Chief DC federal judge questions misdemeanor deals for US Capitol rioters

"Does the government have any concern ... of the defendant joining a mob, breaking into the Capitol building" in the future, and "terrorizing members of Congress, the vice president, who had to be evacuated," Chief Judge Beryl Howell asked prosecutors during the plea hearing.

"This could be a circumstance that arises every four years," Howell added.

The defendant, Jack Griffith, pleaded guilty to a misdemeanor charge of illegally demonstrating in the Capitol building, which has become the standard plea deal that the Justice Department has offered to nonviolent rioters. The charge is a "petty offense," Howell said, comparing it to the same charge someone might face if they trespassed on government property after dark.

Federal prosecutors pushed back, saying the plea bargain was appropriate because Griffin signaled early in the process that he was willing to plead guilty and help the probe if needed.

Howell appears to be the first judge to question the Justice Department's misdemeanor plea offers for participants in the January 6 insurrection, though other judges have discussed how to weigh the seriousness of the attack while sentencing nonviolent rioters with no criminal record.

The Capitol riot cases are unfolding in DC District Court, where Howell is the chief judge. She has set the tone for many of these proceedings with her in-court comments and rulings. Early in the process, she forcefully condemned the insurrectionists, rejected claims that January 6 was a "peaceful protest," and highlighted the ongoing threat posed to the Capitol and DC residents.

Prosecutors say that Griffith was caught on video walking around the Capitol and later bragged about his participation on Facebook. He faces a potential maximum of six months in jail, though he may be ordered to serve much less, or even no jail time, when he is sentenced in October.

Howell also pointed out that the cooperation required by Griffith's plea deal, and similar deals for low-level Capitol rioters, is "far more limited than the normal cooperation agreement," which could require defendants to testify at grand juries or hearings, which seems unlikely in this case.

As part of the plea deal with prosecutors, Griffin also agreed to pay $500 in restitution, sit for interviews with law enforcement, and give federal investigators access to his social media data.

So far, 27 people have pleaded guilty to charges stemming from the Capitol riot. The Justice Department has charged more than 550 people in the attack, according to CNN's latest tally.

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