JUSTICE IS NOT BLIND: How January 6 Was Weaponized Against Comedian Jay Johnston | The Gateway Pundit | by Tim Hale


JUSTICE IS NOT BLIND: How January 6 Was Weaponized Against Comedian Jay Johnston

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Comedian Jay Johnston in classic Spam commercial

Actor and comedian, Jay Johnston, is still dealing with the fallout from January 6. Over 3 years since American citizens were entrapped, in potentially the greatest false flag in American history, the DOJ continues its political inquisition. Jay Johnston was recently sentenced to a year in prison over his involvement at the Capitol on January 6. But was this just? What’s the full story behind the curious case of Jay Johnston? As with most January 6 cases there’s far more than meets the eye.

Jay Johnston, an entertainment industry veteran, is well-documented as a comedian. If you’re a fan of comedy, you’ve probably seen his work over the years.


Jay Johnston’s famous “The Story of Everest” skit from Mr. Show

Jay Johnston’s life would come to a grinding halt after attending the protest at the US Capitol on January 6, 2021. Not long after, Jay was turned in by his peers. Those he worked with for years, whom he considered friends and confidants, ratted him out to the feds. Jay lost work because of January 6, getting fired from his role on the popular show Bob’s Burgers. Losing friends and work wasn’t the end of it. Jay was, of course, charged by the Department of Justice for his presence on January 6 and has since been smeared as an “insurrectionist”.

Despite accepting a plea deal, Jay is not guilty of the behavior he’s been accused of, and a critical eye would glean this upon examining the actual evidence of the case. Many January 6 cases, for better or worse, end with plea deals, and this prevents the government from being put to its evidentiary burden. As such, the public should understand the true scope of what the feds allege, and how it falls short of reality.

The “Tunnel”

Johnston was accused of taking a riot shield and trying to force his way into the Capitol via the Lower West Terrace Tunnel. This is untrue based on what is actually observable. In criminal law, a defendant’s guilt is often determined via their mens rea – their mental state. A few things need to be understood about the context of where Johnston’s alleged crimes took place.

The Lower West Terrace Tunnel was the site of some of the worst violence on January 6. Many protestors from that day would go on to say that they believed it was a “lobster trap” meant to suck individuals in. Once you were in, it was hard to exit without getting stuck, and some who entered out of curiosity ended up getting hit, sprayed or crushed. Some would be incited by agitators and provocateurs around them.

CCTV camera 0074 synced with cell phone footage

While many point to the death of protestor Roseanne Boyland to explain all the chaos at the Tunnel, the attempted breach happened long before her tragic death. Was the Tunnel a trap? Was the rioting staged to set would-be protestors up? Video shows that the first protestors to enter the Tunnel stood back and waited for the Metro Police to retreat inside before advancing, which is itself odd, but certainly doesn’t lend credence to the narrative that Trump supporters stormed the Capitol to harm police.

CCTV shows photographers moving around rioters for atrocity propaganda shots

The Tunnel area was filled with film crews and photographers, conveniently placed to capture shocking shots of agitators and self-identified communists trying to get Trump supporters murdered, and anarchists assaulting the police for hours before Roseanne Boyland died and protestors rushed to help her. Leftist photojournalist Jon Farina would in fact film a blood-curdling scream before Jay Johnston entered the Tunnel to provide water to those he believed were in distress.

CCTV synced with Jon Farina’s footage, audio of exaggerated screaming

Nicest Rioter Ever

As described in a recent piece from The Blaze, Jay Johnston was handed a police shield inside the Tunnel. He did not steal the shield from police, but was given it to pass forward. Jay then tried to return it to police. At no point did he use this shield to harm either Capitol or Metro PD officers:

During the chaos, Jay was handed a police shield because he’s 6’4” and could easily get it out of there. His girlfriend later joked that Jay was on trial for “being tall.” He passed it over his head to police. – Gavin McInnes

Jay is barely visible on any video at the frontlines of the Tunnel. The government argued that Johnston was culpable in the “heave-ho” action by protestors in the Tunnel. Part of this supposed scheme was the organization of a “shield wall” to push past police. The problem is that the words cited by the government, showing an allegedly organized attempt to form a shield wall and push past police, were by defendant Robert Morss, not Jay Johnston, and there’s no evidence – visual and verbal – that Johnston coordinated this. Defense Attorney Stanley Woodward pointed out the absurdity of blaming Johnston for injuries to police from this “shield wall” or “heave-ho” push, when he was never at the front lines of this assembly nor did he ever make direct contact with police.


Audio synced with CCTV during the “shield wall” maneuver

The prosecution, not content with having already dragged Johnston’s name through the mud or reducing him to a social leper within his social circle, weaponized his very nature as a comedian:

For example, as rioters pushed an orange ladder at the police in the tunnel, he said, “Okay! We’re going to get those light bulbs fixed!” He thinks his participation in one of the most serious crimes against our democracy is a joke. – Assistant United States Attorneys

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This is a joke. Since when are comedians not expected to make light of serious events, even the dark or tragic? When describing what he witnessed in private, in retrospect, Johnston described what many who were present at the Capitol have claimed: January 6 was not coordinated by the vast majority of people present, but rather it escalated into a riot over time:

The news has presented it as an attack. It actually wasn’t. Though it kind of turned into that. It was a mess. – Jay Johnston

Many January 6 defendants wandered onto Capitol grounds long after any barriers were knocked over, fences were torn down, or perimeters were breached. There is plenty of video, not shown to the public or juries by prosecutors, corroborating this. My own personal video shows the crowd on the West Terrace singing “God Bless America”, chanting “USA!” and “Christ is King!” What kind of “insurrectionists” seek to uphold the sacred symbols and institutions of their nation? Jay Johnston’s own videos show he wandered onto Capitol Grounds and no evidence suggests he had any intent to harm officers, cause chaos, or desecrate the Capitol.

