“Jan. 6 was no ordinary violent riot,” District Judge Carl Nichols said Thursday. “It was something that interfered with the counting of election voters and interfered with the peaceful transition of power. The peaceful transition of power is what allows us to have a democracy.”
Prosecutors say Packer traveled from Virginia to attend the Jan. 6 pro-Trump rally and entered the Capitol just six minutes after the initial breach, despite seeing broken windows and rioters fighting police. He spent about 20 minutes walking through the Capitol, during which he witnessed repeated skirmishes with police.
The 75-day sentence is harsh compared to other rioters who pleaded guilty to the same misdemeanor charge and were not charged with violence. Packer’s lengthy criminal history contributed to that decision, Nichols said. The judge added that other defendants on January 6 he had given more lenient sentences were “not as close to, or certainly as aware of, the violence as Mr Packer”.
Nichols also said that because Packer “didn’t tell us” why he was wearing the anti-Semitic clothing, “we are led to conclude that there was an improper reason why he chose to wear such a truly offensive sweatshirt.”
Prosecutor Mona Furst said Packer “published his beliefs on his clothes that day” and that while he was “wearing that outfit with his beliefs on the back, [Packer] he attacked the very government that gave him the freedom to express those beliefs — no matter how repugnant they might be.”
Packer’s lawyer, Stephen Brennwald, agreed during the hearing that while there was “no question his shirt was offensive”, the clothing was a “free speech issue” and should not be considered as part of the sentence .
“If Mr. Packer had short hair, no beard and wore a Nike shirt, would he be viewed the same way?” Brenwald asked.
