D.C.'s chief judge accuses Justice Dept of "fostering confusion" with low-level pleas in January 6 prosecutions

Washington – The government's prosecution of those accused of participating in the January 6 assault on the Capitol has a host of critics that includes former President Trump and his allies, and on Thursday, they were joined by a surprising voice — D.C. Chief District Judge Beryl Howell. 

Albeit for different reasons than Trump, Howell criticized prosecutors and accused them of "fostering confusion" among the public that could lead to the perception that the rioting and breach of the Capitol just over a year ago was a legitimate political protest, rather than a dangerous, deadly event. 

"The government has opted...to charge the parading, demonstrating, or picketing charge," Howell said, as she sentenced defendant Brian Stenz for a Class B misdemeanor that amounts to protesting in a restricted area and carries a maximum penalty of a mere six months in prison. Making these deals for petty offenses — which often involve dismissing more serious charges — risks minimizing what happened, Howell argued.