Garret Miller Sentenced to 38 Months for Capitol Riot & Threatening Rep. Ocasio-Cortez

Garret Miller, 36, was sentenced to 38 months in prison Wednesday for assaulting police officers during the US Capitol riot and threatening Rep. Alexandria Ocasio-Cortez on Twitter shortly after the attack.[0] Miller pleaded guilty to all of the counts in December 2022, and was also sentenced to 36 months of supervised release.[1]

The Justice Department said that, until his arrest on Jan. 20, Miller continued to brag about his actions during the riot and expressed a desire to find the police officer who shot and killed a pro-Trump rioter and “hug his neck with a nice rope.”[2]

Miller traveled to Washington D.C. to stop the certification of the 2020 election results and brought rope, a grappling hook, a mouth guard and a bump cap to the Capitol, according to the Justice Department’s press release.[3] The department reported that Miller's behavior on the East Front of the Capitol was so disruptive that he was taken into custody twice, with the second time resulting in him being handcuffed.[3]

On the evening of Jan. 6, 2021, Miller posted a response to Ocasio-Cortez's social media post that read “Impeach,” saying “Assassinate AOC.”[4]

In a statement to CNN, Clint Broden, Miller's lawyer, noted that the sentence “demonstrates Judge Nichols' thorough examination of the case,” and added that his client “has expressed his regret for his conduct.”[5]

The defense attorney of Miller requested the judge to assign time served as punishment, while the prosecutors were asking for a four-year prison sentence.[1] The federal government stated that a more severe punishment was justified, partly due to his threat against Representative Alexandria Ocasio-Cortez of New York.[6]

Broden argued that “cult leader” rhetoric from then-President Donald Trump contributed to Miller's actions.

Broden stated that, although we cannot forget that Garret is accountable for his choices on that particular day, his behavior and the behavior of several others were a result of the propaganda of an unscathed cult leader.[1]

Miller was found wearing a shirt with an image of Trump and the words “I was there, Washington, D.C., January 6, 2021” at the time of his arrest.[7]

0. “Capitol rioter who tweeted threat to Rep. Ocasio-Cortez sentenced to 38 months in prison” kuna noticias y kuna radio, 23 Feb. 2023,

1. “Texas man gets 3 years for Capitol riot, AOC threats” WGMD Radio, 23 Feb. 2023,

2. “Jan. 6 rioter who threatened Ocasio-Cortez sentenced to 38 months in prison” WTOP, 23 Feb. 2023,

3. “Jan. 6 rioter who called for Ocasio-Cortez’s assassination sentenced to over 3 years in prison” Yahoo News, 23 Feb. 2023,

4. “Texas Man Sentenced to Prison For Actions During Jan. 6 Capitol Breach – Defendant Engaged in Multiple Physical …” Sierra Sun Times, 22 Feb. 2023,

5. “Capitol rioter who tweeted threat to Rep. Ocasio-Cortez sentenced to 38 months in prison”, 22 Feb. 2023,

6. “Jan. 6 Rioter Who Threatened Rep. Ocasio-Cortez Sentenced to 38 Months in Prison” NECN, 23 Feb. 2023,

7. “Texas man sentenced to 38 months for assaulting police in U.S. Capitol riot” UPI News, 23 Feb. 2023,

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