Auburn-area Proud Boy, convicted seditious conspirator asks for light sentence

Ethan Nordean's attorneys want him to serve less than two years behind bars for his actions during the U.S. Capitol insurrection on Jan. 6, 2021.

They're asking for a sentence of 15 to 21 months; the government, according to Nordeans' attorneys, is asking for 324 to 405 months.

Nordean has been convicted of seditious conspiracy, among other federal charges, along with four other members of the Proud Boys. Proud Boys national chairman Enrique Tarrio was among them, though Tarrio was arrested two days before the insurrection. That left Nordean to lead rioters on the day of the attack.

That's not how Nordean's sentencing memorandum, filed on Wednesday, describes it.

Rather, his attorneys argue "the government cannot distinguish his conduct from that of hundreds of parading and demonstrating protesters — on a factual plane."

In fact, Nordean's attorneys wrote, "in many instances, the conduct of misdemeanants was more disruptive than Nordean’s."

The memo notes a number of people charged with misdemeanor offenses for their actions at the Capitol, claiming "the government could have pulled the defendants’ pre-January 6 text messages and characterized plans to protest in D.C. as a 'conspiracy,' as it did with Nordean."

"When the government does distinguish Nordean’s actions from any other January 6 defendant’s, it relies on characterization, not facts, and it relies on abstract words, not words that point to concrete things," according to the memo. "It does rely on one concrete fact: Nordean belongs to a political organization targeted by the government."

The political organization referred to is the Proud Boys, a far-right militant group. The Southern Poverty Law Center has designated it a hate group. In addition to their part in the Capitol insurrection, members of the Proud Boys have appeared alongside other hate groups at extremist gatherings such as the “Unite the Right” rally in Charlottesville, Va., which included Neo-Nazis and militias.

The group is also known for its use of violence. In his book "The Age of Insurrection: The Radical Right's Assault on American Democracy," David Neiwert described Nordean himself as a "street brawler" who was "among the first through" police barricades on Jan. 6; Neiwert is an author and journalist who has covered far-right extremism in the region for more than 40 years and who has encountered Nordean at other demonstrations.

Despite his activities with the Proud Boys, his attorneys noted in the sentencing memo that Nordean has no criminal history, and therefore, he deserves a lesser sentence than the government has proposed.

Nordean also intends to "express sincere remorse for his contribution to the chaos at the Capitol."

"Nordean deeply regrets his decision to enter the restricted area and the Capitol Building and to disobey orders from law enforcement to turn around," according to the memo. "His presence there and the members of his marching group contributed to the distress of outnumbered law enforcement officers, members of Congress, and their staff, he offers them his sincere apology. Nordean will personally demonstrate remorse at sentencing in his allocution."

Nordean has already placed blame for the insurrection squarely on former President Donald Trump, who now faces federal charges for working to overturn the results of the 2020 election in the run-up to the attack on the U.S. Capitol.

He lashed out against Trump in a Proud Boys chat on Telegram that was recounted in Neiwert's "The Age of Insurrection": "Alright I’m gunna say it. F*** TRUMP! F*** him more than Biden. I’ve followed the guy for 4 years and given everything and lost it all. Yes he woke us up, but he led us to believe some great justice was upon us... and it never happened, now I’ve got some of my good friends and myself facing jail time cuz we followed this guys lead and never questioned it."

He did not disavow the movement, however.

“This is a very fragile time for the club, but we must be more vigilant than ever, not just for those that look up to us in the club,” Nordean wrote in the chat, as recounted in Neiwert's book. “We are on the brink of absolute war.”

Court records show Nordean and his co-defendants are due in court again on Aug. 29.

Read Nordean's full sentencing memorandum below.