WASHINGTON — A Hollywood actor known for his roles in films such as “Anchorman” has received a sentence of one month and one day for his involvement in the January 6th storming of the U.S. Capitol.
Jay Johnston was arrested in June 2023 and pled guilty in July to a felony charge for obstructing a police officer during a civil disturbance. Prior to his arrest, Johnston was already recognized as a participant in the Capitol riot, resulting in professional repercussions like losing his role as the voice of “Bob’s Burgers” long before any legal actions were taken against him.
Federal prosecutors are requesting a sentence of 18 months in federal prison for Johnston. They included a photo of him dressed as the “QAnon Shaman,” Jacob Chansley, in their sentencing memorandum, highlighting his mockery of the riot two years later at a Halloween party.
On January 6, 2021, Johnston spent around 10 minutes in the Capitol’s Lower West Tunnel, where significant violence occurred. Prosecutors noted that during this time he assisted several fellow rioters who had been affected by OC spray, used a stolen police riot shield to form a barrier against law enforcement, and was involved in a push that left Metropolitan Police Officer Daniel Hodges pinned against a door frame.
While Johnston was aware of the violent chaos that day, federal prosecutors indicated that he later downplayed the seriousness of the events. In messages to friends and family, he claimed the media had exaggerated the situation and described it as a “hoax” orchestrated by law enforcement and Antifa.
In a sentencing memo, Johnston’s attorney, Stanley Woodward, argued that the government had inflated Johnston’s involvement in the incident. “Mr. Johnston is a well-known actor using his platform to express his views,” Woodward stated.
Having found success in Hollywood as an actor, writer, and producer—most notably as the voice of Jimmy Pesto Sr. from “Bob’s Burgers” and as Officer Taylor in “Arrested Development”—Woodward expressed that Johnston has struggled to find work following his Capitol involvement. He pointed out that Johnston has been effectively blacklisted in the industry and has been working as a handyman for the last two years.
Prosecutors presented evidence that before the Capitol attack, Johnston urged an acquaintance to bring supplies for a “celebratory event” on January 6.
Johnston confirmed his attendance at a rally the evening prior to the Capitol event, which featured conspiracy theorist Alex Jones. He documented himself bypassing an “area closed” sign on January 6, during which he filmed surroundings as violence erupted and noted the police response.
Footage taken by Johnston indicated that he witnessed the rioters pushing metal “Trump” signs at police lines while dismissing the officers’ actions as intimidation. He later joined in efforts to breach police lines, pushing bike racks toward officers and engaging in violence.
During his time in the Lower West Tunnel, Johnston used a stolen police shield and participated in a coordinated push against the police. This contributed to the dangerous circumstances that led to Officer Hodges being pinned against a crowd in the tunnel.
Prosecutors claimed Johnston joked as the mob attacked law enforcement and proclaimed, “I got it! I need my light bulb repaired!” while others within the crowd escalated the violence by pushing a ladder against officers.
To date, over 1,500 individuals have been charged in connection with the Capitol riot, with more than 1,100 convictions secured by federal prosecutors. Notably, over 600 of those prosecuted include leaders of the Proud Boys who were convicted of seditious conspiracy, with sentences varying widely from a few days to 22 years in federal prison.
Recent arrests have continued, including individuals involved in assaulting police officers during the riot.
