A veteran comedian known for his roles in “Mr. Show,” “Arrested Development,” “Bob’s Burgers,” and “Anchorman: The Legend of Ron Burgundy” has pleaded guilty for his involvement in the January 6, 2021, attack on the U.S. Capitol. Jay Johnston, dressed in a gray suit, admitted to a felony offense of obstructing officers during a civil disorder. When asked by U.S. District Judge Carl Nichols how he pleaded, Johnston responded, “Guilty.” The judge scheduled a sentencing hearing for October 7, with federal prosecutors required to submit their sentencing memo by September 30 and the defense by October 3.
Following his arrest, Johnston was indicted by a federal grand jury alongside four other defendants involved in the January 6 events. The government alleged that all five men participated in the violent confrontation at the lower west tunnel leading into the Capitol, a site of intense rioter-on-law-enforcement violence. The FBI claimed that video footage showed Johnston handing a stolen U.S. Capitol police shield to other rioters and participating in a group assault on officers protecting the tunnel.
Johnston was listed as No. 247 on the FBI’s Capitol Violence website, which features photos of some of the most wanted rioters from the attack. According to the FBI, a lawyer representing Johnston contacted the FBI’s National Threat Operations Center in March 2021 to identify him. The bureau also spoke with three of Johnston’s associates, one of whom provided a text message confirming his presence at the Capitol on January 6. In the text, Johnston wrote, “The news has presented it as an attack. It actually wasn’t. Thought it kind of turned into that. It was a mess. Got maced and tear gassed and I found it quite untastic.”
Johnston faced professional repercussions long before he was charged. The character he voiced on “Bob’s Burgers,” Jimmy Pesto Sr., was written off the show due to his involvement in the Capitol attack, as reported by the Daily Beast in December 2021. The character was later revived with a different voice actor.
Earlier in his Hollywood career, Johnston frequently portrayed police officers, including roles on “The Sarah Silverman Show” and “Arrested Development.” He is also known for his role in Mr. Show’s “The Story of Everest” sketch, where he played a man who repeatedly fell into shelves of thimbles after returning home from climbing Mount Everest. Additionally, Johnston played a member of Wes Mantooth’s news crew during the epic battle scene in “Anchorman.”
In the more than three and a half years since the January 6 attack, the FBI has made over 1,400 arrests and secured more than 1,000 convictions. While hundreds of low-level defendants have been sentenced to probation, more than 540 prison sentences have been handed out, ranging from a few days behind bars to 22 years in federal prison for Enrique Tarrio, the former Proud Boys leader convicted of seditious conspiracy.
The Supreme Court’s recent ruling on the obstruction of an official proceeding charge, used against hundreds of January 6 defendants, is expected to have a significant impact on many of these cases. The government has less than a year and a half to charge hundreds of identified rioters before the statute of limitations expires in early 2026.
Johnston, a Chicago native, began his comedy career by performing improv at The Second City and Annoyance Theater in Chicago before moving to Los Angeles. Three current or former associates of Johnston identified him as a riot suspect from photos published by the FBI. One of these associates provided investigators with a text message in which Johnston acknowledged being at the Capitol on January 6.
In addition to Johnston, a Texas woman named Dana Jean Bell also pleaded guilty on the same day to assaulting a Metropolitan Police Department officer during the January 6 riot. Video footage captured Bell cursing at officers inside the Capitol and grabbing an officer’s baton. Bell, 65, of Princeton, Texas, also assaulted a local television journalist outside the Capitol. She faces a maximum sentence of eight years in prison, with her sentencing scheduled for October 17.
The Justice Department has prosecuted more than 1,200 criminal cases related to the January 6 Capitol assault. Over 700 individuals have pleaded guilty to various charges, and many more have been convicted. The Supreme Court’s recent decision in favor of a former Pennsylvania police officer charged with obstructing an official proceeding could affect the ongoing prosecutions of nearly 250 defendants charged with obstruction for their participation in the January 6 assault.
The government has recovered only a fraction of the court-ordered restitution payments for repairs, police injuries, and cleanup of the damage caused by the rioters. Former President Donald Trump has publicly pledged to pardon January 6 defendants but has not specified whether he would also seek to commute their restitution payments.
Source: NBC News, CBS News
