In fact, 85% of the Jan. 6 mob have been granted some sort of pretrial release. The percent of garden variety defendants in federal is 42%. That is how the Federal Courts roll. Many judges have been highly critical of the excuses defendants give for their actions. They are even more critical of excuses politicians invoke. But, in general, they have been more lenient in sentencing than what sentencing guidelines call for and what the prosecutors have recommended.