Politics & Government

Lowcountry SC attorney pleads guilty for role in Jan. 6 Capitol riot

A Charleston-area lawyer who stormed the U.S. Capitol on Jan. 6 pleaded guilty Friday for his role in the riot where a mob tried to stop certification of the 2020 election.

David “Dave” Johnston, of Summerville, admitted to willfully and knowingly parading, demonstrating and picketing in the Capitol building during the riot, according to his federal plea agreement. Access to the building at the time was restricted because Congress was certifying the 2020 election results, declaring now-President Joe Biden the winner.

Johnston is free on a $25,000 personal recognizance bond and is scheduled to be sentenced Dec. 16 in Washington.

He faces up to six months in prison, five years probation and a $5,000 fine.

Johnston agreed to pay $500 in restitution to help pay for the damage done to the U.S. Capitol on Jan. 6, 2021.

An attorney, Johnston was fired from the George Sink law firm following his arrest, and had his license suspended by the state Supreme Court. He is the first attorney from South Carolina charged in connection with the Capitol breach.

Johnston was at the Capitol Jan. 6 with his Summerville neighbor Chadwick “Chad” Gordon Clifton. Clifton’s case is still pending.

On Jan. 6, a mob of pro-Trump supporters stormed the Capitol and tried to stop certification of the November 2020 election. Though proceedings were delayed for several hours because of the riot, Congress returned later that night to certify the election.

Johnston attended Trump’s rally ahead of the riot. He then entered the Capitol through the Senate wing and stayed inside for about 30 minutes, according to court documents.

He walked through the crypt’s lobby, the crypt and the visitor center and took pictures inside of the building.

“(Johnston) knew at the time he entered the U.S. Capitol building that he did not have permission to enter the building and the defendant paraded, demonstrated or picketed within the U.S. Capitol building,” U.S. Attorney Michael Graves wrote in a court document.

Other charges of disrupting a session of Congress, attempting to impede the functions of government and unlawfully remaining in the Capitol were dropped as part of Johnston’s plea agreement.

Johnston is the ninth South Carolinian to plead guilty to Capitol riot charges.

This story was originally published September 23, 2022 at 12:10 PM.

Joseph Bustos
The State
Joseph Bustos is a state government and politics reporter at The State. He’s a Northwestern University graduate and previously worked in Illinois covering government and politics. He has won reporting awards in both Illinois and Missouri. He moved to South Carolina in November 2019 and won the Jim Davenport Award for Excellence in Government Reporting for his work in 2022. Support my work with a digital subscription
Get one year of unlimited digital access for $159.99
#ReadLocal

Only 44¢ per day

SUBSCRIBE NOW