence long enough to hold them accountable for their crimes.

Attorney General Merrick B. Garland championed the outcome, saying it serves as a testament to the consequences of opposing a lawful transfer of presidential power.

Is Tarrio’s Sentence because of a “Trial Penalty?”

Tarrio refused a plea deal, and opting for a jury trial resulted in a "seditious conspiracy" conviction and a prison term that dwarfs those of other defendants who chose to plead guilty. The idea behind why this happens is known as the "trial penalty," which inflates sentences for those exercising their constitutional right to trial by jury, effectively punishing them for not settling with prosecutors. Critics argue that such sentences, inflamed by the trial penalty, can be excessive and disproportionate, ultimately eroding the bedrock principle of a fair trial. The situation raises the ethical question: Are we truly serving justice or weaponizing the judicial system to make examples out of individuals?

Whether you see this as justice served or judicial overreach, one thing is clear: With former President Trump’s upcoming Jan 6 trial, the political, social, and legal ramifications of that fateful day are far from over.

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News of the Week

The Biden Administration Faces Accusations of Obstructing a Hunter Biden Tax Investigation

House Oversight Committee Chairman James Comer fired off subpoenas to Homeland Security Secretary Alejandro Mayorkas and an assortment of Secret Service and DHS personnel. The goal? To get answers about the Secret Service's alleged "heads up" to Biden's team concerning a 2020 tax probe involving Hunter Biden.

Whistleblowers Shed Light on DOJ's Questionable Moves

Let's rewind a bit, shall we? Two IRS agents with pristine reputations blew the whistle back in June, pointing fingers at the Department of Justice. Their grievance? The DOJ played goalie, blocking an IRS inquiry into whether Hunter Biden paid taxes on millions earned from overseas businesses.

“Whistleblowers describe how the Biden Justice Department intervened and overstepped in a campaign to protect the son of Joe Biden by delaying, divulging, and denying an ongoing investigation into Hunter Biden’s alleged tax crimes,” said Jason Smith, R-Mo.

To make matters more interesting, ABC reported that Biden borrowed $2 million from his lawyer, Kevin Morris, to settle his tax debts. If Kevin Morris sounds familiar, he is the Hollywood attorney recently caught hitting a bong on his balcony while Hunter Biden was visiting. It’s nice to have a friend who can pay your tax bill out of the goodness of their heart.

The DOJ and Optics—A Love Story

Supervisory Special Agent Greg Shapely revealed that his team had considerable leads from Hunter Biden's Apple iCloud. These included a WhatsApp message with CEFC China Energy executive Henry Zhao that showed Hunter demanding money from Zhao, and asserted that his father was in the room.

Yet, Assistant U.S. Attorney Leslie Wolf blocked search warrants because she was concerned about the ‘optics’ of searching Joe Biden’s residence and allegedly tipped off Hunter Biden’s legal team ahead of a planned search of his storage unit. Wouldn’t want the president to look bad.

Merrick Garland Defends the Integrity of the DOJ

Attorney General Merrick Garland ardently rebutted the allegations. He labeled these claims as an attack on an American institution. But the Oversight Committee thinks otherwise. In Chairman Comer’s words, "DHS under the leadership of Secretary Mayorkas is complicit in the Biden family cover-up."

The Shaky Ground of Subpoenas and Contempt

Even though the subpoenas are out, let's not forget that Mayorkas and others could merely sidestep them. House rules state that refusal to comply could result in a fine and imprisonment. But remember Eric Holder? He was held in contempt over the "Fast and Furious" debacle, and it took seven years for that legal tango to settle.

The subpoenas arrive at a time when Republicans are ramping up their scrutiny of the Biden family and their alleged illicit activities. They argue that this behavior from the DOJ demonstrates a concerning level of politicization in federal agencies.

Comer says, “House Republicans will hold the Biden Administration accountable for running interference for the Biden family’s corruption and criminal activity.”

Related:

Special counsel David Weiss to indict Hunter Biden on gun charges by September 29. Hunter Biden's indictment comes after his original plea deal fell apart. Initially, he was to plead guilty to tax evasion and lying on a form about drug use when buying a gun.

Biden's Border Strategy: GPS-Tracking Migrants and Expanding the FERM Program

The Biden administration is reportedly in talks about implementing a new strategy to manage the surge of undocumented migrants crossing into the U.S. from the southern border. According to unnamed sources cited by The Los Angeles Times, the plan involves requiring these migrants to stay in Texas—or possibly other border states—while they undergo asylum evaluations.

