Retired Harvard law professor and constitutional scholar Alan Dershowitz on Wednesday decried the 41-month sentence meted out to Jan. 6 protester Jacob Chansley as "out of line" and treading "on the First Amendment."
Portrayed by federal prosecutors as the face of the protest that breached the U.S. Capitol, Chansley received one of the harshest sentences imposed for the incident. That came despite U.S. District Court Judge Royce Lamberth admitting the self-described "QAnon Shaman" — widely known for his shirtless appearance with painted face and horned fur headdress — had no record and committed no violence during the disturbance.
Lambert told Chansley, "You made yourself the epitome of the riot."
But Dershowitz indicated that should not have been a factor.
"To increase a sentence because one is the face of a demonstration or violence is to tread on the First Amendment," Dershowitz told Newsmax. "Being the face of something is protected and should not be a basis for increasing punishment.
"[Sentencing] has to be completely equal without regard to partisan issues," Dershowitz added noting many rioters from the summer of 2020 had light sentences or charges dropped. "This does seem out of line considering the sentences or lack of prosecution of those from the hard left."
Chansley pleaded guilty to one count of disrupting an official proceeding, a charge which carries a maximum of 20 years but sentencing guidelines call for anywhere from 41 to 51 months.
Lamberth imposed the same sentence last week on Scott Fairlamb, 44, of New Jersey for punching a police officer during the Jan. 6 protest.
Dershowitz wasn’t the only one to rebuke the sentence.
Jim Hanson, president of the Security Studies Group, called it an “obscene miscarriage for justice for partisan political purposes.”
"A single count of obstructing a proceeding of congress," he wrote on Twitter. "ZERO violence But 41 months."
Reporter and columnist Glenn Greenwald mocked those calling for “justice reform” — overwhelmingly Democrats, as hypocrites for seeking a harsh sentence for Chansley.
"The DOJ acknowledges Jacob Chansley, the Q Shaman, did not violently attack anyone on January 6,” he wrote on Twitter. "Despite that, he has been held in solitary confinement for 10 months, and was just sentenced to **3 1/2** years in prison. And the 'criminal justice reform' advocates will cheer."
Chansley’s attorney Albert Watkins did not immediately return a phone call and text message asking if he will appeal the sentence.
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