Adam Johnson, Capitol rioter photographed with Pelosi's podium, should get 90 days in prison, prosecutors say

Adam Johnson, a Tampa man who attended the Capitol riot on January 6, 2021 and temporarily stole Nancy Pelosi's lectern for a "photo op," should spend 90 days in federal prison, federal prosecutors said.

The U.S. attorney for the District of Columbia wrote in a sentencing memo that Johnson should be sentenced to to 90 days' imprisonment, one year of supervised release, a $5,000 fine, $500 in restitution, and 60 hours of community service.

Johnson pleaded guilty to entering and remaining in a restricted building or grounds, a Class A misdemeanor, following his involvement in the siege on the Capitol building last year. 

Evidence shows Johnson recorded a video of rioters assaulting and disarming police officers outside the Capitol, prosecutors said. He breached the building alongside rioters who were entering through a smashed window and tried to open a door he believed was to Pelosi's office, shortly after her staffers had barricaded themselves just across the hall, according to the court document. 

Johnson then allegedly stole and carried the House speaker's podium to the Rotunda for a "photo op."

He destroyed evidence by deleting videos and photographs from his cell phone as well as his entire Facebook account, and in the days following the insurrection, he texted friends and family about the riot and bragged that he "broke the internet," prosecutors say. 

In the texts, he allegedly wrote he was "finally famous" – apparently referencing the photo of himself carrying the podium that went viral. Several memes were birthed from the image, with many dubbing Johnson "Chip Gaines" for his resemblance to the former HGTV star. 

Johnson claimed he entered peacefully and was not an agitator. "I truly believe it was my responsibility as a citizen," he said, according to the document.

The prosecutors also say Johnson wants to "profit from his illegal conduct" and publish a book. "It is of course a basic premise that a criminal defendant should not profit from violating the law," the memo reads, adding that Johnson and his family already have a favorable financial situation, as his wife is a doctor and he has not had to work for 11 years. 

"Surely, then, he can afford a substantial fine to reimburse taxpayers for his part in the mob that caused significant damage to the United States Capitol and has resulted in enormous burdens on the criminal justice system," the memo reads. 

Johnson's lawyers have asked the court to review his case. In court documents, his lawyers said "he deeply regrets his participation in the breach of the U.S. Capitol on January 6, 2021," and that the "damage and violence inflicted on that date by others is contrary to everything he believes in."

"He has no history of violence and does not condone it. While his actions on January 6, 2021 did not involve the destruction of government property or physical violence against law enforcement, he understands that his entry in the U.S. Capitol, at times yelling and screaming, exacerbated a terrible situation," the document reads.