The Ironic Case of Greg Gianforte

Here are the facts of the case:

• On Wednesday May 24th 2017, then-Congressional candidate Greg Gianforte (Bozeman, Montana) assaulted Guardian reporter Ben Jacobs by “[grabbing] Jacobs by the neck with both hands and [slamming] him into the ground...then began punching the reporter.” The accusation comes from eyewitness testimony.

• The simple assault occurred on the eve of the special election for Montana’s lone congressional House seat. Greg Gianforte won the special election the following day largely due to absentee ballots cast prior to his despicable behavior toward the press.

• The Congressman plead guilty to misdemeanor assault on Monday, June 12th. Rather than serve jail time, Gianforte will serve forty hours of community service and twenty hours of anger management. The judge initially sentenced the accused to four days in jail but revoked that decision minutes later after “consulting with prosecution and defense lawyers.” Gianforte was also fined $300 (plus $85 in court fees) for assaulting Jacobs.

 
So, let’s break this down a bit.
Greg Gianforte is a Congressman. Congressional representatives, according to the House of Representatives’ website, are “elected to a two-year term serving the people of a specific congressional district. Among other duties, representatives introduce bills and resolutions, offer amendments and serve on committees.” In short, the people in a given district elect a Congressional representative to serve them for two years in various capacities.

You may have noticed, there’s a word that keeps popping up over and over. It’s important to emphasize this word because it reveals how ridiculous and outright mock-able the sentence handed down by  Judge Rick West actually is. So, what’s the word you should care about? Serve. Here’s why it matters:

Greg Gianforte’s job, that is, what he is paid to do, is serve his community. He was literally elected to do that. Meaning, the man whose job it is to serve his community will be punished by...wait for it.... serving his community. Yes. You read that right. Judge West elected to alter the initial sentencing of four days in jail and two days under the “jail work program” after conferring with the lawyers involved in the case. Why?

According to the Bozeman Daily Chronicle, a Montana-based newspaper, “Judge Rick West said he and fellow Judge Bryan Adams, also in Justice Court, sentence criminals to the work program daily.” West also stated that he and Adams make up “a pretty significant number of the usage,” and that they “really see the benefit of it. It’s worked out great for us.” Interesting. I wonder why West decided not to utilize such a successful program. Probably because the jail-work program applies only to non-violent crimes. Assault is a violent crime. According to Montana law, “A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.”

Gianforte was fairly sentenced with a fine and no jail time, according to Montana law. However, that does not remove the irony of sentencing a Congressman to community service. We can only hope that the newly-elected Congressman’s constituents remember the poor leadership he displayed on May 24th and his willingness to resort to violence in order to silence an ideological opponent. Is that the type of leader Montanans want representing them in D.C.? A man who avoids questions by physically attacking the questioner? Come on now, Montana. You can do better than that.

And while I recognize that Gianforte’s constituents largely voted for Donald Trump in the November 2016 Presidential election, I also want to point out that Gallatin County went to Hillary Clinton by about 500 votes. Gary Johnson pulled about 300 votes. Why does those numbers matter now? Only because I want the Republicans who voted for Gianforte to remember their own values.
Recall the GOP 2016 Platform. In it, Republicans emphasize the necessary division between federal power and individual sovereignty. “Federalism is a cornerstone of our constitutional system,” it reads. “Every violation of state sovereignty by federal officials is not merely a transgression of one unit of government against another; it is an assault on the liberties of individual Americans.” Though Gianforte did not attempt to transgress against the state of Montana itself, the Tenth Amendment warns against the very behavior he displayed on May 24th.

Republican men and women who purportedly value the separation of powers and who prioritize preventing federal officials from infringing on the liberties of individual Americans are being led by a man who literally began his Congressional career by violating his own party platform. Greg Gianforte epitomizes the abuses of federal power on the sovereign individual. In this case, that individual was Ben Jacobs. Even more ironic, Republicans elected him.

The irony of punishing a Congressman by forcing him to serve his community should not be lost on us. We also cannot ignore the physical assault Gianforte committed nor overlook what his behavior indicates. He is a federal official willing to infringe on the rights of individual Americans who oppose him. How was he punished for his crime? A $300 fine, not even the maximum amount allowable. Further, $300 is a drop in the bucket considering his net worth. Oh, and no jail time, despite being charged with a violent crime.

Let’s hope Montanans learn from their mistakes and kick this guy to the curb in 2020.