Legal expert points finger at Trump after light sentences doled out to Proud Boys leaders

Appearing on MSNBC's "Morning Joe" on Friday, former federal prosecutor Glenn Kirschner said he was on the fence about the sentences handed down to two convicted Proud Boys leaders on Thursday that were approximately half of what prosecutors argued for.

After a stern lecture from Judge Timothy J. Kelly, former Proud Boy leaders Joseph Biggs and Zachary Rehl were sentenced to 17 years and15 years,respectively, despite prosecutors looking for 30 years or more in prison.

Speaking with host Willie Geist, Kirschner said the longer sentences would have been appropriate considering the crimes, but the specter of Donald Trump not currently facing jail time for inciting the Jan. 6 insurrection likely impacted Kelly's decisions.

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"You know, we have to accept the fact that they were responding to orders from the president of the United States," he began. "The commander in chief, you know, he was telling these folks, 'Your vote was stolen, your election was rigged. Your president is being unlawfully taken from you and if you don't go to the Capitol and fight like hell, you won't have a country anymore. Now, go down there and stop the certification.'

"Of course, he used the word 'steal,' which is helpful because it provides evidence of Donald Trump's criminal intent, because even he knew it wasn't stolen," he continued. "You know, I reflect on my own experience; I joined the Army in the 1980s and served on active duty 6 1/2 years because I was willing to listen to the commander in chief at the time. I was willing to go somewhere and fight like hell if I was being told, 'If you don't do that, you won't have a country anymore.' You know, I would have gone wherever I was deployed."

"Some of these defendants believe Donald Trump and, frankly, you're entitled to believe the president of the United States, even though people who can discern fact from fiction knew Donald Trump was lying," he elaborated. "So I have mixed feelings about sentences that are only half of what the prosecutors are asking for. But I think, in part, it's a recognition that Donald Trump is the one who was really responsible for the crimes and the sentences are reflecting that."

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