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Crime Social Networks The Courts United States

Judges Read Capitol Rioters' Social Media Posts, Gave Them Stricter Sentences (apnews.com) 424

After sentencing one of the "Capitol Hill rioters" to 41 months in prison, a judge added that anyone with Facebook and Instagram posts like his would be "well advised" to just plead guilty right away. "You couldn't have beat this if you went to trial on the evidence that I saw."

And other rioters are now learning the same thing, reports the Associated Press: Earlier this month, U.S. District Judge Amy Jackson read aloud some of Russell Peterson's posts about the riot before she sentenced the Pennsylvania man to 30 days imprisonment. "Overall I had fun lol," Peterson posted on Facebook. The judge told Peterson that his posts made it "extraordinarily difficult" for her to show him leniency....

Among the biggest takeaways so far from the Justice Department's prosecution of the insurrection is how large a role social media has played, with much of the most damning evidence coming from rioters' own words and videos. FBI agents have identified scores of rioters from public posts and records subpoenaed from social media platforms. Prosecutors use the posts to build cases. Judge now are citing defendants' words and images as factors weighing in favor of tougher sentences.

As of Friday, more than 50 people have been sentenced for federal crimes related to the insurrection. In at least 28 of those cases, prosecutors factored a defendant's social media posts into their requests for stricter sentences, according to an Associated Press review of court records....

Prosecutors also have accused a few defendants of trying to destroy evidence by deleting posts.

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Judges Read Capitol Rioters' Social Media Posts, Gave Them Stricter Sentences

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  • by The Evil Atheist ( 2484676 ) on Saturday December 11, 2021 @09:40PM (#62070947)
    It lets idiots tell the world that they're idiots. I hope they all become unemployable.
    • by pauljlucas ( 529435 ) on Saturday December 11, 2021 @09:49PM (#62070965) Homepage Journal

      It lets idiots tell the world that they're idiots.

      True, but perhaps they wouldn't have acted as idiots had they likely not gotten the idea and encouragement from their fellow idiots on social media.

      • by The Evil Atheist ( 2484676 ) on Saturday December 11, 2021 @10:04PM (#62070989)
        I'm not sure about that. What that tells us is that there are many gullible idiots hidden among us, doing long term damage through their actions, who were able to hide behind a mask of respectability because they didn't have a safe space to air their stupid beliefs and thoughts.

        Just because we couldn't see their stupid beliefs and thoughts doesn't mean they weren't acting on them.
        • by fahrbot-bot ( 874524 ) on Saturday December 11, 2021 @10:26PM (#62071019)

          What that tells us is that there are many gullible idiots hidden among us, doing long term damage through their actions, who were able to hide behind a mask of respectability because they didn't have a safe space to air their stupid beliefs and thoughts.

          Yes, some of them are in Congress.

          • "some"

            If they banded together they could be a dominant political party.

          • by sg_oneill ( 159032 ) on Sunday December 12, 2021 @07:16AM (#62071949)

            Sure there are gullible idiots, and always where. The problem is Social Media gave exploitative state and non state actors access to those people. Prior to the internet conspiracy theorists and whacko political extremists had to recruit via badly written notices on noticeboards in town squares and via shifty bookstores staffed by weird old men that looked like potential sex offenders. The notices where always crazy looking things with all caps type writing about Moon Nazis and black helicopters. People just knew it was crazy shit, even the gullible ones.

            But the net has vastly expanded that reach, and put the conspiracyt theorists and extremists together with people with marketing and sociology know how able to conduct dangerously effective mindfuck campaigns on people who would otherwise ignore the noticeboards and shit.

            And thats where it gets dangerous. The last time a well funded and successful PR campaign premised around conspiracy theories happened was in 1930s germany, and that turned out *very* badly for everyone.

        • by hey! ( 33014 ) on Saturday December 11, 2021 @11:48PM (#62071213) Homepage Journal

          I think most of us may be more vulnerable to cult-like social phenomena than we think. When we look at people like this we're looking at the endpoint; it seems impossible that we could end up there. But I think the capacity to take a journey to that particular end is pretty normal.

          We think *we* are entirely rational because when we're using critical thinking we're necessarily aware we're doing that; it's hard work. But when we come to some conclusion through a heuristic (e.g. "this person speaking seems to be trustworthy") it's so effortless we aren't even aware we're letting a new belief set up house in our head. This is the back door through which cult-like thinking can ensnare a normal person.

          Look at *any* group, regardless of its political ideologies, religious orientation, age or culture, and you will see powerful irrational social forces shaping its members. What kept various groups from becoming cults is the competing groups its members are also members of; your coworkers tend to think one way, your family another. This keeps a group from absorbing your identity. Someone with rich, diverse, and frequently used social connections is hard to radicalize because he has so many intersecting group identities.

