Supreme court rulings related to Jan 6: An “opportunity” for notoriety and sympathy for defendants

Recent US Supreme Court opinions could normalize attitudes toward the January 6th Capitol riot. In one decision last month, justices ruled against prosecutors’ use of a federal obstruction law to charge hundreds of Jan. 6 related cases. And just a week ago, the Court favored granting former presidents absolute immunity from prosecution for official acts, potentially absolving Donald Trump in his attempt to overturn the 2020 election. With Trump’s presidential bid gaining momentum and attitudes towards the Capitol attack softening, particularly among Republicans, experts are seeing a shift in public opinion from condemnation to acceptance of Jan. 6.

ISD Senior Research Analyst Jared Holt spoke to the Tampa Bay Times about these shifting attitudes: “With that shift some of the defendants in these Jan. 6-related cases, I think, have sensed a type of opportunity to achieve some level of notoriety or sympathy.”

The Tampa Bay Times spoke to Florida defendant Adam Johnson, known for being photographed holding the US House Lectern in the Capitol and later apologizing to a judge for a being a part of the riot. Two years later, he wrote on X/Twitter, “I’ve felt more guilt about leaving the toilet seat up at the airport than I do about J6.” Johnson told the newspaper recently that his online posts are meant to be sarcastic. However, he also expressed that defendants like him have been treated too harshly.

“I’m not asking for special treatment,” he said to the outlet. “I’m asking for fair treatment.”