Jailed Capitol rioter who branded January 6 'best day ever' is branded 'big talker' by judge as he's sentenced to time served

 A January 6 rioter who described the storming of the US Capitol the 'best day ever' was branded a 'big talker' by a judge as he was sentenced to time served.

Karl Dresch, 41, is set to be freed Wednesday or Thursday after admitting to a misdemeanor, and has also agreed to be interviewed by investigators about the riot on being released as part of his plea deal. He has been behind bars since his arrest in January. 

US District Judge Amy Berman Jackson labeled Dresch a 'big talker' for engaging in rhetorical saber-rattling on social media about the insurrection.

She told the court how Dresch managed to avoid any actual violence during the 25 minutes he spent inside the seat of the US government, despite making fierce calls to action on social media. 

January 6 rioter Karl Dresch, 41, on Wednesday pleaded guilty to a misdemeanor count of demonstrating in a Capitol building and was sentenced to time served

Dresch is pictured on January 6 holding a Donald Trump flag while standing next to a statue of slavery defender John C. Calhoun

'You don't get to call for a war because you don't like the results of the election,' Berman Jackson said. 

Dresch is at least the fourth January 6 defendant to be sentenced, after pleading guilty to a charge of demonstrating in a Capitol building. 

A federal official said that 28 defendants facing riot-related charges have entered guilty pleas, with sentencing for most still pending.

More than 535 people face charges arising from the riot in which supporters of Donald Trump sought to block Congress from certifying President Joe Biden's election victory. 

Before the riot, Trump delivered a speech to supporters repeating his false claims that the election was stolen from him through widespread voting fraud.

'We’re not here today because he supported the former president,' Berman Jackson said of Dresch. 'Millions of people voted for him and did not heed his call to descend on the nation’s Capitol.'

A prosecutor conceded that Dresch, pictured far left with a white backpack on his shoulder, did not engage in violence in the 25 minutes which he spent in the US Capitol

Dresch posted photos from inside the US Capitol on January 6, which he called 'best day ever' 

The judge continued: 'at the end of the day, the fact is that the defendant came to the Capitol because he placed his trust in someone who repaid that trust by lying to him.'

Dresch was arrested in January and has been held without bond since. 

His social media activity, especially photos, led investigators to him. Dresch posted several messages, including one describing January 6 as the 'best day ever' and another calling Vice President Mike Pence 'traitor scum,' and joked about the use of tear gas by police at the Capitol.

Dresch posted a photo of himself holding a Donald Trump flag while standing next to a statue of slavery defender John C. Calhoun of South Carolina, who was vice president from 1825 through 1832.

While Dresch didn’t commit violence, 'he was arrested because he was an enthusiastic participant in an effort to subvert and undo the electoral process,' the judge said.   

Berman Jackson stressed that Dresch was 'not a political prisoner' and was not prosecuted for exercising his First Amendment rights, but rather for breaking federal law.  

A federal judge said Dresch (pictured top right) was a 'big talker' and 'not a political prisoner'  

Dresch had been held in pre-trial detention for six months - the maximum sentence for a conviction on the charge to which he pled guilty. As part of his plea deal, prosecutors dropped four additional charges including a charge of witness tampering.

Prosecutor Jennifer Blackwell noted that Dresch posted multiple inflammatory social media posts encouraging possible January 6 violence but did not actually engage in violence in the 25 minutes which he spent in the Capitol during the riot.

Judge Berman Jackson said that 'while the defendant is a big talker his actions did not match his rhetoric.'