Jay Johnston did not assault police with a baseball bat like communist and anarchist rioters blending into the crowd. He did not call for the “shield wall” on any recordings from within the Tunnel. He did not attempt to tear off an officer’s gas mask or engage in any violent behavior towards law enforcement. Jay Johnston, at worst, was caught up in the chaos of the Tunnel after acting as a good Samaritan and trying to help the injured and attempting to return police property. Despite being accused of injuring an officer in the “heave-ho” motion of the Tunnel, Johnston never made direct contact with an officer.

As Judge Trevor McFadden has conceded in prior cases, regarding the use of police shields in the Tunnel during the “heave-ho” event, video suggests the intent of protestors in the Tunnel was largely to push past police and into the Capitol building but not necessarily to harm the cops. Fellow District Judge John Bates made similar observations in deciding to allow State Department appointee Federico Klein out on bond, challenging the overarching narratives of dangerousness and preplanning despite Klein using a riot shield in the tunnel.

Suffering Artist

And yet Jay Johnston has been sentenced to a year in federal prison to make an example out of him. By the assessment of Judge Carl Nichols himself, often considered one of the fairest judges to handle January 6 cases, Johnston was given the sentence he received because he had name recognition:

However, the judge said, “His conduct on January 6th was quite problematic. Reprehensible, really.” He also used his acting career against him, pointing out that it made his behavior “all the more inexplicable and troubling.”

How so? What benefit has his career been to him since losing work, being blacklisted in Hollywood, and being betrayed by his friends and coworkers? Rather than punishing Johnston for his name recognition or past success, a just judge would recognize the severe liability it has been to his family:

Regrettably, Mr. Johnston has not been able to sustain his livelihood as an actor after his involvement at the Capitol on January 6, 2021, and was subsequently publicly dropped from various projects and has effectively been blacklisted by the film and television industry. Chagrined by the scorn he has faced in Hollywood and despite his established successful career as an actor, Mr. Johnston has essentially been blacklisted by Hollywood, and has since not been able to find work in acting. Instead, Mr. Johnston has worked as a handyman for the last two years – an obvious far cry from his actual expertise and livelihood in film and television. – Defense Attorney Stanley Woodward

Unlike with some egregious January 6 cases, Jay Johnston did not benefit from the prosecution he endured. Some defendants have, regrettably, grifted off their prosecution and feigned martyrdom. Johnston is not one of those individuals. He is not an influencer who’s raised millions off the backs of others less fortunate than himself. Quite the contrary. Jay’s fiancé, Sara Radovanovitch, has appeared on The Jimmy Dore Show to discuss the persecution of Jay and the burden placed on their family:

And how many high-profile individuals were at the Capitol and not even prosecuted? Quite a lot, in fact. Some actually entered the Capitol after encouraging others to “storm” the building. Johnston, a man who’s been blacklisted by Hollywood for years, largely working as a handyman instead of acting, with a fiance who has also been blacklisted, and caring for a child with special needs, was sentenced to a year in prison because he was too well-known. Does that make any sense? Should a man endure a greater burden under the law based on who knows him? Bear in mind that Jay Johnston is a comedian, not an officer of the law, nor a prosecutor, nor a lawyer. What separates his station in society from that of a plumber, or a roofer, or a salesman? Does this not violate the principle that justice is blind? Not according to the District Court when it involves January 6 cases.

The truth is that, while several January 6 defendants have tried to make a career from victimhood, most prosecuted by the DOJ have been targeted because the feds know they’re vulnerable and can’t defend themselves. Most who take plea deals do so, not because of actual guilt, but because our justice system prioritizes convictions over justice. Prosecutors and judges bury defendants under legal fees, fears of captivity, social ostracism, and hopelessness. Without work, facing up to a year behind bars pending his surrender to the Bureau of Prisons, with a young daughter to care for, Jay Johnston and his fiancé Sara still have an uphill battle post-sentencing.

If you are able and willing, Jay and Sara could use your support to stay above water. Jay is not the only member of the family with talent. Sara Radovanovitch is a first-generation American and a talented artist. She runs a website and sells prints of her work, including copies of her painting of President Donald J. Trump titled “Unbreakable”.

After visiting President Trump’s Bedminster property, President Trump was so impressed by Sara’s work that he personally signed her painting, which is now up for auction to raise funds for charity to support victims of the January 6 witchhunt.

For full transparency, I am also a former actor and comedian, and this case hits close to home. The DOJ weaponized satire of mine from years before January 6 to deny me bond and sentence me to over twice my sentencing guidelines for non-violent charges. And like Jay Johnston, I also know what it’s like to be betrayed and informed on by those close to me. I must drive the point home to readers that most January 6 defendants – no matter what part of the US they call home, no matter their race, class or creed – have been turned in by friends, family, neighbors, coworkers, etc. The US is so horribly polarized that American citizens take pride in betraying those who love and trust them. Hopefully, this election, the pendulum swings back from political persecution, and God willing, Americans can reunite. Or this will never stop.

Photo of author

Tim Hale
Tim Hale is a former Army administrator, Navy security contractor, satirist of 20 years, and spent 3 years as a Biden-Harris political prisoner following January 6. His family founded Patriot Freedom Project to support the struggling families of J6 defendants. He now writes and speaks on behalf of those left behind from the DC Gulag.

You can email Tim Hale here, and read more of Tim Hale’s articles here.

 

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