Proud Boy Sentence Upheld

The District of Columbia Court of Appeals rejected contentions by the National Chairman of the Proud Boys regarding his guilty pleas in Superior Court

Appellant Henry Tarrio contends the trial judge who presided over his guilty pleas and sentencing should have recused himself sua sponte due to facts giving rise to an impermissible appearance of bias. Appellant asserts the appearance of bias arose from the judge’s past relationship with the church whose property appellant was convicted of destroying, and was manifested by certain adverse rulings by the judge at sentencing. We reject appellant’s contention, both because he waived it by expressly declining the judge’s offers to recuse himself, and because the judge’s relationship with the church and rulings do not show any appearance of bias. We thus affirm appellant’s convictions.

During the online plea the trial judge disclosed

Specifically, the judge explained, his oldest daughter (who was “almost 40 now”) was baptized at the church, and he and his family “attended [the church] with some regularity when she was young,” though he had not “really had any affiliation with the church” since then. The judge stated that he was “perfectly willing” to recuse himself if this past relationship concerned appellant, that it was “perfectly understandable that [appellant] might want another judge” under the circumstances, and that “many” other judges were available to handle the disposition of appellant’s case. Leaving the decision to appellant, the judge offered appellant the opportunity to confer with his attorney, “off-line” and thus outside the judge’s presence, about whether he wanted another judge to take his guilty plea and impose sentence.

Appellant declined to accept Judge Cushenberry’s offer to recuse himself.

The recusal demand came after sentence had been imposed.

Not until nearly two weeks after Judge Cushenberry imposed sentence did appellant move for his disqualification.

Associate Judge Glickman authored the opinion joined by Associate Judges Easterly and Deahl. (Mike Frisch)