Ex-‘Bob’s Burgers’ Actor Seeks Leniency For Capitol Riot Role

A former voice artist on the Fox animated series “Bob’s Burgers” is seeking leniency for his activities in the Jan. 6 Capitol riot, in part because “he is an acclaimed Hollywood actor” whose status is being used by the government “to make a point to the public.”

Jay Johnston played Jimmy Pesto on the long-running show until his Jan. 6, 2021, participation became public. He also played Officer Taylor on “Arrested Development.”

He is scheduled to be sentenced Monday on four counts, including felony obstruction of officers, in connection with the Jan. 6 insurrection. In the years since the riot, hundreds of people have been convicted for their roles in the chaotic and deadly day.

According to his sentencing memo, Johnston is arguing that “the government has persistently overstated Mr. Johnston’s participation at the Capitol that day” because of his celebrity status. In addition, Johnston said the feds are pursuing his indictment on a “guilty-by-association” basis “rather than maintaining focus on Mr. Johnston’s individualized actions.”

Johnston’s memo also claims his conduct after Jan. 6 “reflect genuine remorse and an acceptance of responsibility,” and notes he contacted the government via counsel to volunteer his identity as a person depicted at the Capitol on Jan. 6, 2021. He also voluntarily “produced all media evidence in his possession depicting the events of January 6,” but “in spite of his cooperation and representation by counsel, the government chose to execute a search warrant on his home.”

Johnston was arrested in June 2021. Investigators said he pushed against police with a stolen police shield at a tunneled entrance to the Capitol and provided aid to other rioters by rinsing out chemical irritants from their eyes with bottled water.

Despite Johnston’s efforts to atone for his Jan. 6 activities, he said, he has “not been able to sustain his livelihood as an actor” and has been “subsequently publicly dropped from various projects and has effectively been blacklisted by the film and television industry.”

The memo notes that while Johnston has pleaded guilty to civil disorder, he “should be sentenced only for his actual conduct on January 6; independent of what may have occurred around him and irrespective of his status as a Hollywood actor.”

To that end, Johnston is arguing the government’s recommended sentence of 18 months behind bars.

The government’s own sentencing memorandum argues that Johnston “helped at least 4 other rioters wash their eyes out after being sprayed with OC spray, used a stolen U.S. Capitol Police riot shield to make a ‘shield wall’ against the police inside the tunnel and participated in ‘heave-ho’ push” against police.

In addition, despite Johnston’s claims of remorse, the government documents said that he “sent messages to friends and family in the days after Jan 6th claiming the events at the US Capitol were exaggerated by the media and that it was a ‘setup.’”

You can read Johnston’s sentencing memo here and the government’s response here.