This week, U.S. District Judge Trevor N. McFadden pointed out the double standard of federal prosecutors who are seeking the harshest penalties including jail time for the January 6th protestors while going soft on BLM rioters and Code Pink protesters.
Judge McFadden spoke out in sentencing Capitol riot defendant Jenny Cudd, 37, who pleaded guilty to misdemeanor trespassing.
“Prosecutors with the U.S. attorney’s office for Washington asked the judge to sentence Cudd to 75 days in jail and one year probation. Instead, he imposed two months’ probation and a $5,000 fine, contrasting her case with that of Tighe Barry, an activist with the liberal advocacy group Code Pink.
The judge said that the same prosecutor’s office in 2019 sought 10 days behind bars for Barry, who stood on a chair, held up a poster, and shouted at senators from the back row in one of Kavanaugh’s Senate Judiciary Committee hearings in September 2018, and returned to protest three weeks later in violation of a stay-away order.
“The government’s sentencing recommendation here is just so disproportionate to other sentences for people who have engaged in similar conduct,” said McFadden, who added that Barry, a frequent demonstrator with 14 prior arrests, had accidentally knocked a chair into a bystander when Capitol Police arrested him. “I don’t believe in some sort of aggregate justice.””