“Worst of Any January 6 Defendant”: Jan 6 Convict Faces Severe Consequences Following “Obnoxious Courtroom Behavior”

William FurneyDec 1, 2023

Minute Read

A New Yorker who couldn’t behave himself in court and lashed out everyone from prosecutors to the judge has had his sentence increased by four times after being convicted over the January 6 riots on Capitol Hill.

Three-Week Sentence

Massage therapist Frank Giustino, who was pictured among the throng of rioters that stormed the US Capitol, had been sentenced to three weeks in prison after pleading guilty to a misdemeanor charge in the calamitous events at the US Capitol.

Furious Judge

But US District Judge James Boasberg was not happy with the newly minted convict’s antics and slapped a further more than two months onto the prison term, bringing it up to 90 days instead of just 21.

Problematic Hearings

The defendant had not turned up for some court hearings during the trial and had hurled insults at the prosecution while also giving the judge a hard time.

Prosecution ‘Clown Show’

Giustino branded a prosecutor in the case the “very definition of terrorism,” and said it was “an absolute clown show of a prosecution.”

Tried to Go Solo

Giustino had also tried to get rid of his lawyer in the case and defend himself, but he was not successful in his petitions to the court.

‘Among Worst Behavior’

All that earned Giustino a rebuke from Judge Boasberg, who declared: “Your behavior from the moment of the (guilty) plea until sentencing has been about the worst of any January 6th defendant I’ve had.”

Attack on US Capitol

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The January 6, 2021, riots occurred after thousands of supporters of then-president Donald Trump heeded his call online to protest the result of the 2020 election that he lost to Joe Biden.

Refusal to Concede Defeat

Trump believed he had won the election, claiming that the vote had been “rigged” in favor of Biden and that it had therefore been stolen from him. His subsequent legal and other attempts to try and overturn the result led to an indictment earlier this year, at federal level and in Georgia, where he and former members of his legal team are charged with racketeering.

January 6 Arrests

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Following violence that erupted on Capitol Hill, between the protesters, security officials and police, leading to the deaths of five people, more than 1,000 people were arrested.

Prosecutions and Sentences

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Giustino is the latest of those arrested over the January 6 riots to be sentenced. The longest prison term handed down yet went to Enrique Tarrio, leader of the far-right Proud Boys group, who was given 22 years for sedition and trying to block the transfer of power from Trump to Biden.

Deserved ‘Years Not Months’ Extra

There was no love for Giustino among people commenting online. One person on X wrote: “For that obnoxious courtroom behavior, the judge should have upped his sentence by years not months.”

‘Rule of Law’

Another X user said: “It’s crucial to recognize the importance of due process and the rule of law in such cases.”

‘Save America Now’

But some respite for the convict came from another person on X, who said: “This is what our socialist/communist justice system thinks is justice. What did this guy do in the first place? We have real criminals getting 13 felonies that are being released back on the streets to steal/rob, sell drugs to little kids … This is why we need to save America right now.”

Trump’s Other Legal Problems

Apart from his two January 6 indictments, Trump, 77, is battling two other incidents that allege he mishandled classified documents and paid hush money to cover up an affair. In total there are 91 criminal charges under the four indictments, and Trump could face decades in prison if convicted.

Eyes Back on the White House

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After losing the 2020 election to Biden, Trump is once again hoping to return to the White House, in next year’s presidential election.

Trump the Frontrunner

Trump, 77, leads the Republican Party pack for its nomination for the 2024 race by a margin of about 50 points, making him the clear favorite for voter selection in primaries in January.

Trump-Biden Rematch?

President Biden is hoping to win a second term as president and is also the clear leader for his party, the Democrats, with about 70 percent support and practically no competition. Should the two men win their parties’ nominations, it would be a rerun of the 2020 race that ultimately led to the deadly insurrection on Capitol Hill.