Prison sought for Charleston SC lawyer charged in Jan. 6 riot

Federal prosecutors want a federal judge to give suspended Charleston-place law firm David Johnston 42 days in prison for his function in the Jan. 6 attack on the U.S. Capitol.

Johnston, 66, who life in Summerville, is slated to be sentenced Friday early morning in Washington before U.S. Decide Beryl Howell. He was arrested in May perhaps, and pleaded guilty in September to willfully parading, demonstrating and picketing in the Capitol building through the riot.

Congress satisfied that working day to certify Joe Biden the winner of the November 2020 presidential election.

Johnston’s attorney, Christopher Gramiccioni of Charleston, argued for 12 months probation in a 39-site memo, saying his consumer did not travel to Washington with any intent of participating in violence and although in the Capitol did not have interaction in any combating, steal souvenirs or destroy house.

Gramiccioni also noted Johnston is not a member of any extremist team and has a stable spouse and children daily life, a drug-totally free record and has, right up until now, under no circumstances experienced a criminal heritage.

But as a attorney, Johnston should really have recognised much better than to be portion of a mob that attacked the Capitol, prosecutors wrote in their sentencing memo searching for a brief stint for Johnston in prison.

“Johnston’s standing as a training attorney on Jan. 6 is a notably aggravating attribute of this situation,” prosecutors wrote. “Unlike other specialists, lawyers are rigorously taught about the worth of adhering to the rule of law. In their expert get the job done and continuing education and learning, they are usually reminded that the rule of law is an necessary part of a absolutely free and orderly modern society.

Fairly, prosecutors mentioned, Johnston “trashed” the regulation that day and prosecutors say he inspired Cadwick Clifton, his co-defendant, to “avoid coming under suspicion by legislation enforcement officials tasked with uncovering what transpired on Jan. 6.”

“Even more so than other rioters, (Johnston) should really have acknowledged greater than to engage in an of course illegal assault on the United States Capitol creating and democracy,” prosecutors wrote.

Clifton pleaded guilty in October to the very same prices as Johnston. He will be sentenced Jan. 13.

Following his arrest, Johnston was fired from the George Sink regulation organization and experienced his license suspended by the state Supreme Courtroom. He is the initially and only legal professional from South Carolina so significantly charged in link with the Capitol breach.

Johnston also labored for six a long time as a contractor for the U.S. Department of Protection in Baghdad, Iraq, serving as “a expert on security and existence assist contracts.”

Prosecutors stated in their memo that when it turned noticeable that legislation enforcement might be hunting for Johnston and Clifton, that Johnston “sent messages to his co-defendant, expressing worry that the governing administration would use facial recognition technologies to ‘try and make difficulty for persons,’” prosecutors wrote.

Prosecutors also said that “Johnston’s carry out on Jan. 6, like the scores of other defendants, took position in the context of a large and violent riot that relied on quantities to overwhelm legislation enforcement officers, breach the Capitol, and disrupt the proceedings.”

In whole, 19 South Carolinians have been billed with involvement in the Capitol riot. Eleven have pleaded guilty.

Gramiccioni’s memo to the decide involves statements from people today who know Johnston, together with the pastor of Scots Kirk Presbyterian Church in Summerville, who explained Johnston as a human being who cares for the sick, provides some others no cost authorized advice and assists folks with household repairs. The pastor’s name was not mentioned in the memo.

“Mr. Johnston stays deeply remorseful” and accepts obligation for his actions, the memo explained.