'Bob's Burgers' actor pleads guilty to felony charge for role in Capitol riot

WASHINGTON (CN) — A former actor and comedian on Monday confessed to his involvement in the most violent clashes with police officers outside the U.S Capitol on Jan. 6, 2021.

Jay Johnston, 55, most well known for his roles in “Bob’s Burgers,” “Arrested Development” and “Anchorman: The Legend of Ron Burgundy,” pleaded guilty to one count of obstructing officers during a civil disorder, a felony charge that carries a maximum sentence of five years in prison.

By taking the deal, Johnston avoided facing four additional charges of assaulting officers, entering and remaining on restricted grounds, disorderly conduct on restricted grounds and impeding passage through the Capitol grounds.

U.S. District Judge Carl Nichols, a Donald Trump appointee, presided over Johnston’s plea agreement hearing on Monday and scheduled his sentencing for the morning of Oct. 7.

According to the Justice Department’s statement of facts, Johnston was among the crowd of rioters gathering at the steps of the Capitol as early as 2:05 p.m., before making his way toward the Lower West Terrace where a tunnel leads into the building.

Johnston can be seen in CCTV footage and videos captured by other rioters wearing a black leather jacket with a camouflage mask pulled over his nose.

The Lower West Terrace was the site of the most violent clashes between the mob and police officers from the U.S. Capitol Police and the Metropolitan Police Department, where rioters attempted to breach a police line defending the entrance.

Other rioters pulled officers into the crowd, beat them with metal flagpoles and used Mace or stun guns on them. At the front of the mob, rioters also pushed police into the doors behind them, in some cases using stolen riot shields, nearly crushing some officers.

Around 3 p.m, Johnston made his way toward the police line inside the tunnel, assisting rioters at the front by passing shields forward and at one point using one himself to create a “shield wall.”

According to federal prosecutors, Johnston then joined the crowd to collectively push against the police with the shields before exiting the tunnel.

However, a minute later Johnston reentered the tunnel to join the rioters in a coordinated “heave-ho” pushing effort using the shields once again to crush officers against the doors they were guarding.

Johnston then left the tunnel a final time around 3:13 p.m. and exited the Capitol grounds, before flying back to Los Angeles on Jan. 7, 2021.

According to the Justice Department, an unidentified associate of Johnston’s revealed a text exchange they had with him in an interview with the FBI, in which Johnston minimized the riot.

“The news has presented it as an attack. It actually wasn’t,” Johnston wrote. “It was a mess. Got maced and tear gassed and I found it quite untastic.”

According to a 2021 report by the Daily Beast, Johnston was fired from his long-running role as Jimmy Pesto Sr. on “Bob’s Burgers,” in December 2021 after he’d admitted to being at the Capitol riot. Johnston has also had roles on “Better Call Saul,” “Mr. Show with Bob and David” and “Moral Orel.”

Fox Broadcasting could not be reached for comment regarding Johnston’s case.

Johnston, who was charged with four other rioters who engaged in similar conduct at the Lower West Terrace, was not charged with the felony obstruction charge that the Supreme Court severely limited last month.

The high court’s decision is expected to have minimal impacton the convictions and sentences of most rioters, but may result in a rehashing of certain cases before federal judges in the coming months.

In the 42 months since the Capitol riot, approximately 1,457 defendants have been charged in connection to their actions at the Capitol riot, 263 of whom have pleaded guilty to felonies. Over 543 defendants have been sentenced to prison time.

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