InfoWars host Owen Shroyer was sentenced to 60 days in jail over his role in the Jan. 6 riot.
Shroyer did not go inside the Capitol on Jan. 6, nor is he accused of any violence or destruction of property. Despite this, prosecutors argued that he “helped create” the riot through his online platform. He hosts a daily web show, The War Room With Owen Shroyer, on the network operated by Alex Jones. It was through this platform that prosecutors claim he helped create the riot by alleging election fraud during the 2020 presidential election and spreading violent rhetoric.
“In the months prior to January 6, Shroyer spread election disinformation paired with violent rhetoric to hundreds of thousands, if not millions, of viewers,” prosecutors wrote in a court filing.
They used several examples of what they alleged was violent rhetoric, including chanting “1776!” and saying, “The Democrats are posing as communists, but we know what they really are: they’re just tyrants, they’re tyrants. And so today, on January 6, we declare death to tyranny! Death to tyrants!” through a megaphone.
Prosecutors argued that imprisonment was warranted because Shroyer “(1) had an active order to stay away from the U.S. Capitol and its grounds on January 6, 2021 due to a pending case for disorderly conduct on those grounds; (2) stoked the fire of hundreds of thousands of his followers with violent rhetoric and disinformation about the election leading up to January 6 and during a march he helped lead to the restricted grounds, and (3) praised the actions of the rioters at the Capitol after January 6 on his online streaming show.”
Shroyer had agreed to stay off Capitol grounds over a previous incident in 2019 when he disrupted a House Judiciary Committee hearing for impeachment proceedings against former President Donald Trump.
In his defense, Shroyer cited his compliance with the investigation, which included willingly turning over his electronic devices.
“I was fully transparent and honest. And I’m glad I was to show that I was not part of any larger plan for illegal activity or violence that day,” he said.
Shroyer also denied trying to amp up the crowd, saying he instead was trying “to get the attention and draw the crowds away” from the Capitol.
In a letter two days before his sentencing, Shroyer’s attorney protested any jail time in his case.
“In a sentencing memorandum that can most charitably be described as chilling, the Government recommends a sentence of 120 days imprisonment based largely on what Mr. Shroyer said on, during and after the riot at the Capitol on January 6, 2021,” attorney Norm Pattis wrote.
“The memorandum represents a low-water mark in the Government’s prosecution of January 6 cases, taking direct aim at freedom of speech. It seeks to penalize Mr. Shroyer for his viewpoints, claiming, apparently, that his views are relevant offense conduct that must be considered in crafting a sufficient, but not greater than necessary, to punish the crime to which Mr. Shroyer pleaded guilty,” he added.
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In June, Shroyer pleaded guilty to trespassing on restricted grounds. The misdemeanor carries a maximum sentence of one year of imprisonment.
Pattis said he will appeal the sentence.
