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Jay Johnston, an actor known for voicing the character Jimmy Pesto in the animated series Bob's Hamburgersfaces up to five years in prison after pleading guilty Monday to interfering with police officers during the Jan. 6, 2021, riot at the U.S. Capitol.
The 55-year-old pleaded guilty to civil disorder, a felony that carries a maximum sentence of five years in prison, but sentencing guidelines suggest a prison term of eight to 14 months. However, Judge Carl Nichols, who is overseeing the proceedings, retains discretion in his decision regardless of the plea agreement.
Johnston, who is also recognized for his role in the film Featured Presenter: The Legend of Ron Burgundyis one of more than 1,400 people who have been charged in connection with the Capitol riot. Former President Donald Trump also faces four counts for his alleged actions surrounding the riot. The former president has pleaded not guilty and claims the federal case against him is politically motivated.
Newsweek reached out to Johnston's attorney, Stanley Woodward, by email Monday for comment.
Johnson was arrested in June 2023 after video evidence allegedly showed him pushing officers and helping other rioters, as well as holding a stolen police shield and passing it to other members of the crowd, according to an FBI agent's affidavit.
Additionally, a court filing accompanying Johnston's plea agreement revealed that the actor recorded the riot on his cell phone, helped rioters wash chemicals out of their eyes and actively participated in the rioters' efforts against law enforcement.
According to an FBI statement, three people identified Johnston from photos released by the agency. One of his acquaintances sent a text message in which Johnston downplayed the event, while acknowledging his presence at the Capitol.
“The media portrayed it as an attack. It wasn’t. I thought it turned into that. It was a disaster. I got pepper sprayed and pepper sprayed and I found it pretty disgusting,” Johnston reportedly wrote.
Johnston's involvement in the Capitol attack sparked a backlash among professionals, and his character Bob's Hamburgers was dropped from the show, according to a 2021 article in The Daily BeastThe character, pizzeria owner Jimmy Pesto, was later reprised with another voice actor.
A sentencing hearing in Johnston's case is scheduled for Oct. 7, and Judge Nichols has asked federal prosecutors to submit their sentencing memos by Sept. 30 and the defense to submit theirs by Oct. 3.
Johnston's guilty plea comes after the Supreme Court's recent decision on the obstruction of official process charge used against hundreds of Jan. 6 defendants is expected to impact many cases.
Last month, the court ruled 6-3 in Fischer v. United States that the federal obstruction statute under which Capitol rioter Joseph Fischer was charged specifically targets evidence tampering and not the broader riotous conduct he engaged in.
The decision narrows the scope of the federal obstruction law, which has been used in numerous prosecutions related to more than 355 Jan. 6 Capitol rioters accused of obstructing an official proceeding.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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