Ty Garbin
It’s a fact of life that prosecutors offer leniency to small fish in order to catch bigger fish.
So far the rightwing militia plot (details here) to kidnap Michigan Gov. Gretchen Whitmer, a Democrat, has produced jury verdicts against two ringleaders, guilty pleas by two followers, and two acquittals in federal courts. Eight other conspirators are awaiting trials in state courts in connection with the plot.
One of those who pled guilty, Ty Garbin, 26, was sentenced to 75 months in federal prison, but prosecutors will ask a judge to chop his sentence nearly in half because he has cooperated with investigators and testified against others involved in the plot.
Garbin had no prior criminal record, which helps make the case for leniency, but was a significant participant in the crimes committed. Even so, he was a follower (small fish), not a ringleader (bigger fish).
This was a difficult case for federal prosecutors, and Garbin was a key witness perhaps vital to getting the ringleader convictions (which may yet be overturned due to trial issues).
Assuming the judge upholds the terms of Garbin’s deal with prosecutors, he’ll get 39 months. I wouldn’t call that lenient. The original 75 months was more time than given to any Capitol rioter so far, including one who threatened to kill his own family if they turned him in. Cutting time off Garbin’s sentence also is justified by the risks he took to cooperate with authorities. Inmates don’t like tattlers, and he may have to be kept in segregation for his safety, which is a harder way to do time.
Being able to offer deals in exchange for cooperation is not only a valuable tool for breaking open cases, but also plays a deterrence role. Conspiracies are less likely to get legs if the participants worry about the others turning state’s evidence. Planting that seed of distrust can break apart these groups before they get very far.
So I would go along with the practice where it’s a valuable investigative and prosecution tool and helps discourage carrying out criminal schemes.
By all appearances, this group acted on their own, not in furtherance of a larger scheme, nor at anyone’s behest; and the plot was motivated by Covid restrictions, not anger over the 2020 election. But it occurred against a backdrop of rising anti-government threats and violence, and law enforcement officials characterized it as “domestic terrorism.”
With our democracy in danger, and extremist militias becoming more aggressive, I want to see vigorous prosecution and stiff sentencing of individuals who cross the line into political violence. I’d like to see the ringleaders of this kidnapping plot, violent Capitol rioters, and the zip-tie guys (photo below) put away for long years in order to send a message that political violence won’t be tolerated.
For example, federal prosecutors are asking for a 17½-year sentence for Thomas Webster, an ex-NYC cop who assaulted Capitol police during the Jan. 6 riot. Republicans talk absurdly about “taking our country back,” but this is how we take our country back from the lawless elements who want to overthrow our democratically-elected government.
