UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

)

UNITED STATES OF AMERICA )

) Criminal No.: 21-227 (JEB)

v. )

Defendant Andrew Bennett, through undersigned counsel, respectfully submits his

Memorandum in Aid of Sentencing.

Background

Mr. Bennett was arrested on January 26, 2021, pursuant to a criminal complaint charging

him with Knowingly Entering or Remaining in a restricted building or grounds without lawful

authority in violation of 18 U.S.C. § 1752 (a)(1)(2)(3) and (4) and Disorderly Conduct on Capitol

Grounds in violation of 40 U.S.C. § 5104(e)(2)(D) and (G). The charges were based on his

conduct relating to his entry into the United States Capitol building on January 6, 2021. Later

that day he appeared for initial appearance in Magistrate Court. The government did not seek

pretrial detention, and Mr. Bennett was released on his personal bond.

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$5,000 and a special assessment of $10. Dollars. The United States Sentencing Guidelines do

not apply and Supervised Release is inapplicable.

ARGUMENT IN SUPPORT FOR A SENTENCE OF PROBATION

Mr. Bennett is before the Court facing his sixth criminal conviction. However, his prior

criminal history is dated. His first conviction took place almost two decades ago in 2003. Mr.

Bennett had just reached adulthood when he was arrested and charged with theft. His last

conviction took place over eleven years ago in 2010 when he was twenty-five years old. Since

his arrest on March 25, 2010, Mr. Bennett has not had a single contact with law enforcement.

remorseful, full of contrition and ready to apologize and make amends for his conduct.

Up until November 2020, Mr. Bennett had never engaged in bitter partisan politics.

Throughout the majority of his adult life he never pursued or espoused conservative or right wing

extremist views. Regrettably, Mr. Bennett like thousands and hundreds of thousands of

American citizens felt prey to a pervasive, destructive and false message emanating from the

most powerful political pulpit in the United States. Donald Trump from the time he ran for the

presidency campaigned on grievances. He created a false dichotomy between urban elites and

mostly rural and suburban whites who had been left behind during the eight years of the Obama

presidency. His more truculent and personal grievance focused on the unsupported allegations

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that he was victimized by the established political system. He also railed that many people,

mostly undocumented immigrants, voted against him when they didn’t even have the right to

protected itself, but not the citizens of our country. Their victories have not been your victories.

Their triumphs have not been your triumphs, and while they celebrated in our nation's capital,

there was little to celebrate for struggling families all across our land. That all changes, starting

right here and right now, because this moment is your moment --- it belongs to you.

He highlighted that “The forgotten men and women of our country, will be forgotten no

longer.” And that the “American carnage stops right here and stops right now.” The message of

grievances continued unabated through and after the campaign for the 2020 presidential election.

After he lost the election, Donald Trump would not accept defeat. Instead, he doubled down on

his claims of fraud, corruption, and the influence of outside players among other unsupported

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available at https://www.usatoday.com/story/news/politics/elections/2016/2016/10/16/rigged-election-chorus-

available at https://www.usatoday.com/story/news/politics/elections/2016/10/18/donald-trump-rigged-election-

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continue the fight to “Stop the Steal”.

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Mr. Bennett, like many hundreds of thousands, actually millions, of republicans were

captive audience was that American democracy was in peril. To redress the vulnerability and the

stolen election Donald Trump called for action. Specifically, he called on his millions of

supporters to travel and demonstrate in Washington, D.C. on January 6, 2021. Mr. Bennett

answered that call.

Mr. Bennett left his house at about six in the morning to show is his support for Donald

Trump. Mr. Bennett could not have anticipated what was destined to happen. He was coming to

the Washington mall to participate in a march and demonstration that are frequent in

Washington, D.C. Mr. Bennett never intended to participate in violent conduct and to enter the

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See generally “Senate's McConnell says Trump has right to probe election 'irregularities'” available at

See generally “Trump and his allies filed more than 40 lawsuits challenging the 2020 election results. All

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Mr. Bennett was not in the Capitol with a conspiratorial agenda. On January 6, 2021, he

peaceful transfer of power. Upon seeing the broken barricades, the acts of violence against law

enforcement, and hearing the violent chants, he should have immediately turned around and gone

home. He should have listened to his conscious and understood that what was taking place

around him was the antithesis of peaceful assembly or freedom of speech.

