Actor Jay Johnston of ‘Bob’s Burgers,’ ‘Arrested Development’ Gets Year in Prison for Role in Jan. 6 Riot

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A comedic actor who appeared in the movie Anchorman and multiple  TV series including Bob’s Burgers and Arrested Development has been sentenced to a year and a day in prison for his role in the Jan. 6, 2021 attacks on the U.S. Capitol. 

Following his June 2023 arrest, Jay Johnston pleaded guilty to a felony offense of obstructing officers during a civil disorder. As an actor who’s appeared on several hit shows, Johnston was identified quickly among the hundreds of Donald Trump supporters who stormed the Capitol following an inflammatory speech by the outgoing president at the nearby ellipse.

Johnston flew from L.A. to Washington, D.C. on Jan. 5, 2021, according to prosecutors. He admitted that during the attack, he used a police riot shield he’d stolen to form a wall inside a tunnel to fend off approaching law enforcement officers. He also participated in a push with other rioters that pinned a police officer against a door frame.

Prosecutors sought a heftier sentence for Johnston, telling the judge that despite his guilty plea, he was showing no remorse for his actions. As evidence, the federal officials presented the court with images of the actor with “QAnon Shaman” Jacob Chansley, a fellow rioter who was sentenced in 2022 to more than three years in prison. They sought an 18-month sentence for the actor. 

“An 18-month sentence reflects the gravity of Johnston’s conduct, including his spread of disinformation about January 6th and his lack of remorse for participating in the riot,” prosecutors wrote in their memorandum. 

After he was identified as a Capitol rioter, Johnston was fired from Bob’s Burgers, for which he portrayed the titular character’s neighbor and restaurant rival, Jimmy Pesto. Earlier in his career, Johnston was a writer and cast member of HBO’s irreverent comedy Mr. Show with Bob and David and appeared on The Sarah Silverman Program. His attorney told the court that he has been blacklisted by Hollywood since he was identified publicly as a participant in the assault on the Capitol. 

Defense attorney Stanley Woodward told the court that since his arrest, Johnston has worked as a handyman. The actor’s family was present at his sentencing to speak to his character, with his younger brother asking the judge to weigh the career damage Johnston is already suffering when considering his sentence. And his fiancee spoke of the actor’s 13-year-old daughter, who she said is autistic and relies on her father for support. 

In addition to the year and a day in prison, Nichols sentenced Johnston to 40 hours of community service, to be completed within a year of his release. A $2,000 fine was also added as restitution to the architect of the Capitol.

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