Cutting Down on Illegal Immigration

Officials within the Biden administration view this strategy as necessary to control the influx of unauthorized migrants. The plan would include using GPS monitoring devices, such as ankle bracelets, to track the migrants' locations while they await the outcome of their asylum applications.

Asylum Screenings and Local Support

In addition to GPS tracking, migrants would have to go through a detailed asylum screening process to determine their eligibility to stay in the U.S. Discussions about working with local organizations to provide housing during this waiting period are ongoing.

Government Responses: DHS and Texas Officials

Fox News Digital has contacted the White House, Texas Governor Greg Abbott, and multiple immigration agencies. The Department of Homeland Security (DHS) confirmed its commitment to creating "safe and orderly pathways" for lawful migration. According to the agency, more than 200,000 people have been removed or returned since May.

Expansion of the FERM Program

The new plan would build upon the Family Expedited Removal Management (FERM) program. The FERM program already places some restrictions on migrants, such as curfews and GPS tracking. It targets those migrating to large U.S. cities like Baltimore, Washington D.C., and Chicago.

Texas-Federal Government Tensions Simmer

This proposed action comes against rising tensions between the state of Texas and the federal government. The most recent disagreement involves Governor Abbott's attempt to use floating buoys on the Rio Grande to deter migrants. A Texas judge recently ruled that these buoys must be removed by September 15th. But, on Thursday, the U.S. appeals court granted a temporary stay, allowing the state to maintain its floating buoy barriers in the Rio Grande.

Texas' Bussing Strategy: A Double-Edged Sword

Texas has transported migrants to self-proclaimed "sanctuary cities" such as Chicago, Philadelphia, New York, and Los Angeles. Governor Abbott asserts that these cities should share the burden of illegal immigration. However, this strategy has stretched resources in these cities, with Democratic mayors calling for more state and federal support. The Biden administration’s solution is to force Texas to carry the burden of its poor border policies.

Litigation and Resource Strain in Sanctuary Cities

Leaders in Los Angeles have recently voted to sue Governor Abbott over the bussing program, while New York Mayor Eric Adams calls for expedited work-permitting processes for migrants. The idea is to help migrants become self-sufficient rather than relying on local resources.

Blinken's Billion-Dollar Ukraine Pledge Overshadowed by Russian Aggression

Secretary of State Antony Blinken touched down in Kyiv this Wednesday for a high-stakes rendezvous with Ukrainian officials, supposedly to fortify America's wartime support for Ukraine's fight against Russia. The impromptu visit follows Zelensky’s announcement that there would be no Ukraine elections while the conflict continues. Zelensky did indicate a willingness to consider elections if the U.S. and Europe provide financial support. How much does Zelensky propose the U.S. taxpayer contribute? A cool $135 million.

Blinken's trip, however, lost its sheen almost immediately when a Russian attack on the eastern Ukrainian city of Kostiantynivka resulted in at least 16 deaths. Among the casualties was a child.

Zelensky's Plea to Defeat "Russian Evil"

Ukrainian President Volodymyr Zelensky quickly denounced the Russian assault, which targeted a marketplace, local stores, and a pharmacy. Zelensky responded with a call to action—"This Russian evil must be defeated as soon as possible."

U.S. Pledges More Than A Billion in Military Aid

During his two-day visit, Blinken unveiled a new U.S. aid package worth over $1 billion. But here's the question that needs answering: Will throwing more money at the problem actually solve anything?

U.S. Officials Criticize Slow Ukrainian Counteroffensive

Anonymous U.S. officials have told media outlets that Ukraine's pushback against Russian forces has been less than stellar, marred by poor tactics. This criticism has ruffled feathers among Ukrainian authorities, with Foreign Minister Dmytro Kuleba telling naysayers to "shut up."

But Blinken expressed undeterred and continuous support of the war in Ukraine. "We want to make sure Ukraine has what it needs, not only for the short term but for the long term," said Blinken, standing next to Kuleba during a joint appearance.

Kremlin spokesperson Dmitry Peskov stated that U.S. financial aid for Ukraine's military would not alter Russia's "special military operation" in the country.

Increasing Skepticism about U.S. Aid to Ukraine

While the U.S. government has extended over $43 billion in military aid to Ukraine since Russia's invasion last year, skepticism is mounting. Several Republican presidential hopefuls openly question America's largesse, fueling apprehensions that U.S. support might wane as the 2024 elections draw near.

Antony Blinken's Ukraine visit and the billion-dollar aid announcement were supposed to signal U.S. resolve. But with rising opposition to Ukraine aid within the U.S., and Russia's undeterred stance, it's high time Washington reevaluates its Ukraine strategy before it's too late.

