Judge Moss Acknowledges Impactful Letter in Jan. 6th Case

Last week, Judge Randolph Moss presided over a packed courtroom, where he was confronted with a powerful plea for leniency. Cassandra Buteau, a young woman clutching a letter, stood at the podium as Moss listened intently.

Buteau's letter, which she submitted to the court, aimed to advocate for her parents, Jamie and Jennifer Buteau, who are facing charges related to the events of Jan. 6th. In her letter, Buteau highlighted the alarming dangers associated with the upcoming 2024 presidential election cycle.

A comprehensive analysis conducted by CBS News, examining various Jan. 6th criminal cases, including the federal prosecution of former President Donald Trump, reveals an escalating series of concerns expressed in courtrooms regarding the potential for violence, conspiracy theories, and election denialism during the upcoming campaign cycle.

These concerns have been raised by both judges and prosecutors. During the sentencing of Jamie and Jennifer Buteau on November 20th, it was their daughter's letter that particularly emphasized the risks associated with falling into "conspiracy theory rabbit holes." 

According to a letter written by Buteau, her parents were not involved in politics until the arrival of Trump. She stated that they were constantly exposed to lies and misinformation.

Buteau wrote, "The biggest lie was the election. A loss that many Trump fans could not accept, in part due to the persistent, outrageous lies told by so many people in positions of power. From sitting Congress members, to hosts of the highest rated cable TV channel in the country, to the very person they trusted most, the same man currently on pace to be the Republican nominee again in 2024."

During the sentencing of Buteau's parents, who both pleaded guilty, Moss echoed the concerns about the ongoing dangers of conspiracy theories. The left side of the courtroom was filled with over a dozen family members, coworkers, and friends of the Buteau family, some of whom mentioned that the Buteaus are no longer interested in politics. However, Moss emphasized the broader danger that lies ahead.

Moss stated, "I can't think of any event, other than the Civil War, that has driven people apart as much," referring to the Jan. 6 assault on the U.S. Capitol.

Other federal judges have been more specific about their warnings. Hours earlier on November 20th, during arguments over the gag order issued in Trump's 2020 election conspiracy criminal case in Washington, D.C., appeals court Judge Bradley Garcia pressed Trump's attorney about connections between Trump's social media posts and the risk of harassment and threats ahead of Trump's forthcoming trial date in March next year. 

"As this trial approaches, the atmosphere is going to be increasingly tense," Garcia said.

The appeals court has not yet ruled on whether to reimpose a gag order limiting Trump from making public statements targeting prosecutors, court staff or potential witnesses in his case. The Justice Department has said Trump's statements lead to harassment and threats, including one death threat against a federal judge.

The special counsel has argued Trump made a "threatening Truth Social post." The special counsel specified a post made "on August 4, the day after his arraignment in this case: 'IF YOU GO AFTER ME, I'M COMING AFTER YOU!'"

Trump's attorney has argued the former president has not made threatening statements. His attorney also argued, "The [court] had no business inserting itself into the Presidential election, just weeks before the Iowa caucuses. The First Amendment does not permit the district court to micromanage President Trump's core political speech."

Justice Department Warns of Ongoing Risk of Political Violence

Justice Department prosecutors have also emphasized the ongoing risk of political violence and a resurfacing of the instability and anger that existed in the months before Jan. 6, 2021. In a sentencing memo filed last month in the Capitol riot case of former Trump political appointee Federico Klein, prosecutors argued, "The passions that ignited the January 6 riot have not cooled since then," adding that "an upward variance would also support the need for 'adequate deterrence.'"

Months earlier, in a lengthy court filing in the seditious conspiracy case against a group of convicted Jan. 6 Oath Keepers defendants, prosecutors cited a recent poll by the University of California, Davis. The filing said, "One in five Americans believes political violence would be 'at least sometimes' justified, and one in 10 believes it would be justified if it meant the return of President Trump. Left unchecked, this impulse threatens our democracy. The defendants in this case sought to capitalize on this undercurrent in our society to change the result of a presidential election."

According to Representative Jamie Raskin, a Democrat from Maryland, it is concerning that judges are speaking out about the potential for violence. Raskin, who was involved in investigating the January 6th attack and efforts to overturn the 2020 election, expressed his concerns to CBS News. He stated that the courts are constantly dealing with violent threats towards their personnel and judges, which is a clear indication of a diminishing respect for the rule of law.

Thomas Zeitzoff, a researcher of political violence and political psychology at American University in Washington, D.C., also commented on the situation. He explained that there is a belief among some individuals that the "other side" is not just a political opponent, but an evil that poses a threat to the country. This perception increases the risk of political violence during the upcoming 2024 election cycle.

The Justice Department has argued that their prosecutions of the January 6th rioters serve as a deterrent against future insurrections and political violence. They have opened nearly 1,200 criminal cases against accused rioters and conspirators, with almost half of the defendants pleading guilty. Every defendant who has gone to trial by jury has been either partially or fully convicted of charges, with no acquittals.

However, despite these efforts, recent statements from prosecutors, judges, and public witnesses indicate that the prosecutions have not succeeded in calming the dangerous political atmosphere and rhetoric. With less than a year until the 2024 election, the risk of political violence remains high.

The Impact of Lies and Political Toxicity

Last week, in Judge Moss's court, the Buteaus' daughter became emotional as she delivered remarks. Her words shed light on the consequences of amplifying lies and political toxicity, particularly on an already angry, frustrated, and yes, overly gullible group of people.