42-day prison sentence sought for SC lawyer charged in Jan. 6 Capitol riot

Federal prosecutors want a federal judge to give suspended Charleston-area lawyer David Johnston 42 days in prison for his role in the Jan. 6 attack on the U.S. Capitol.

Johnston, 66, who lives in Summerville, is slated to be sentenced Friday morning in Washington before U.S. Judge Beryl Howell. He was arrested in May, and pleaded guilty in September to willfully parading, demonstrating and picketing in the Capitol building during the riot.

Congress met that day to certify Joe Biden the winner of the November 2020 presidential election.

Johnston’s attorney, Christopher Gramiccioni of Charleston, argued for 12 months probation in a 39-page memo, saying his client did not travel to Washington with any intent of engaging in violence and while in the Capitol did not engage in any fighting, steal souvenirs or destroy property.

Gramiccioni also noted Johnston is not a member of any extremist group and has a stable family life, a drug-free history and has, until now, never had a criminal history.

But as a lawyer, Johnston should have known better than to be part of a mob that attacked the Capitol, prosecutors wrote in their sentencing memo seeking a brief stint for Johnston in prison.

“Johnston’s status as a practicing attorney on Jan. 6 is a particularly aggravating feature of this case,” prosecutors wrote. “Unlike other professionals, attorneys are rigorously taught about the importance of adhering to the rule of law. In their professional work and continuing education, they are frequently reminded that the rule of law is an essential component of a free and orderly society.

Rather, prosecutors said, Johnston “trashed” the law that day and prosecutors say he encouraged Cadwick Clifton, his co-defendant, to “avoid coming under suspicion by law enforcement officials tasked with uncovering what happened on Jan. 6.”

“Even more so than other rioters, (Johnston) should have known better than to engage in an obviously unlawful attack on the United States Capitol building and democracy,” prosecutors wrote.

Clifton pleaded guilty in October to the same charges as Johnston. He will be sentenced Jan. 13.

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

Johnston also worked for six years as a contractor for the U.S. Department of Defense in Baghdad, Iraq, serving as “a consultant on security and life support contracts.”

Prosecutors said in their memo that when it became obvious that law enforcement might be looking for Johnston and Clifton, that Johnston “sent messages to his co-defendant, expressing fear that the government would use facial recognition technology to ‘try and make trouble for people,’” prosecutors wrote.

Prosecutors also said that “Johnston’s conduct on Jan. 6, like the scores of other defendants, took place in the context of a large and violent riot that relied on numbers to overwhelm law enforcement officers, breach the Capitol, and disrupt the proceedings.”

In total, 19 South Carolinians have been charged with involvement in the Capitol riot. Eleven have pleaded guilty.

Gramiccioni’s memo to the judge includes statements from people who know Johnston, including the pastor of Scots Kirk Presbyterian Church in Summerville, who described Johnston as a person who cares for the sick, gives others free legal advice and helps people with home repairs. The pastor’s name was not mentioned in the memo.

“Mr. Johnston remains deeply remorseful” and accepts responsibility for his actions, the memo said.