Trump The Terrorist? Jan. 6 Criminal Referral Sentencing Implications, Viewed Through The Lens Of The Recent Croft/Fox Michigan Militia Sentencings.

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Well, January is shaping up to be an all Allenbaugh affair.  Although we finished our marathon session on December’s metric ton of high-profile federal sentencings, there was one other bombshell that we couldn’t leave untouched:  Congress’s criminal referral to the Dept. of Justice of the former  president, Donald J. Trump, on a series of alleged federal crimes surrounding his involvement in the attempted overthrow of our government.

Yes, the presumption of innocence attaches, but if you are curious as to the possible sentences Trump could face if incited and convicted, this episode is for you.

Perhaps the most serious aspect of these allegations concerns the possible application of the “terrorism enhancement” in the United States Sentencing Guidelines.

We look at the enhancement and its application to another set of serious sentencings last month: the Michigan militia members convicted in the plot to kidnap Michigan’s governor, Gretchen Whitmer.  Both of these men received the terrorism enhancement and could have each received life sentences.  But would such a thing apply in Trump’s (hypothetical) case?


  • Explaining the specific federal charges referred for prosecution;
  • Guideline analysis of each charge and terrorism enhancement;
  • Looking at the current 1/6 prosecutions for guidance;
  • Applying this in context of recent sentencing of Michigan militia/Whitmer kidnap case;
  • A discussion of “the trial penalty”;
  • Continuing to bang the drum of the life expectancy analysis;
  • The fate of another Michigan defendant, Ty Garbin, who pled guilty early, cooperated fully, and presented a powerful redemption story to the judge at sentencing (spoiler alert, he was home for Christmas);
  • How to handle “sentencing disparity” arguments after going to trial;
  • Predictions about whether a 1/6 indictment really happens for Trump, including whether he would be “remanded” to custody upon arrest.


MARALAGO-ING TO PRISON? This isn’t first rodeo when it comes to possible Trump Sentencings.  If you haven’t watched or listened to “Maralagoing to Prison?”, Ep. 12, Check it out:



TY GARBIN SENTENCING VIDEO:  We talked about Michigan Kidnap defendant, Ty Garbin and referred to the sentenicng mitigation video I produced for that case.  While the two defendants convicted at trial received 16 and 19 years, Ty’s sentence is already finished. You can watch his sentencing video here:

We also talked about an incredible organization, Parents For Peace, feature prominently in Ty’s video, that can assist when you or a loved one falls down the rabit hole of radicalization:

Lastly, MARK’S SPIFFY CHARTS:  As always, if you just doing the audio version of the podcast, you may want to check out Mark’s great charts. Here they are:

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