A recent ruling by a federal judge, appointed by President Biden, has sparked significant debate as Emily Sommer, who earlier this year was charged with assaulting Department of Justice official Ed Martin and attacking U.S. Marshals, has been sentenced to ‘time served’ instead of prison. The Justice Department had pushed for an 18-month prison sentence for her actions, which included spitting on Martin during a public interview.
Judge Jia Cobb opted for a lighter punishment of four months time served, along with home confinement and probation, rather than incarcerating Sommer. This leniency has raised eyebrows amidst calls for stricter accountability for crimes against federal officers.
A woman who spat on Ed Martin, then the interim chief prosecutor for the nation’s capital appointed by President Donald Trump, will avoid prison time after a federal judge sentenced her to time served. https://t.co/R6h6YVQ1iL
— The Washington Post (@washingtonpost) October 10, 2025
In May, the Department of Justice officially charged Emily Gabriella Sommer with assaulting Ed Martin, invoking 18 U.S.C. § 111, which addresses assaults on federal officers. Amidst ongoing legal proceedings, the DOJ sought to have her detained prior to trial due to her threatening behavior towards Martin and media personality Jeannine Pirro on social media.
Sommer’s behavior escalated; after an aggressive outburst in the courtroom, she was placed in a DC jail following an incident where she threatened a neighbor with a crowbar. Reports indicate that after her removal from May 22 court proceedings, she spat on two U.S. Marshals.
According to a report by WUSA 9, Sommer became visibly upset when she realized that prosecutors were seeking more severe charges against her. After being removed from the courtroom, she allegedly kicked and spat at the Marshals, prompting additional assault charges as the case progressed.
Eventually, Sommer pleaded guilty to three counts of assault stemming from her altercations with both Martin and the Marshals.
During the infamous encounter with Martin, she approached him while he was engaged in an interview, becoming confrontational and ultimately spitting on him. Martin described the moment: “We need to stay focused.” His attempts to maintain professionalism were abruptly ended by Sommer’s aggressive actions.
In an explicit outburst before her charges, Sommer was seen to have little regard for the consequences, famously shouting, “who the f*ck are you?! You are Ed Martin!” before spitting in his direction. This incident was vividly captured on camera, drawing public ire and emphasizing the tensions surrounding political discourse and conduct.
The DOJ had expressed intentions to impose stricter consequences, citing Sommer’s online threats which included troubling language directed at both Martin and Pirro. In one of her posts, she framed her threats with an outlandish verbosity that seemed to mock the seriousness of her situation.
“Fuck you, Ed… I’ll make sure it eats you alive and spits you back out, like the felony ‘assault’ you’ve alleged,” Sommer wrote, underscoring her undeterred attitude toward her legal turmoil.
Moreover, Sommer’s posts included pointed remarks about Judge Pirro, suggesting a continuation of her volatile demeanor online. This has prompted a conversation regarding the appropriateness of leniency in such cases, given their implications for law enforcement and public safety.
