Justin McAuliffe will serve 60 days of house arrest and 36 months of probation for entering the United States Capitol during the Jan. 6 riot.
WASHINGTON — A New York CPA will serve three years of probation for his role in the Capitol riot after his attorney told a federal judge Jan. 6 that it became a “redemptive story” for him.
Justin McAuliffe of Long Island appeared before U.S. District Judge Royce Lamberth on Friday afternoon to hear whether he would be serving time behind bars for entering the U.S. Capitol building as part of a pro- Trump. The Justice Department asked Lamberth to sentence McAuliffe to a split sentence of 14 days in jail and three years probation.
Lamberth, who presided over the first-ever sentencing in a Capitol riot case — that of Anna Morgan-Lloyd, of Indiana — said he thinks the public perceives judges to be too lenient in cases capitol riot misdemeanor.
“And I don’t disagree with the public,” he added.
But Lamberth was won over by the picture attorney Richard D. Collins painted of his client: a picture of a man who had lost his job and nearly his family because of his role in the riot. Collins said McAuliffe, unlike other defendants who have appeared before judges with “crocodile tears,” had spent the last year sincerely reflecting on the decisions that landed him on Capitol Hill.
In his sentencing note, Collins laid out a series of minor misfortunes that had befallen McAullife. He had been banned from Airbnb and driving for Lyft, Collins said, and lost his enrollment in the TSA’s preclearance program. But in court, Collins focused on McAuliffe’s job of reconciling with his wife – who filed for separation after the riot – and rebuilding trust with his CPA clients. Collins added that McAuliffe would star as “Mr. Mom” for the rest of the school year until he and his children reconnect with his wife, who has moved to Arizona for a job.
“Judge, this is ultimately a story of redemption,” Collins said.
Lamberth – who insisted on telling McAuliffe that probation “just happens once in a lifetime” in his courtroom – was convinced to sentence McAullife to 60 days house arrest and 36 months probation. McAullife will be subject to social media restrictions during this time and must pay $500 in restitution to the architect of the Capitol.
Because of his federal misdemeanor conviction, Collins said McAuliffe could still face a challenge to his CPA license in New York State.
As of Friday, more than 200 defendants pleaded guilty to charges related to the Jan. 6 assault on the U.S. Capitol. These cases include at least 20 criminal defendants, including former US Army soldier Nicholas Languerand, who was sentenced to more than 3 years in prison on Wednesday.
We are tracking all arrests, charges and investigations related to the January 6 assault on the Capitol. Subscribe to our Capitol Breach Information Bulletin here to never miss an update.
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