Congressman-elect Greg Gianforte was sentenced to community service, a $385 fine and 20 hours of sessions for anger management after pleading guilty to assaulting Guardian reporter Ben Jacobs on the eve of his election.
In a courtroom packed with journalists and spectators in Bozeman, Montana, Gianforte pleaded guilty to misdemeanor assault, saying, “Although it was not my intention to hurt him, I understand Ben was injured.”
After judge Rick West repeatedly asked Gianforte whether he believed he caused injury to Jacobs, the congressman-elect said he did. West initially said he would sentence him to four days in jail, saying he could do a work program as an alternative to spending those nights in jail. But when the judge learned that the assault charge was not eligible for the program, he decided to instead sentence him to 40 hours of community service, emphasizing that he did not want the congressman-elect to go to jail.
“You accepted responsibility. You apologized,” said West, who noted the Republican tech millionaire’s business accomplishments in his sentencing. The judge also said he did not believe the maximum fine of $500 was necessary.
In his statement to the court, Jacobs recounted the violent encounter and aftermath: “I asked Mr Gianforte a question in the same manner I have asked questions of hundreds of politicians: congressmen, senators and even the man who is now our president. Mr Gianforte’s response was to slam me to the floor and start punching me. He injured my elbow, broke my glasses and thrust me into a national spotlight I did not seek or desire.”
Gianforte arrived to court with his wife Susan earlier Monday morning and rushed past photographers and reporters, ignoring their questions.
The sentencing comes a week after Gianforte reached a settlement with Jacobs in which the Republican apologised to the reporter and agreed to pay $50,000 to the Committee to Protect Journalists.
In a letter to Jacobs, Gianforte wrote his “physical response” to the Guardian reporter’s “legitimate question was unprofessional, unacceptable, and unlawful”.
“I made a mistake and humbly ask for your forgiveness,” he added.
Gianforte was charged with assault just hours before voting began in the 25 May special election to fill Montana’s sole House of Representatives seat, which was vacated by Ryan Zinke after he was appointed president Donald Trump’s secretary of the interior.
When Jacobs approached the then-candidate at his campaign headquarters in Bozeman to ask a question about the Republican health care bill, Gianforte reacted by throwing the reporter to the ground and punching him.
Jacobs captured audio of the altercation, and his account was corroborated by a team of Fox News reporters who were in the room. Jacobs’ glasses were broken during the assault.
“Gianforte grabbed Jacobs by the neck with both hands and slammed him into the ground behind him,” Fox News reporter Alicia Alcuna wrote in a first-hand account. “Faith, Keith and I watched in disbelief as Gianforte then began punching the reporter.”
Gianforte was charged later that night, and Montana’s three largest newspapers quickly withdrew their endorsements of the Republicans. However, the Republican was elected the following day, drawing just over 50% of the vote against Democrat and folk-singer Rob Quist. More than two-thirds of the votes had been cast by mail before the attack on Jacobs occurred.
The Gianforte campaign initially blamed Jacobs for the incident, issuing a statement that falsely claimed the reporter “grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground”.
“It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ,” campaign spokesman Shane Scanlon said in the statement.
Though Gianforte apologized for his actions at his election night victory party, the congressman-elect did not address his campaign’s false statement about the incident until reaching last week’s civil settlement.
“Notwithstanding anyone’s statements to the contrary, you did not initiate any physical contact with me, and I had no right to assault you,” he wrote in the letter. “I am sorry for what I did and the unwanted notoriety this created for you.”
In his court statement on Monday, Gianforte initially declined to admit that he directly caused Jacobs injuries, saying: “In the scuffle, we fell to the floor, and I understand his elbow was injured.” When the judge asked if he caused injury, Gianforte replied: “I understand bodily injury resulted.”
Pressed on the question, Gianforte eventually admitted that he was the cause of Jacobs’ injuries.
For his part, Jacobs noted in court that Gianforte “lied in a defamatory public statement”, but said he now expects Gianforte to be a “strong advocate for a free press and for the first amendment” in Congress. He said he hopes he gets an opportunity to interview him.
The reporter also noted that the incident has “had national ramifications on our politics and our culture,” adding, “While I have no doubt that actions like these were an aberration for Congressman-elect Gianforte personally, I worry that, in the context of our political debate, they have become increasingly common. In recent years, our discourse has grown increasingly rancorous and increasingly vile. This needs to stop.”
Jacobs continued: “There will always be fundamental political disagreements in our society. However, these need not become personal and certainly should never become violent. I hope this court’s decision can send a strong message about the necessity of civil discourse and the important role of the free press and to help heal our political system.”
At the end of the hearing, Gianforte addressed Jacobs directly, saying: “I just want to say I’m sorry, and if and when you’re ready, I look forward to sitting down with you.”
However, outside the courtroom following the hearing Gianforte ignored most reporters’ questions, including journalists who asked about Jacobs’ original health care question and another reporter who asked why his campaign initially lied about the assault. Gianforte, his wife and Scanlon rushed into a car waiting outside for them as a protester with a “Lock him up” sign shouted: “You assaulted the first amendment!”
Guardian US editor Lee Glendinning said in a statement: “This decision should remind all those in positions of authority that a free press, like freedom of speech, is one of the building blocks of American democracy, established under the first amendment. The Guardian thanks our colleagues across the whole media spectrum, whether liberal or conservative, for their solidarity and support for Ben Jacobs over the last few weeks. We will continue to pose tough questions on behalf of our readers.”
The Montana Democrats called on Gianforte to resign after the sentencing, and the Democratic Congressional Campaign Committee called him a “violent criminal” in a statement, saying his “guilty plea to this heinous assault shows he’s absolutely unfit for, and unworthy of, the honor of representing Montana”. Spokespeople for the National Republican Congressional Committee and House speaker Paul Ryan declined to comment on the guilty plea. While Monday’s proceedings bring a close to the criminal case, Gianforte could still face discipline in Congress. On 2 June, a coalition of press freedom organizations filed a complaint with congressional ethics officials asking that Gianforte be disciplined for the assault.