In early March, U.S. District Judge Colleen Kollar-Kotelly looked at 23-year-old Clifford Mackrell, a Jan. 6 defendant from Ohio, and as she sentenced him to 27 months in prison for his role in the 2021 U.S. Capitol attack, she read a statement warning about the fragility of democracy.
"We have an election coming," Kollar-Kotelly said. "Unless democracy is protected, it will be destroyed."
Kollar-Kotelly didn't raise her voice, but her words echoed off the floor-to-ceiling wooden walls in her courtroom.
Three years ago, Mackrell allegedly wrapped his arm around the neck of a U.S. Capitol Police officer and threw him to the ground. Judge Kollar-Kotelly mentioned "insurrection" 10 times during the proceedings. She also made reference to another election, noting the controversy after the Supreme Court's decision after the 2000 election between George W. Bush and Al Gore.
"Many people were very unhappy with (that ruling)," she said. "But there was a peaceful transfer of power. Nobody engaged in an insurrection."
No Insurrection Charges Yet for Jan. 6 Attackers
No individuals tied to the Jan. 6 attack have been charged with the federal crime of insurrection. However, statements from judges and witness testimonies are raising concerns about the upcoming 2024 election.
Judge's Warning
During the March sentencing hearing for Capitol riot defendant Jeffrey Sabol, Judge Rudolph Contreras expressed worries about the risk to democracy. Sabol had claimed he was acting as a "patriotic warrior" on Jan. 6, leading Contreras to speculate about potential future events related to the fall elections.
Pardons and Freedom
Former President Donald Trump's campaign promise to issue pardons and free Jan. 6 defendants if reelected has influenced arguments and witness statements in court hearings related to the Capitol attack.
Capitol Police Sgt. Testifies
Retired U.S. Capitol Police Sgt. Aquilino Gonell, who sustained injuries while defending the Capitol on Jan. 6, has been vocal in court proceedings. Gonell has referenced Trump's promises of pardons and described Jan. 6 defendants as "hostages."
Attacker, Not Victim
During a recent sentencing hearing, Gonell referred to the defendant as "an attacker, not a victim," emphasizing the seriousness of the actions taken during the Capitol riot.
During a recent hearing, Gonell emphasized that the defendant is not a political prisoner or a hostage, rejecting such characterizations. He expressed his frustration, stating, "If they're hostages, who are we, as police? Hostage takers?" Gonell conveyed to the judge that it's deeply troubling every time he hears the defendant being labeled as a "hostage."
Former Washington, D.C., Metropolitan Police Officer Michael Fanone, who testified at a House Judiciary subcommittee hearing on March 7, also voiced concerns about threats to democracy leading up to the 2024 election. "We are a government of laws, not of men," Fanone emphasized during his testimony to Congress.
Fanone, a witness in various Jan. 6 criminal trials and hearings, expressed alarm over former President Trump's promises to pardon Jan. 6 defendants in his campaign speeches. He described Trump's rhetoric as dangerous, stating, "It's inciteful language. If he succeeds and holds office again, he is going to weaponize the Department of Justice and use it to go after people like myself."
Judges denounce 2020 conspiracy theories as "outright distortions and outright falsehoods"
Various judges have raised concerns about the persistent misinformation and conspiracy theories surrounding the events of 2020 and the Capitol siege.
"I have been dismayed to see outright distortions and outright falsehoods creep into the public consciousness," remarked Judge Royce Lamberth during the sentencing of Jan. 6 defendant James Little earlier this year. "I have been shocked to watch some public figures try to rewrite history."
Lamberth, who was appointed to the bench by President Reagan, then blasted the terminology used by Trump during the 2024 election cycle, which has been repeated by some of the Jan. 6 defendants and their supporters. Lamberth said, "To style himself as a political prisoner and to accuse the court of infringing on his rights is not only incorrect, it's offensive. The public should understand that such notions are preposterous."
Judges have also fear that election-year rhetoric championing Jan. 6 defendants could spark a new wave of threats against judges, court staff and witnesses.
Speaking to CNN last week, in a rare media interview by a sitting federal judge, District Judge Reggie Walton said threats against him and other judges have become significantly more frequent since Jan. 6. Walton said "it's very troubling" that judges and their families are being threatened.
"It's a new phenomenon," he said. "Threats used to be rare."
In the interview, Walton warned of the danger and chilling effect of possible physical attacks against judges.
"If we don't have a viable court system, then we have tyranny," he said.
Defense attorney says warnings are just "old-fashioned fear mongering"
The increasing warnings from judges and witnesses aren't going unnoticed by Jan. 6 defendants, their supporters or their attorneys.
"This kind of rhetoric is dangerous, unfair and unsupported by evidence," attorney Joe McBride, a New York defense attorney who has represented a number of Jan. 6 defendants, said of the judges' statements in an interview with CBS News. "It's good, old-fashioned fear mongering."
McBride emphasized that there has not been a "single instance of a Jan. 6 defendant returning to D.C. to cause harm."
"Such statements had more credibility in 2021," he stated. "But now, after three years of Jan. 6 prosecutions, where the government is nearly batting 100%...come on, man."
During a nightly vigil outside the Washington, D.C., jail in solidarity with Jan. 6 defendants, concerns were raised about recent public remarks made by judges. Mikki Witthoeft, whose daughter Ashli Babbitt was fatally shot while breaching the House speaker's lobby, criticized Judge Rudolph Contreras's comments on March 21. Witthoeft referenced Contreras's caution regarding the potential for future incitement of Trump supporters and told those present at the vigil, "In the Jan. 6 cases, if you've been accused, it's a wrap — Donald Trump included."
Catherine Ross, a law professor at George Washington University, expressed to CBS News, "We must heed Judge Walton's warning seriously — other judges presiding over Trump-related cases, their staff, and even families have faced threats either directly or indirectly."
"The judiciary branch holds the responsibility of upholding the rule of law and ensuring justice is served, both of which are at risk when democracy is vulnerable and under siege," Ross remarked.
In the midst of a courthouse where Trump was supposed to face trial, federal judges continue to make references to the former president. Trump's criminal trial for conspiracy to overturn the 2020 election results has been indefinitely delayed by a Supreme Court review of his defense claims of presidential immunity. Originally set to commence on March 4, the trial has been postponed pending the Supreme Court's decision on his immunity claim.
Meanwhile, the legal proceedings for the rioters involved in the Capitol insurrection are ongoing. The Justice Department has charged over 1,069 defendants since the events of January 6, with approximately 561 cases already resolved and sentenced for criminal activities on that day. During a sentencing hearing in March for one of the January 6 cases, Judge Contreras echoed the sentiments expressed by many of his judicial counterparts regarding Trump's role in the events. Contreras stated, "The events of Jan. 6 involved a real unprecedented confluence of events spurred by then-President Trump and a number of his prominent allies who bear much responsibility for what occurred on that day."
