Prosecutors added that Jancart would not have allowed “civilians on a restricted military base [sic] on the basis that they have “paid taxes”.
It is a notable marker for the Department of Justice as it pursues hundreds of defendants who raped the Capitol during the January 6 uprising. The crowd included dozens of veterans and retired military personnel, current and retired police officers, and even a few security clearance holders. The Justice Department is making it clear that it will consider military service an aggravating factor when it comes to recommending the sentence convicted rioters should receive.
Although several misdemeanors have pleaded guilty and avoided jail, prosecutors say they don’t expect this to be common. On the contrary, these first defendants were accused of lack of violence, expressed remorse and cooperated with the police.
In the case of Jancart and Rau, however, prosecutors say they came to Washington prepared for potential violence – Jancart brought a gas mask and Rau brought kevlar-lined gloves – and were among the first to break through the building, encouraging others to follow suit. They dug deeper into the building, past the broken windows and ignoring the alarms and tear gas. Additionally, after the riot, the couple celebrated their actions on social media.
Jancart defended his actions when questioned by law enforcement, suggesting that his taxpayer status gave him the right to enter the building.
Unlike Jancart, prosecutors say Rau took more steps to express his regret for entering the Capitol and surrendering to authorities. But they said he first celebrated his actions that day and deleted various text messages and photos that would have been evidence in the case. And his actions, they said, prompted other rioters even as they engaged in violent behavior towards the officers.
“Although Rau himself did not participate in this physical attack, he shouted threatening language at the police and celebrated the violence,” prosecutors wrote in Rau’s sentencing memo. âWe can also hear Jancart shouting ‘catch him! On the video. When the line is broken, Rau and Jancart start shouting âCome on, come on, come on! And ‘they just pushed through the guards!’ â
âRau’s conduct on January 6 was more egregious than that of Jancartâ¦ although Rauâs conduct on January 6 was more egregious than that of Derek Jancart based on the conduct described in Exhibit 1, his conduct after the Derek Jancart’s arrest – both his cooperation with the prosecution and his lack of social media posts – is mitigating enough that the government recommends a four-month jail term for both defendants. “