          That's why cults try to cut you off from your friends and family, to saturate your consciousness with their world view. It is an extremely potent brainwashing technique, and if someone can manage to use it on you it will be very hard for a normal person to resist. The thing is, social media apps try to do the exact same thing, to saturate your consciousness with particular world views; only it's called "maximizing engagement". It's no wonder we're seeing these vast cult-like movements arise so quickly. Yes, there are bad actors involved, but they almost don't matter; they're like the specs of dust that seed the rain cloud.

          That's why a cult tries to cut you off from your friends and family; it tries to saturate your consciousness with its viewpoint. The thing is, this is exactly what social media apps try to do, only it's called "maximizing engagement". If yo

        • by AmiMoJo ( 196126 ) on Sunday December 12, 2021 @10:25AM (#62072337) Homepage Journal

          Lone idiots were far less dangerous before social media allowed them to find like-minded idiots and form a cult of millions.

          I remember reading some of the posts at the time. They described it as a revolution, and the people taking back power from a corrupt government. I'm not surprised it lengthened their sentences because it rather undermined their claims that they were just tourists or protestors.

        • by gizmo2199 ( 458329 ) on Sunday December 12, 2021 @04:52PM (#62073341) Homepage

          George Carlin — 'Think of how stupid the average person is, and realize half of them are stupider than that.'

    • Re: (Score:3, Interesting)

      by AlanObject ( 3603453 )

      It lets idiots tell the world that they're idiots. I hope they all become unemployable.

      Nah. You don't want them on welfare. Let them continue to pay taxes and just stay out of trouble and tell all their friends and relatives that believing in right-wing media might not be such a great idea. It's the least they can do.

      • It lets idiots tell the world that they're idiots. I hope they all become unemployable.

        Nah. You don't want them on welfare. Let them continue to pay taxes and just stay out of trouble and tell all their friends and relatives that believing in right-wing media might not be such a great idea. It's the least they can do.

        So your idea is optimal, but in my view, you're describing reform. I'd love to see them reformed and join in thinking society...repent of their ways. Unfortunately, that seems unlikely. Whatever psychosis made them want to assault the Capitol is unlikely to go away just because of their arrest. They have a massive media apparatus as well as social media circles cheering them on. They really think that this is Star Wars and they're the rebels and Joe Biden is the evil emperor spreading tyranny by sugges

      • Re: (Score:2, Insightful)

        No no, I WANT them on welfare.

        I'm fully in support of paying stupid people so that they don't have to work and ruin everything.

        Idiots costs society more than the welfare pittance they'll receive.
    • Yeah right. Half of them will be running for congress when they get out.
    • I really don't think any hoping is needed.

  • by IdanceNmyCar ( 7335658 ) on Saturday December 11, 2021 @09:45PM (#62070953)

    "You have the right to remain silent", unless you are an asshat who has waived this right by posting publicly your intentions and participation.

    I am a bit more disturbed by the implications deleting a post means you are destroying evidence. It could be a sign of remorse. More so as prosecutors, your job is to collect evidence. They should scrape that data ASAP and build manners to have chain of custody of this evidence with social networks (I.e. confirmation from Facebook that the post was legitimate and the date it was deleted). If the post is deleted before charges our legal council, this goes a long way to showing some form of regret. If, it's deleted right before trial, the case it was deleted to destroy evidence is more valid. This being said, I still think making such a charge sets a bad precedent.

    • by PopeRatzo ( 965947 ) on Saturday December 11, 2021 @09:48PM (#62070959) Journal

      I am a bit more disturbed by the implications deleting a post means you are destroying evidence. It could be a sign of remorse.

      Destroying evidence is seldom a sign of remorse. If you feel remorse, then say you feel remorse. You're already on social media oversharing, so you might as well come out and say it.

    • Re: (Score:2, Insightful)

      by pauljlucas ( 529435 )

      I am a bit more disturbed by the implications deleting a post means you are destroying evidence. It could be a sign of remorse.

      So destroying a gun after having shot someone with it should not be considered destroying evidence because the shooter might be remorseful?

      • How this timeline: go to rally, get swept up in the moment, "invade the Capitol", post to social media "in the moment", go home, regret it, delete posts, then greet the FBI at your front door two months later...

      • by IdanceNmyCar ( 7335658 ) on Saturday December 11, 2021 @10:54PM (#62071105)

        Not comparable. The issue is clarity of crime and criminal intent. Shooting someone generally means both are clear. Remorse in such a case would be surrendering your firearm and turning yourself in. As for a protest turned into a riot. It's easy to get swept into the moment with no criminal intent. Deleting a post can be interpreted as recanting what you said but you can't really recant shooting someone because that's actual physical violence.

