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Apologetic Capitol Rioter Gets Longest Sentence Yet – 63 Months

by Maureen Rubin | Jan 03, 2022
A man in a red, white, and blue hoodie, appearing emotional while surrounded by a crowd during the January 6 Capitol riot.
Photo Source: Robert Palmer during the Jan. 6 Capitol riot. (Lev Radin/Pacific Press via ZUMA Wire/New York Post)

He’s “really, really ashamed,” but he’s going to Federal prison for 63 months, the longest sentence yet issued for one of the January 6 Capitol rioters.

Of the 700-plus rioters who attempted a coup of the 2020 election results, Robert Scott Palmer, a 54-year old Largo, Florida man was charged with one count of assaulting, resisting or impeding police officers using a dangerous weapon. He pleaded guilty and received the harshest sentence yet on December 17. Judge Tanya S. Chutkan told him his incarceration is “the consequence” of his actions.

Judge Chutkan was not persuaded by an apologetic and explanatory letter Palmer wrote to her before receiving his jail term. He said that he now understands that Trump and his allies had lied “by spitting out the false narrative about a stolen election and how it was ‘our duty’ to stand up to the tyranny…Little did I realize that they were tyrannical ones desperate to hold on to power at any cost even by creating the chaos they knew would happen with such rhetoric."

Chutkan was not moved by either Palmer’s letter or his weeping at the sentencing hearing when he claimed to be “absolutely devastated” by what he did. She told Palmer she had no tolerance for those who try to “violently overthrow the government and stop the peaceful transition of power.”

On January 6, Palmer was part of the crowd that attended and cheered Trump’s address on the Washington D.C. Ellipse. Dressed in red, white, and blue, and wearing a “Florida for Trump” hat, Palmer followed the crowd to the Capitol building and became part of the violence that erupted. His role in the violence began about 4 p.m.

During his trial for assault on police officers with a dangerous weapon in October, it was noted how he picked up a fire extinguisher that another rioter had dropped and sprayed the police with its contents. He then threw the empty canister at a law enforcement officer and hit his riot shield.

Later, he picked up a long wooden plank shaped like a spear. When Virginia State Police told him to drop it, he ignored them and started shouting obscenities. He then threw the wooden plank at them but fortunately failed to hit anyone. A state trooper fired a rubber bullet that knocked him down for a short time.

Prosecutors said that this shooting prompted Palmer to “portray himself as a victim, rather than as the aggressor.” He also gave some media interviews, claiming he was acting in self-defense.

At the sentencing hearing, Chutkan sought to clarify Palmer’s exculpatory statements. She asked, “When you threw the fire extinguisher and the pole, were you acting in self-defense?” He admitted he was not, and made additional, emotional claims in his attempts to gain favor with the judge. For example, he said, “The officers were so brave to stand there and take the stuff they did. I’m just very ashamed to be a part of that. … It was a lie. It should never have happened.”

After being identified in videos, Palmer surrendered to authorities in March and cooperated with the FBI. He said he began to regret his actions after he saw footage of his part in the riot on television. He saw himself leaning over a terrace “where the most ferocious fighting” was going on. Court records revealed that during the attack on the Capitol, he held a sign that read “Biden is a Pedophile.” He told Judge Chutkan, “I was horrified, absolutely devastated to see myself on there.”

This alleged change of heart had little effect on the judge. According to the Washington Post, Palmer’s original sentencing range was to be 46 to 57 months according to the Federal statutory sentencing guidelines. But Chutkan caught him in a lie that he made as part of an online fundraising plea he made while in jail. He wrote that he did “go on the defense and throw a fire extinguisher” at police after being shot with rubber bullets and sprayed with tear gas.

At the sentencing hearing, he admitted that he threw the spear-like plank before he was ever struck by a bullet. Prosecutors said his admission showed that he did not take responsibility for his part in the assault. Chutkan was persuaded and increased his sentencing range from 63 to 78 months. Supreme Court precedent gave her the authority to exceed the Federal guidelines and she did. There is no parole in Federal prison, but he might get his sentence reduced by fifteen percent for good behavior.

After delivering the sentence, Chutkan said, “The men and women who kept democracy functioning that day, and saved lives, they deserve the thanks of the nation. They didn’t deserve to have fire extinguishers thrown at them; they didn’t deserve to be spat on.

Perhaps, having seen yourself on videotape and media coverage, you understand how terrified the rest of this country must have been.”

Palmer is one of the more than 130 January 6 defendants to be charged with assaulting police officers and the second to be sentenced. In November, Scott Fairlamb of New Jersey got 41 months. He is currently appealing that sentence.

While emphasizing that Palmer’s sentence was not for his political beliefs but for his actions, the Judge said, “The actions you engaged in cannot happen again.” She is doing her part to make sure this proclamation comes true.

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Maureen Rubin
Maureen is a graduate of Catholic University Law School and holds a Master's degree from USC. She is a licensed attorney in California and was an Emeritus Professor of Journalism at California State University, Northridge specializing in media law and writing. With a background in both the Carter White House and the U.S. Congress, Maureen enriches her scholarly work with an extensive foundation of real-world knowledge.

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