Infowars host Owen Shroyer was sentenced on Sept. 12 to 60 days in prison for his role in the Jan. 6, 2021 breach of the U.S. Capitol.
Mr. Shroyer, who hosts a daily show called "The War Room With Owen Shroyer" for the website operated by Alex Jones's Infowars, did not enter the Capitol Building on Jan. 6.
The 34-year-old Austin, Texas resident did, however, admit to entering a restricted area during the breach. He pleaded guilty to one misdemeanor count of entering and remaining on restricted grounds in June 2023.
Prosecutors had sought four months behind bars for Mr. Shroyer.
Mr. Shroyer could also be seen on video telling the crowd that had gathered outside the Capitol Building, "Today we march for the Capitol because on this historic January 6, 2021 we have to let our congressmen and women know, and we have to let [Vice President] Mike Pence know, they stole the election, we know they stole it, and we aren't going to accept it," prosecutors said.
'Violent Rhetoric, Disinformation About the Election'CCTV footage captured Mr. Shroyer within the restricted area on both the west and east sides of the Capitol, prosecutors said.
Additionally, they said Mr. Shroyer "praised the actions of the rioters at the Capitol after January 6 on his online streaming show" after the breach.
Prosecutors also noted that Mr. Shroyer had an active order to stay away from the Capitol and its grounds as of Jan. 6, 2021 for a pending case of disorderly conduct on those grounds.
'No Justification for His Conduct'Elsewhere, his defense team argued in court filings (pdf) that the case had been "characterized by a cooperative spirit between the defense and the Government," noting that their client had allowed prosecutors to inspect his cellphones without a warrant, had waived his right to remain silent, and instead spoken to prosecutors.
"After inspecting the contents of his phone, federal investigators questioned Mr. Shroyer about the messages, what he knew about the planning of events leading up to and including January 6, 2021, and his awareness of other participants in illegal activity that day," his lawyers wrote.
Mr. Shroyer had nothing of value to offer prosecutors in their larger efforts to determine whether the events of January 6, 2021, were part of a larger scheme, or were, rather, as Mr. Shroyer saw it, nothing more than a protest turned into a riot," they added.
"Mr. Shroyer claims no justification for his conduct simply because he believed the president," his lawyers continued. "But when Mr. Shroyer appeared at the Capitol on January 6, 2021, he wore two hats: one was that of an outraged citizen who believed that an election had been rigged, the other as full-time journalist and commentator who sought a front-row seat at a historic event."
However, in his ruling Wednesday, Judge Kelly said Mr. Shroyer "was not merely at the building but he also did play a role in amping up the crowd on the steps that day," by leading chants through a megaphone.
"I’m not sure that he has disavowed in general what happened on Jan. 6 in any way for me to give him extra credit for remorse," the judge said.
Mr. Shroyer is one of a few defendants to be sentenced for his actions related to the Jan. 6 breach who did not enter the Capitol Building.