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Thursday, November 12, 2026Nov 12

Capitol rioters’ social media posts influencing sentencings

Photo by Jason Andrew of The New York Times / A mob climbed the walls of the Capitol during the riot on Jan. 6, 2021 in Washington.
Photo by Jason Andrew of The New York Times / A mob climbed the walls of the Capitol during the riot on Jan. 6, 2021 in Washington. Photo by Jason Andrew of The New York Times / A mob climbed the walls of the Capitol during the riot on Jan. 6, 2021 in Washington.

For many rioters who stormed the U.S. Capitol on Jan. 6, self-incriminating messages, photos and videos that they broadcast on social media before, during and after the insurrection are influencing even their criminal sentences.

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.

“The ‘lol’ particularly stuck in my craw because, as I hope you’ve come to understand, nothing about January 6th was funny,” Jackson added. “No one locked in a room, cowering under a table for hours, was laughing.”

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.