Mr. Bennet did not leave but instead walked inside the Capitol and began to video record

what was taking place. However, unlike others who exhorted verbal assaults on politicians, and

assaults and threats against police officers, Mr. Bennett pleaded with others to remain peaceful,

to not harm the police and not destroy property. In the tumult of the chaos and violence inside

the Capitol, there were few people who acted and try to reason with others as Mr. Bennett did.

However, none of his good conduct justifies his illegal act of entering the Capitol in the first

place.

the residence he shares with his mother. He immediately knew they were at his residence because

of his entry inside the Capitol on January 6, 2021.

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D.C., how he traveled there, where he went after parking his car, and where he met up with the

participation in the terrible events that unfolded in the Capitol. Mr. Bennett willingly provided

his cell phone to the agents and fully cooperated with them.

his participation, even within the limitations of his conduct, was part and parcel of one the ugliest

events in the history of the United States. His actions in tandem with others was nothing less than

an insurrection or riot at the seat and heart of American democracy. Once inside he witnessed

events that shocked him, including assaults on police and destruction of property. He also heard

the echo of the aggressive and threatening chants that resembled an unhinged mob.

The government has pointed out that “it is unclear whether he expressed remorse to the

U.S. Probation Officer who prepared the presentence report.” As an initial matter, the United

States Probation Officer during a PSR interview does not ask a defendant if he or she wants to

the statement of offense. As a general policy, undersigned counsel will advise clients that there is

no need to elaborate on accepting responsibility. By the point, the statement of offense has been

construed against Mr. Bennett. The government is correct that Mr. Bennett very early decided

that he wanted to plea guilty. He did not need to review discovery, which was voluminous,

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because he was inside the Capitol, he knew what he had done and he wanted to acknowledge his

As he told the government, he wants to “get past” this terrible episode which has had an

outsize effect on his life. His decision to enter the Capitol has upended his life. Not long after he

inside the Capitol became ubiquitous. Every court appearance and court filings have been

reported in the media. It will be a while before Mr. Bennett regains the anonymity he had before

January 6, 2021.

Notwithstanding the infamy he’s brought on himself, Mr. Bennett has been the same

hardworking motivate person that he’s been throughout his life. Mr. Bennett devotes a lot of his

time to help with the care of his mother because of the medical conditions referenced in the PSR

¶ 48. Similarly, he has demonstrated to be a nurturing and committed father. He welcomes his

parental obligations and has ensured that his son is never in need of financial and moral support.

Mr. Bennett has also overcome difficult personal hardships. PSR¶ ¶ 55-57. Some of the

hardships were beyond his control and were conditions that surfaced unexpectedly. PSR ¶ 55.

Similarly, the frightening incident documented in the PSR ¶ 53 took a significant toll on his

physical and mental health. Mr. Bennett also demonstrated a lot of resilience and commitment in

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employment history. Mr. Bennett began working and learning vocations form the time he was in

Mr. Bennett was employed prior to January 6, 2021 and he has remained employed.

put this regrettable episode behind him. An important step in that direction was his guilty plea to

his criminal conduct. His decision was based on the simple fact that he participate in an awful

responsible and law-abiding behavior. On account of the totality and circumstance of his life and

pursuant to the applicable sentencing statutes, Mr. Bennett respectfully requests that the Court

sentence him to a term of probation.

Given his employment obligations, his care for his mother and son, undersigned counsel

does not believe that home confinement is necessary or warranted. The conviction, the notoriety

of the case, the requirements of supervision are encumbrances that amount to a “sufficient and

not greater than necessary” sentence. Moreover, from the time he appeared in Magistrate Court

on January 26, 2021, Mr. Bennett has demonstrated impeccable compliance with the

requirements of pretrial release.

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CONCLUSION