Related:

The United States intends to provide Ukraine with depleted uranium anti-tank ammunition to support its counteroffensive against Russian forces. These rounds will equip the tanks the United States will supply to Ukraine in the upcoming autumn. The United States initially developed depleted uranium rounds during the Cold War for the purpose of defeating Soviet tanks.

Did Elon Musk Thwarted a Ukrainian Submarine Drone Attack?

Last year, Elon Musk made a move that possibly prevented a miniature version of "Pearl Harbor" near the Crimean coast. According to a new biography by Walter Isaacson, Musk deactivated his Starlink satellite internet service in the area to foil a Ukrainian drone submarine attack against a Russian naval fleet. Musk, however, refutes this claim.

A Nuclear Fear Stirs Action

Elon Musk, was reportedly motivated by concerns that Russia would resort to nuclear retaliation. These fears were not unfounded, as they originated from conversations Musk had with high-ranking Russian officials. This information comes courtesy of CNN, which gained early access to Isaacson's upcoming book.

The Fallout: Drones Stranded, Diplomacy Tangled

When the Ukrainian drones lost connectivity due to the Starlink shutdown, they washed ashore harmlessly. This led to Ukrainian authorities pleading with the SpaceX founder to reactivate his satellite internet constellation. The biography also claims Musk communicated with key figures such as U.S. national security adviser Jake Sullivan, Gen. Mark Milley, and Russia’s ambassador to the United States, effectively becoming a backchannel diplomat between Washington and Moscow.

The Ethical Quandary: Musk's Existential Dread

Musk had initially agreed to supply Starlink terminals to Ukraine after Russia had disrupted the nation's communication systems in its 2022 invasion. However, he later experienced "existential dread," contemplating how his technology was being weaponized, diverging from its original intent—to enable people to watch Netflix, go online for education, and foster peaceful activities.

Elon Musk Responds

Musk responded to these claims in a tweet, saying “The Starlink regions in question were not activated. SpaceX did not deactivate anything.” However, Musk did confirm that an emergency request was made by Ukraine “to activate Starlink all the way to Sevastopol. The obvious intent being to sink most of the Russian fleet at anchor.” He then expressed concern that this would result in SpaceX being complicit in a “major act of war and conflict escalation.”

Controversial Peace Solutions and Public Opinion

Last October, Musk suggested, via a poll on his newly acquired and rebranded Twitter platform—now known as X—that Ukraine should end the conflict by ceding Crimea to Russia and taking a neutral stance. This received applause from Russian officials but was met with disdain from Ukrainian President Volodymyr Zelensky, who countered with his own Twitter poll asking users if they preferred a pro-Russian Musk or a pro-Ukraine Musk.

Walter Isaacson’s highly-anticipated biography, "Elon Musk," will be released on September 12.

Liberty Safe Faces Conservative Backlash for "Aiding and Abetting" FBI in Capitol Riot Arrest

Liberty Safe, which touted itself as a sanctuary for Second Amendment enthusiasts, is in hot water for aiding the FBI's crackdown on an alleged Jan. 6, 2021, Capitol rioter. And the Second Amendment supporters are not having it.

Complying with Federal Warrants: Public Safety or Government Overreach?

Liberty Safe insists it was merely complying with federal law when it provided the FBI with an access code to Nathan Hughes' gun safe. The Arkansas man was arrested on Aug. 30 for his alleged role in the Capitol riots. Liberty Safe's justification? They followed "company protocol" of cooperating with law enforcement when presented with a valid warrant. But many call foul, saying that the manufacturer's compliance is dangerous between public safety and government overreach.

Social Media Erupts: Calls for a Bud Light-Style Boycott

Social media channels became flooded with calls for a Bud Light-style boycott of Liberty Safe. In case you missed it, Bud Light faced backlash due to its association with transgender influencer Dylan Mulvaney. Tweets and posts warn that Liberty Safe will give your safe code to the Feds just for being a Trump supporter. The sentiment? If you value your Second Amendment rights, steer clear of Liberty Safe.

Liberty Safe’s Damage Control: Too Little, Too Late?

Trying to douse the flames, Liberty Safe announced a policy change that allows customers to have their safe combination records "expunged." They also addressed their policy of when to cooperate with law enforcement only if they have a subpoena that directly compels Liberty Safe and if they still have the combination record. While many customers commend their policy change, some wonder: Is this just a Band-Aid on a bullet wound?