        The matter is simply more difficult for posts and requires a bit more detail about the post.

        • We'll have to agree to disagree.
    • "You have the right to remain silent", unless you are an asshat who has waived this right by posting publicly your intentions and participation.

      Publicly posting your intentions doesn't waive the right to remain silent, it just means you can't be compelled to testify, but anything you do or say can be used against you in a court of law regardless.

  • by fermion ( 181285 ) on Saturday December 11, 2021 @09:59PM (#62070981) Homepage Journal
    Donâ(TM)t film your crime. Donâ(TM)t post your crime. I know all the kids today, with helicopter and bulldozer parents, think thier momies are going to save them, but they wonâ(TM)t. I know yâ(TM)all go into the inner city âto act bad and get a repâ(TM) thinking the cops are overwhelmed and have no time for petty crime, but it does not always work. I thought we have gone through this enough so we donâ(TM)t have to keep repeating it.

    My only real complaint about this is the time and money we are wasting. Unless they actually hurt someone, or is a primary figure we need to make an example of, charge them with a felony, give them a years probation, and put them on the no fly list. The last thing I need is some entitled prick forcing my plane to divert because he thinks he got a smaller bag of snacks.

  • by rsilvergun ( 571051 ) on Saturday December 11, 2021 @10:02PM (#62070987)
    What's the best idea they've ever had.
  • by rsilvergun ( 571051 ) on Saturday December 11, 2021 @10:06PM (#62070995)
    Was crying when they interviewed him. The magnitude of what he had done finally hit him. It's infuriating because a lot of those people have been strung along by right-wing extremist media. It would be one thing if they just fell down the rabbit hole but that stuff is on prime time TV and has been for years. I'm not saying we don't send them to jail and there is certainly plenty of them that are to this day unrepentant, but it's also clear a lot of them were radicalized without really realizing or intending to be. In that sense their victims too, although not at the damage is done there's not much to be done about it. Except maybe try to stop it from happening again.
    • but it's also clear a lot of them were radicalized without really realizing or intending to be.

      But the majority of people have the maturity, intelligence, humility, self-awareness, and self-control, not to be radicalized.

      These people have had ample opportunity to go through life and gain experiences, and not one of them had enough self-awareness and self-assessment to consider whether they're wrong or not.

      These people are rightfully punished for it.

    • To be fair a lot of the remorsefulness in the court room has been shown to be completely false via social media posts after the fact. I would imagine that there are also a number of people on trail who will also fake it but are not stupid enough to contradict themselves on social media. Basically I disagree with your "misled" narrative. At some point a person has to be held accountable for their actions and storming one of the seats of our government strikes me as an over the line scenario for feeling sorry

  • Otherwise they'll be back at it in 2024.
    • Speaking of which, why didn't Trump pardon them?
      • Speaking of which, why didn't Trump pardon them?

        Maybe because he (incorrectly) doesn't think anyone did anything wrong. Also, my understanding is that blanket pardons are problematic -- and a pardon would probably be an admission that they all committed a crime, of which he was a part ...

      • Speaking of which, why didn't Trump pardon them?

        Probably something to do with how much he cares about the little guy.

      • Because they failed. Trump doesn't like losers.

        Which is why he will always insist the election was stolen. His psyche can't handle the idea that he lost.

  • by Anonymous Coward on Saturday December 11, 2021 @10:21PM (#62071013)

    > Among the biggest takeaways so far from the Justice Department's prosecution of the insurrection

    I love how they drone one about an "insurrection" but these are glorified trespassing charges in the linked PDF.

    18 USC 1752(a)(1) - Knowingly entering or remaining in any restricted building or grounds
    18 USC 1752(a)(2) - Disorderly Conduct Which Impedes the Conduct of Government Business
    40 USC 5104(e)(2)(D) - Disruptive conduct in the Capitol Buildings
    40 USC 5104(e)(2)(G) - Parading, Demonstrating or Picketing in the Capitol Buildings.

