Trump Supporter Sentenced to Over 3 Years in Prison for Jan. 6 Assault

On Wednesday, a Donald Trump supporter, Michael Joseph Foy, was sentenced to more than three years in federal prison for assaulting law enforcement officers with a hockey stick during the January 6 attack on the U.S. Capitol. Foy, who was initially held in pretrial detention after being arrested in January 2021, was found guilty of felony charges in June. The assault took place at the lower west tunnel of the Capitol. Federal prosecutors had sought more than eight years in federal prison for Foy, citing his use of a hockey stick and a sharpened metal pole to attack officers after arriving in Washington with a "TRUMP 2020" flag.

Judge's Ruling

U.S. District Court Judge Tanya Chutkan, who is overseeing former President Trump's federal trial, deemed the Justice Department's request for over eight years in prison as "unreasonable." She took into account Foy's prior military service and other factors in his life leading up to the January 6 attack. Ultimately, Chutkan handed down a sentence of 40 months, adding an additional two years and a few months to Foy's time in federal prison.

Foy's Background

According to the FBI, Foy had previously engaged in disruptive behavior at the TCF Center in Detroit following the 2020 election, where he and other Trump supporters harassed poll workers and attempted to stop the counting of absentee ballots. His attorney revealed that Foy's mother and stepfather, both fervent Trump supporters, also believed in the former president's election lies, which influenced Foy's susceptibility to misinformation.

Defense Argument

Elizabeth Mullin, one of Foy's federal public defenders, argued that imposing a lengthy sentence on Foy would not effectively deter future rioters from responding to false claims and heated rhetoric from political figures. She emphasized that punishing a single January 6 rioter would not have a substantial deterrent effect while prominent individuals, including the presumptive Republican nominee for president, continue to perpetuate lies about the 2020 election.

Judge's Response

Judge Chutkan refrained from discussing the former president's culpability for the Capitol attack but expressed disagreement with the defense's claim that Foy had only intended to use the hockey stick as a flagpole. She emphasized that Foy ultimately used the hockey stick as a weapon during the Capitol altercation. Chutkan also acknowledged Foy's fall into what his attorney described as "dire propaganda" from the former president, and commended him for seeking mental health assistance following his arrest.

Judge's Statement

Chutkan emphasized that Foy had the right to peacefully protest and hold his own beliefs about the 2020 election. However, she expressed hope that Foy had realized that he had embraced false beliefs based on misinformation. She reiterated that Foy was not being punished for his beliefs but for his actions on January 6. Chutkan underscored the gravity of the events on that day, describing them as "terrifying," and stressed the importance of imposing significant consequences to prevent similar actions in the future.

Based on the video evidence presented during the hearing, Chutkan remarked that many individuals who had not previously engaged in violence resorted to such actions on January 6. She concluded by affirming the necessity of deterrence to prevent future instances where individuals act on lies propagated by political candidates.