On Tuesday, a Florida judge sentenced Daniel Baker, an anti-fascist activist, to 44 months in federal prison for social media posts that called for armed defense against possible far-right attacks on the state’s Capitol in the wake of the January 6 riots. Baker, a 34-year-old yoga teacher and emergency medical technician trainee, had no previous criminal convictions and has already been held for 10 months of harsh pretrial detention, including seven months in solitary confinement. He never brought a weapon near a government building; he amassed no armed anti-fascist forces; he made no threats on a single individual.
Baker will, nonetheless, face considerably more prison time than most January 6 defendants, including those who crossed state lines, small arsenals in tow, with the aim of overturning a presidential election….
During his sentencing hearing on Tuesday, Baker’s attorney highlighted the case of a Georgia man who drove to Washington, D.C., with guns and ammunition and sent private texts threatening to shoot Rep. Nancy Pelosi in the head. The Trump acolyte had missed the storming of the Capitol by one day due to car trouble. Like Baker, he was charged with the interstate communication of threats. Unlike Baker, he had a history of hideous, racist online speech, and direct threats. And unlike Baker, he could leave prison soon: He will be sentenced in December and faces between six months to two years in prison; his eight months of pretrial detention will count as time served. Taking into account time served, meanwhile, Baker will spend another 34 months — almost three years — in prison.“Dan’s case speaks volumes about how the state represses the left much differently than it treats the far right,” Brad Thomson, civil rights attorney at the People’s Law Office, who did not represent Baker, told me. “Here, Dan was sentenced to three and a half years for online posts opposing another January 6 incident. But for actual participants from January 6, we’re seeing charges and sentences far below that.” Thomson added that “every case is unique, but the overall message people will get from this is that online speech calling for militant antifascist action will send you to prison for much longer than actually taking militant action with fascists.”