A man who filmed himself entering the U.S. Capitol on Jan. 6, 2021, was sentenced on Jan. 10 to two months in prison.
Anthime Gionet, known as Baked Alaska, was sentenced by U.S. District Judge Trevor McFadden, a Trump appointee, during a hearing in Washington.
Gionet, 35, could have been sentenced to up to six months in jail.
McFadden also imposed two years of probation after chastising Gionet.
“You did everything you could to publicize your misconduct,” the judge said during the hearing. “You were there encouraging and participating fully in what was going on.”
A lawyer representing Gionet did not immediately respond to a request for comment.
Zachary Thornley, representing Gionet, had asked for time served and 12 months of probation. Government prosecutors wanted 75 days in prison, three years of probation, and 60 hours of community service.
According to charging documents, Gionet entered the Capitol building on the afternoon of Jan. 6, 2021, and livestreamed himself inside for approximately 27 minutes in a video captured and posted on YouTube and Twitter.
Gionet took part in chants, including “Patriots are in control,” and at one point said “1776 baby,” according to an affidavit from an FBI agent. Gionet also told others that “I won’t leave guys, don’t worry,” and entered the office of a U.S. senator, later identified as Sen. Jeff Merkley (D-Ore.). Gionet picked up a telephone and pretended to report “a fraudulent election,” referring to former President Donald Trump’s claim that the 2020 election was stolen from him.
“Occupy the Capitol let’s go. We ain’t leaving this [expletive],” Gionet also said before entering another congressional office, sitting on a couch, and placing his feet on the table and encouraging others not to break anything.
Gionet Speaks to Reporters
Gionet told reporters after the sentence was handed down that he views his sentence as a “win” and said he plans to write a book while in jail. He also said he didn’t think he was breaking the law on Jan. 6 and doesn’t regret being there.“I have grown immense amounts,” he said outside the courthouse. “But I still hold firm that I was there because I believe the election was fraudulent, and I believe people should have a right to speak freely as long as they are being peaceful.”
Gionet worked at BuzzFeed before he used social media videos to become an influential figure in rightwing political circles. He was scheduled to speak at the “Unite the Right” 2017 rally, which included white nationalists, before it erupted in violence on the streets of Charlottesville, Virginia.
Taylor, Gionet’s lawyer, said that Gionet was in and around Washington in 2021 to film what transpired and noted that his client entered the Capitol through an open door, while a second door he passed through was being held open by at least one officer.
“It is clear that at the moment Mr. Gionet entered the Capitol, Capitol law enforcement, at least in this area, was not telling anyone to leave, trying to hold people back, or attempting to prevent entry. Neither was Mr. Gionet violent nor was his entry. Video shows he is walking with a selfie stick and his camera to document the situation as he typically would like in most other settings,” Taylor said. “It is important to note that not one person, law enforcement or otherwise [told] Mr. Gionet he is not welcome. No one tells him he must leave. He entered with law enforcement holding the door open for him. Further, once inside, Mr. Gionet speaks with several officers, some of whom fist bump him or shake his hand.”
Taylor asked for a light sentence due to Gionet complying with court guidance, including that from probation officers.
Gionet’s criminal history includes 30 days in jail for misdemeanor convictions stemming from a December 2020 encounter in which authorities say he shot pepper spray at an employee at a bar in Scottsdale, Arizona.
U.S. District Judge Emmet Sullivan, a Clinton appointee, had been overseeing the case but recused himself for unknown reasons. When the case was reassigned to McFadden, Gionet called the judge “a very awesome judge who is a pro Trump judge and one of the judges that let one of the guys off innocent in his trial.”
Prosecutors urged McFadden to impose a heavier sentence, said Gionet went to the Capitol in an attempt “to profit from the video” and swore at a law enforcement officer who tried to get him to leave.
“He even tried to profit off his recording of illegal activity and is in litigation to obtain $2,000 that he earned from his livestream. These actions show no remorse for his actions at the Capitol or those of his fellow rioters,” they wrote in a filing.
“Without him going to prison, he won’t stop what he’s doing,” assistant U.S. Attorney Anthony Franks said.
McFadden, during the hearing, said that Gionet recorded his crimes to obtain money and more social media followers.
“That is a very disturbing vocation, sir,” the judge told him.
