NJ Capitol Rioter's Attorney Seeks Leniency In Sentencing

NORTH JERSEY — Scott Fairlamb, one of the people involved in the Jan. 6 Capitol riot, has his upcoming sentencing scheduled on Nov. 10 for two charges to which he pleaded guilty, assaulting a police officer and obstruction of an official proceeding.

Assistant United States Attorneys Leslie A. Goemaat and Gauri Gopal filed the sentencing memorandum for Fairlamb’s case this past Wednesday, recommending 44 months in prison, followed by three years of supervised release, along with “$2,000 in restitution, a fine and the mandatory $100 special assessment for each count of conviction,” according to the memorandum.

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This is whittled down from the time initially recommended by Goemaat in August, 51 months.

Fairlamb’s attorney Harley Breite told Patch on Thursday in a phone interview, he disagreed with the terms and “we will be arguing less than 44 months, given the totality of what he did on Jan. 6.”

Breite said Fairlamb - who lived in Sussex County’s Stockholm for a year before the incident - will additionally be credited the time he has served so far since February.

He also called the conditions “nothing but deplorable,” for Fairlamb and others currently incarcerated for their participation on Jan. 6, he said. Breite reported to Patch in June that Fairlamb spends 23.5 hours daily in his cell, something he said has not changed. He stressed several times in interviews and court that he has represented death row clients, who have had more time out of their cells each day.

However, in a newer development, Breite said he’s finally been able to meet in person with Fairlamb, something he said he’d been unable to do for the majority of time representing him.

In Goematt and Gopal’s memorandum, they detail at about 2 p.m. on Jan. 6, as Congress’ joint session was taking place about the vote count for the 2020 Presidential Election, Fairlamb, they said, was “documented” for his role “through a series of videos provided to the FBI by concerned citizens, body worn cameras from the Metropolitan Police Department, open-source video and surveillance footage from inside of the Capitol.”

As part of the day, he first was with a group at the Lincoln Memorial, before he made his way to the Capitol Building’s western face, where he climbed scaffolding, the memorandum states, with video stills from Fairlamb and other sources. He was then part of a group that pushed through barricades, with still images showing Fairlamb grabbing a police baton from the ground, which he later carried and created a video where he stated to “f***in’ disarm them and then storm the f***in’ Capitol.”

After taking selfies with the baton and a pepper ball in his mouth that hadn’t been detonated, the memorandum has an image of Fairlamb entering the Senate Wing Door, along with others, carrying the baton, though he left a few minutes later, against the crowd.

Fairlamb, the memorandum further detailed, then headed to U.S. Capitol Police officers “who were attempting to prevent rioters from entering through the Parliamentarian door,” which Fairlamb said during a Sept. 30 interview, he was asking them if they’d like water, images later showing him taking officers around a corner of the building. More than one officer interviewed confirmed Fairlamb did offer them “water and offered to help get them out of the area,” one stating he “told other people to leave the officers alone,” according to the memorandum.

“People in any country should be leery to draw final conclusions of truth based upon what they read or see,” Breite said.

However, events took a turn when Fairlamb turned on a group of officers, which Breite described were events that “went awry” when Fairlamb “made a bad decision,” which led to his shouting obscenities at officers, before sticking his finger in the face of an officer only identified as “Z.B.,” as well as punching his face shield, captured on the officer’s body worn camera.

The memorandum alleges that “Fairlamb appeared to subscribe to the QAnon conspiracy theory, that he traveled to Washington D.C. prepared to commit violence and that in the days following Jan. 6, he had no remorse for the events that occurred.”

Breite countered that with a statement to Patch on Thursday, “My client has expressed sincere remorse for his actions and is looking forward to proving to his family and friends that this mistake doesn’t define who he is.”

When asked about Fairlamb’s brother, who worked with the Secret Service for former First Lady Michelle Obama, Breite replied that Fairlamb “has purposely not engaged or involved his brother in any manner, to ensure the integrity of his brother’s important position.”

The memorandum, claims in statements by Fairlamb made on his social media accounts, obtained by a search warrant, that he planned his trip to Washington D.C. on Jan 5, 2021, stating “all h**l is going to break loose tomorrow,” blaming first entry into the Capitol on “Antifa;” and that on the day he was there and after, he believed former President Donald Trump would become “first President of the new Republic” on March 4, 2021.

Goematt and Gopal also described Fairlamb in their memorandum as having “a history of violent threats,” having included a social media post made on his now deleted @FairlambFit Instagram account, with statements he reportedly made to Democratic Congresswoman Cori Bush from Missouri’s 1st District, which they described as promoting “other violent and threatening posts directed at Congresswoman Bush,” including “you’re full of s**t, shoulda lit your a** up,” after she walked with Black Lives Matter protestors through a St. Louis neighborhood, where residents Mark and Patricia McCloskey waved guns, after the couple claimed they were threatened.

When asked about Goematt’s and Gopal’s inclusion of this post into their memorandum, Breite replied Fairlamb was never charged for statements made to Bush, describing issues like that one as “extraneous,” to Fairlamb’s sentencing.

Questions or comments about this story? Have a news tip? Contact me at: jennifer.miller@patch.com.