Judge Sentences 69-Year Old Woman to Prison Time for January 6th Offense
We can all feel safer now that a dangerous criminal will be spending time behind bars.
69-year old Pamela Hemphill was recently sentenced to two months in prison and three years of probation by a federal judge for her extremely minor role in the events of January 6th.
Hemphill agreed to a plea deal with prosecutors for one misdemeanor count of "demonstrating, parading or picketing in the U.S. Capitol building."
While she did enter the Capitol, Hemphill's defense was that she was a "citizen journalist" there to document the events without actively participating.
Her most egregious action was encouraging others to enter the building, although even prosecutors admitted that once former President Trump asked demonstrators to leave, she tried to prevent others from coming into the Capitol.
Hemphill has no previous criminal record and apologized profusely for her actions, saying that police "saved her life" and that she fully regretted everything she "said and did at the Capitol."
Hemphill's lawyer asked for home confinement given her age and medical history, but that apparently wasn't enough to assuage the judge.
Despite it being "tempting" to be "lenient in this kind of situation," the Judge claimed January 6th was more severe and "didn't equate to other demonstrations."
There are several ridiculous things about sentencing a 69-year old woman with no criminal record to prison time.
One of the most absurd elements to this story is that no one's accused her of violence or destruction. She's getting prison time for essentially standing in the Capitol and being present at the event.
The other is how lenient sentences have been for those who have actually committed acts of violence.
For example, two young lawyers famously firebombed a NYPD car during the George Floyd riots and pleaded guilty to charges of "conspiracy to commit arson and to make and possess an unregistered destructive device."
However due to an agreement with prosecutors, the pair will avoid the "terrorism enhancement" that could have led to significantly longer sentences, instead facing a maximum of two years in prison.
Notably, the federal probation department supported the decision by referencing their previously clean records: "This increase appears to over-represent the maliciousness of the defendants’ intentions in committing the offense, while also negating the defendants’ otherwise law-abiding lives free of prior criminal convictions."
So when it comes to a 69-year old woman with no record who did not commit acts of violence, the judge wasn't convinced to be lenient. But when two young lawyers firebomb a police car, their lack of convictions means they should be given the benefit of the doubt.
It's abundantly clear that the differing political motivations played a significant role here.
Hemphill was at the Capitol to protest for Donald Trump, while the two lawyers were in New York to protest for "social justice."
As such, the motivations of the "social justice" protestors should be taken into account, according to prosecutors. But Hemphill gets no such benefits.
While she's obviously likely to serve less time than the lawyers, it's absurd that she's been sentenced to any prison time at all.
"Social justice" means your possible sentence is reduced from 10 years to 2 years because the enhancement "over-represents the maliciousness" of their intentions. Supporting Donald Trump means any leniency is undeserved.
Prosecutorial hypocrisy is not new, but for Pamela Hemphill, it's costing her time in prison.