Opinion by Jennifer Rubin

U.S. District Judge Randolph D. Moss sentenced Paul Allard Hodgkins to eight months in prison on Monday for his participation in the Jan. 6 insurrection. Hodgkins was captured on video tramping through the Senate chambers with a giant Trump flag.

Moss declared, “Democracy requires the cooperation of the governed. When a mob is prepared to attack the Capitol, to prevent our elected officials from both parties from performing their constitutional and statutory duty, democracy is in trouble.” He continued: "The symbolism of that act is unmistakable. In that act, he captured the threat to democracy that we all witnessed that day. … People have to know that assaulting the United States Capitol and impeding the democratic process, even if you don’t come bearing arms, will have consequences.”

Moss thoroughly rejected the notion that this was an act of free speech, noting, ”There were people storming through the halls of the Capitol saying, ‘Where’s Nancy?’ People were threatening the lives of members of Congress. That is more than a simple riot.”

Moreover, Moss asked, "If we allow people to storm the U.S. Capitol when they don’t like what the U.S. Senate and U.S. House of Representatives are doing, what are we doing to preserve our democracy in our country?”

The sentence, less than the prosecutors’ recommended 18 months but more than the defense’s plea for no prison time, should serve as a rebuke and a warning to a wide range of political and media figures for several reasons.

First, this and subsequent sentences for insurrectionists should drive a stake through the notion that the marauders were nothing more than tourists, as Rep. Andrew S. Clyde (R-Ga.) falsely declared. The disgraced former president’s suggestion that these were “very special” people who posed “zero threat” is another lie among many. It bears repeating in news coverage that Republicans have continued to spread misinformation about the conduct of these cult members.

Second, Moss’s sentencing further dispels the MAGA suggestion that the insurrectionists were left-wing protesters (but carrying Trump and Confederate flags?!). As defendants own up to their intent to “overthrow the government,” the attempt to restyle them as heroes or conceal their true identity as white supremacists should come to an end.

Third, if the judge can flat-out declare the insurrectionists’ malign intent and mark them as threats to democracy, the media should be able to do the same. Reporters should also not hesitate to call out MAGA politicians who continue to revere them. (This should include Republicans appointed to the select committee to investigate the events of that day who attempt to lie about what happened.)

Rather than preserving the false balance (Democrats say they were terrorists, Republicans say they were patriots), it is long past time for the media to, yes, take sides. For example: “The refusal to approve a bipartisan commission amounts to a coverup of their own role in the attempted coup.” This is a factual statement that reporters can use to educate the public and prevent Republicans from rewriting history.

There is no point in taking Republicans’ excuses for blocking the commission (nothing to learn!) seriously. If Republican lawmakers are going to lie about the role of the president or the identity of the protesters, they should not be invited to appear on mainstream news programs.

Fourth, this is a moment of reckoning for the Justice Department, which to date has shown no serious interest in investigating lawmakers who may have assisted the rioters or considering prosecution of the speakers at the “Stop the Steal!” rally, including the former president. It would be perverse to investigate, convict and sentence only the minions who did the bidding of the MAGA elite but allow the people who pulled the strings to escape culpability.

Attorney General Merrick Garland may be reluctant to criminalize actions of members of the previous administration. But actions in support of an insurrection are so beyond normal political conduct that prosecution is essential if the facts warrant. Refusal to punish all those involved in the insurrection would be a perversion of justice and would serve to encourage elected officials to repeat such conduct in the future.

As former federal prosecutor Joyce White Vance tells me, “No prosecutor likes to go after the little fish and let the big fish get away, but complicated, sensitive investigations can take time.” We should hope that investigation has already begun without fanfare.

One cannot avoid prosecuting legitimate cases simply because one does not want to be criticized for appearing political. That is itself a politicization of our justice system. Responsible politicians, Justice Department prosecutors and media outlets should be unequivocal in depicting the events — and unceasing in their determination to hold funders, inciters and abettors of the attempted coup responsible.