    Just as a reminder, the only people who died were:

    Ashli Babbitt - 35, an Air Force veteran from Southern California, was shot and killed by a Capitol Police officer as she clambered through a broken window https://archive.ph/YLP2Q#selection-665.1-665.140 [archive.ph] - archive of nytimes.com

    Brian Sicknick - ... suffered two strokes and died of natural causes a day after he confronted rioters at the Jan. 6 insurrection, the District’s chief medical examiner has ruled. https://archive.is/LgYvj#selection-429.23-429.199 [archive.is] - archive of washingtonpost.com

    Kevin Greeson - Kevin D. Greeson, 55, of Athens, Ala., ... suffered a heart attack and fell to the sidewalk. He was talking on the phone with his wife at the time. https://archive.ph/YLP2Q#selection-793.0-793.234 [archive.ph] - archive of nytimes.com

    Rosanne Boyland - 34-year-old ... died of acute amphetamine intoxication according to medical examiners. https://archive.ph/8g5qA#selection-4055.23-4055.123 [archive.ph] - archive of wusa9.com local Washington DC

    Benjamin Philips - Mr. Philips died of a stroke in Washington, those who accompanied him to the Capitol told the newspaper. https://archive.ph/YLP2Q#selection-1041.0-1041.104 [archive.ph] - archive of nytimes.com

    After this, there were also a few cops who committed suicide, though I've read the reports and it's not exactly clear how those were related to this event, or even if there's a true relation there. So just a reminder: half the people here are celebrating the death of an unarmed protester here where people slightly delayed a formality when Biden won months prior.

    • Forgive me, but when evaluating the seriousness of the Capitol riot, it's not just important to consider the deaths involved, but the injuries [cbsnews.com] as well.

      Also, when you look at video [nbcchicago.com] of the lead-up and shooting of Ashil Babbit it's obvious that her clambering through the window that the rioters broke was about to be a rush of said rioters streaming in behind her if it was not met with deadly force very quickly. Trying to just sell this as the death of some poor unarmed protestor is disingenuous to say the le
  • by backslashdot ( 95548 ) on Saturday December 11, 2021 @10:31PM (#62071025)

    If Trump wins in 2024, I wonder if in Kamala will follow the idea of Trump to throw out the election. I mean Trump said that the Vice President has a right to count only the electoral votes he feels like counting. Why can't Kamala do that? I almost want to see it happen for the comedic effect of it. I am saying almost, only cause I live in US so the joke would be on me. But oh boy, imagine the entertainment value of watching something like that play out from say Sweden or something.

    • It's cute you think Kamala will still be in office in 2024.

    • by splutty ( 43475 )

      Because it's against the law. And the Democrats seem to be more interested in actually keeping to the law (in most cases) than the current Republicans.

      So there's a fair chance they won't try this.

  • by kenh ( 9056 ) on Saturday December 11, 2021 @10:34PM (#62071033) Homepage Journal

    Prosecutors also have accused a few defendants of trying to destroy evidence by deleting posts.

    Only Democrats can delete messages to hide their crimes [denverpost.com]

    • Clinton got the advice to run her own email server for the explicit purpose of avoiding discovery... From Colin Powell [theguardian.com] . In case you didn't know, he declared as an independent until 1995, at which point he declared as a republican.

      The idea that only democrats get away with concealing evidence is a severely stupid one, which is why I'm not surprised to see you repeating it.

  • by battingly ( 5065477 ) on Saturday December 11, 2021 @10:48PM (#62071079)
    Don't kid yourself. The far right is learning from this and the next time they storm the government apparatus, they won't be so easy to catch and punish. And we won't have long to wait for the next time. The 2024 presidential election at the latest.
    • by thegarbz ( 1787294 ) on Sunday December 12, 2021 @04:57AM (#62071703)

      What mistakes? None were made, Trump is above the law, his republican stooges won't suffer any consequences and a bit of the mindless canon fodder is going to jail to be replaced with more mindless canon fodder next time.

      The only people being punished are those replaceable idiots incapable of learning a lesson. Until we start seeing the likes of Trump or Meadows in jail no learning will be done and nothing will change.

      "The Big Lie" is now a standard playbook and has been used by several local / state elections since the federal one. Either republicans win or the election was stolen.

    • Don't kid yourself. The far right is learning from this and the next time they storm the government apparatus, they won't be so easy to catch and punish.

      Don't kid yourself. The kind of people who can be whipped into a froth and sent forth to try to stop a fair and legal election process (as demonstrated by the very auditors the republicans paid to try to find fraud) are big. fucking. idiots. They are not going to learn a fucking thing. They will do the same shit, possibly in different venues which will still cough up the evidence in response to subpoena. i.e. they might not post it on faceboot, and instead go to some more conservative enclave to brag. But t

  • by VeryFluffyBunny ( 5037285 ) on Sunday December 12, 2021 @06:30AM (#62071847)

    You know what'll be perfect for providing vital evidence of willful intent & culpability for locking up white supremacist extremists? An online community where they can share their values, beliefs, objectives, intentions & plans. We have to help them to build Trump's Mastodon!

    However, it'll only work if law enforcement actually goes after them for a change. Can't the police & FBI just pretend that they're African American or middle eastern groups & networks & treat them accordingly?

Do you suffer painful hallucination? -- Don Juan, cited by Carlos Casteneda

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