The sentencing of many of those who are alleged to have participated in the Capitol riot of January 6 has federal judges facing the question of whether or not to compare the treatment of those defendants to those of Antifa and Black Lives Matter rioters during the summer of 2020. Those riots cost billions of dollars in damage across the country last summer.

Dinesh D'Souza applauded McFadden on Monday's episode of the Dinesh D'Souza Podcast, saying that there is finally a judge refusing to impose strict penalties on a January 6 defendant.

On Friday, Judge Trevor McFadden of the US District Court in Washington DC condemned federal prosecutors for their lack of imposing legal consequences for those who participated in last year's riots, and yet have imposed large consequences for those who may not have participated in violence on January 6, according to Politico.

"I think the U.S. attorney would have more credibility if it was even-handed in its concern about riots and mobs in this city," McFadden said during another sentencing hearing, according to the AP.

During the Friday sentencing hearing, McFadden scolded defendant Danielle Doyle, for "acting like all those looters and rioters last year. That's because looters and rioters decided the law did not apply to them."

"Finally. And I mean, finally, by which I mean, finally, what am I talking about? I'm talking about a federal judge, finally refusing to impose a strict penalty on a January 6. protester. And you know why? Because he goes, whatever happened to the BLM and Antifa rioters, why didn't the same US government that is prosecuting these guys go after them?" said D'Souza.

"So when people accuse the January 6 protesters of being 'above the law,' that they were trying to subvert a legal process, the judge is saying – this is judge McFadden – so were the guys on the left, they too had a disregard for law, they to0 refuse to accept the legitimacy of law. In that sense, they too, were subverting our United States as a country under the rule of law," D'Souza noted.

"The judge said Doyle's behavior was not excusable, called it a 'national embarrassment,' and again likened it to the police brutality protests following the death of George Floyd last year that made 'us all feel less safe,' according to Politico

Judge Tanya Chutkan took aim at a fellow judge's comments, saying on Monday that she disagrees with the comparison between the groups.

"Some have compared what took place on Jan. 6 with other protests that took place throughout the country through the past year and have suggested that the Capitol rioters are being treated unfairly," Chutkan said during a sentencing hearing. "I flatly disagree."

In the summer of 2020, riots spread across the country in the wake of the killing of George Floyd in Minneapolis, with many riots occurring in downtown Washington, DC near the White House. These included the creation of an "autonomous zone," setting fire to St. John's church, harassment and assault of American legislators, and other violent events.

Despite the damage done to historic buildings and businesses, the Federal Bureau of Investigations has revealed that it does not track Antifa as an extremist organization.

According to Townhall, FBI Assistant Director of Counterterrorism Timothy Langan said in a Congressional hearing last week titled "Confronting Violent White Supremacy (Part VI): Examining the Biden Administration's Counterterrorism Strategy," that the FBI does not consider Antifa to be an "organization," and therefore does not have specific information on the group's activities.

"Under the anti-government category or subcategory of domestic terrorism — would that include groups like Antifa or Black Lives Matter, folks who commit violence or acts of domestic terrorism?" asked Representative Nancy Mace.

"Well, we don't identify groups but individuals' actions," Langan responded. "So if individuals are committing actions that would be in furtherance of anti-government or anarchist ideals then they would fall into that category."

"So would you quantify Antifa as an anarchist group under then that subcategory?" Mace pressed. "I mean, it's an anarchist group, right?"

"The director has previously described them as a 'movement' and there have been individuals that have associated or identified with Antifa that have conducted violent acts that we would categorize as anarchist," was all that Langan could offer of the mere "movement" of Antifa.

Mace pressed Langan more, asking "how many acts of violence or domestic terrorism has Antifa committed over the last two years?"

"Since we don’t categorize Antifa, nor do we calculate or collate information regarding Antifa, that movement, we don’t have that," said the senior FBI counterterrorism official. "But we can provide you information on anarchist threats and cases in general," said Langan.

Responding to further questioning from Mace, Langan said that there has been 75 total arrests in the past two years in connection to anti-government/anti-authority activities.

Despite the violence and destruction these riots committed, many US District Court in Washington DC judges hold the January 6 riot to be of higher concern.