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Capitol Rioter Says He Should Be Freed From Jail Since There Haven't Been Additional Insurrections

Capitol Rioter Says He Should Be Freed From Jail Since There Haven't Been Additional Insurrections
U.S. Justice Department

Like countless Capitol rioters, 24-year-old Robert Gieswein racked up several charges on January 6.

As an FBI affidavit outlined, Gieswein sprayed an "unknown substance" in the face of a Capitol police officer, threatened law enforcement officials with a baseball bat, climbed into the building through a broken window, and stormed the halls of the Capitol.

Nonetheless, Gieswein, who is currently sitting in jail for the crimes he committed on January 6, just asked to be released from jail because now he promises to not do something like that again.

Gieswein's puzzling request came to the internet's attention thanks to reporting from NBC 4 Washington's Scott MacFarlane, who posted screenshots of the court filing on Twitter.

Gieswein and his lawyer basically argued January 6 was just a phase.

"...recent history demonstrates that the unique circumstances at play on January 6 at the Capitol were integral to what happened that day, and that even those who are charged with violating law that day are not likely to try anything like it again."

The court filing also suggested Gieswein should be trusted with freedom because other insurrectionists have been well-behaved.

"There has been no repeat of January 6, or anything like it."
"While the assessment of future conduct mandates individualized study, the contextual circumstances of January 6 are shared, and as such, the conduct of other defendants who have been at liberty should inform the forecast for Mr. Gieswein, too."

People who saw Gieswien's argument could barely believe their eyes.






Gieswein is only one of 525 Capitol rioters who have been charged since the events of January 6.

With that many out there looking down the barrel of long jail sentences, there's no knowing what other creative arguments may come along in the future.