Federal judge questions push to imprison trans activist found with a Molotov cocktail at 2020 protest

A federal judge on Thursday questioned prosecutors’ push to imprison a trans activist who was arrested after a New Year’s Eve 2020 protest outside the Federal Detention Center in Center City.

Philadelphia police officers found Josie Robotin, 26, of Willow Grove, carrying a backpack filled with what they described as a Molotov cocktail, several firecrackers, lighters, and a container filled with flammable liquid near the demonstration, which had been organized to protest for the rights of trans prisoners.

She was federally charged with possession of an unregistered destructive device and later pleaded guilty to that crime.

But at her sentencing hearing Thursday, U.S. District Judge John R. Padova credited her story that she brought the incendiaries not to use at the protest but rather for a bonfire she and her friends planned to attend later that night to celebrate the New Year’s holiday.

He sentenced her to a day in prison — or time served — far less than the two years prosecutors were seeking.

“Isn’t it fair to say we have a defendant who was engaged at the time in a fair exercise of freedom of speech?” the judge asked Assistant U.S. Attorney Vineet Gauri before announcing his decision. He wondered aloud whether Robotin and her crime were “the time, the place, the person to make an example of.”

Robotin’s sentence is only the latest in a string of cases arising from the 2020 protest movement in Philadelphia in which federal judges have imposed sentences far less punitive than those sought by the government.

Last month, Lore-Elisabeth Blumenthal, a Philadelphia-area massage therapist, was sentenced to 2½ years in prison for setting police cars ablaze during protests over the police killing of George Floyd. The government had asked for four.

That same month, another defendant charged with torching police cars during the demonstration — Ayoub Tabri, 25, of Arlington, Va. — received a prison sentence of 364 days. Prosecutors had pushed for three to four years.

But Padova was the first judge in those cases to explicitly question whether the Justice Department’s stance was overly harsh toward the defendant exercising their right to protest.

He noted prosecutors had presented no evidence that Robotin had planned to commit any crime with the incendiary device in her backpack.

Gauri, the prosecutor, stressed that Robotin had pleaded guilty and stressed that the Molotov cocktail she was carrying could very well have proved more dangerous than a gun.

“This is a destructive device,” he said. “It’s designed to inflict serious injury and casualties. It’s not designed for bonfires and parties.”

But ultimately, Gauri offered little pushback, acknowledging that the Justice Department had taken a “holistic view” of protest cases around the country when deciding on sentencing recommendations for the Philadelphia defendants.

In all, former U.S. Attorney Bill McSwain charged six people with federal arson charges tied to the 2020 demonstrations, vowing to pursue the mandatory minimum sentence of at least seven years in each case — part of a wider Trump-era Justice Department strategy to crack down on property destruction tied to the protests.

But since Trump and McSwain left office, prosecutors have extended deals to many of the defendants, offering to drop the arson count if they pleaded guilty to a lesser charge of obstructing law enforcement during a civil disorder. That crime is punishable by up to five years.

In Robotin’s case, she hadn’t been charged with arson or accused of starting a fire, her attorney Marni Jo Snyder noted Thursday.

“My client was participating in the exercise of freedom of speech in the right way,” she said, adding later: “No one at that protest at the FDC tried to set anything on fire.”

Still, Robotin was arrested on Dec. 31, 2020, along with six others as part of what Philadelphia police described at the time as a “large group of 40 to 50 unruly antifa protesters” who broke windows and spray-painted buildings on the streets around the detention center.

The crowd set off fireworks, painted buildings with slogans such as “ACAB” — an abbreviation for All Cops Are Bastards — and smashed a Philadelphia Sheriff’s Office vehicle parked nearby.

But police investigators later walked back their claim that those charged had direct ties to antifa — a loose network of far-left groups often accused of an array of antigovernment misdeeds — saying instead that the vandalism and destruction that night appeared antifa-inspired.

Addressing the judge Thursday, Snyder sought to separate Robotin from the vandals. Aside from the unused incendiary device Robotin was carrying, the lawyer noted, prosecutors had presented no evidence that she had been involved in any of the other crimes that occurred after the protest.

Robotin, meanwhile, said the events of 2020 — from the pandemic to Floyd’s death, to a rise in bias-related crimes — had served as a “powder keg” that prompted her presence at the protest outside the FDC that night.

Still, she told the judge, she was not trying to minimize the crime to which she had pleaded guilty.

“My intention was to hand out firecrackers to partygoers [at the planned bonfire later that night] and to use what was described in the report as an incendiary device to light logs that would not light on fire on their own,” she said. “In hindsight, I can see how alarming that would be [for officers] to find.”

When it came time to impose his time-served sentence, Padova said he’d been persuaded that Robotin had learned her lesson and that he was impressed by her record of activism and volunteering in the trans community.

He responded: “I know that you don’t believe you’re being blessed for that criminal conduct. You have pleaded guilty to a very serious crime. Fortunately, no one was hurt.”

Of the seven protesters arrested that night, only Robotin was charged with a federal crime. The others faced state charges. Their cases have all since been dismissed, withdrawn, or resolved in plea deals resulting in only a court-imposed fine.