Thread by @julie_kelly2

Listening to sentencing hearing for Paul Hodgkins. He pleaded guilty to one count of obstruction of an official proceeding, a felony DOJ is tacking on to mostly misdemeanor cases (like Hodgkins) for roughly 200 defendants. He has no criminal history, DOJ wants 18 months in jail.

While we wait, I want to share the silly rhetoric in DOJ sentencing memo. "Hodgkins admitted that he corruptly obstructed and impeded an official proceeding, namely the certification of the Electoral College vote count. He did so by unlawfully entering the U.S. Capitol...

alongside hundreds of other rioters with whom he shared in a unified goal: to block Congress from completing the certification. Defendant’s obstructive conduct took place amidst a violent riot that engulfed the entire Capitol. The riot resulted in evacuations,
vote count...

delays, officer injuries, and over $1.4 million in property destruction. Ultimately, the rioters’ conduct literally stopped the official proceeding in its tracks. [LOL] This constituted an even greater interference and intrusion than the examples of serious disruptions listed."

How DOJ convicts someone for domestic terrorism w/o charging them accordingly. "A significant sentence is needed to afford adequate deterrence. The need to deter others is especially strong in cases involving domestic terrorism, which the breach of the Capitol certainly was."

"The need to avoid unwarranted sentencing disparities--the crimes that Hodgkins and others like him committed on January 6 are unprecedented. These crimes defy statutorily appropriate comparisons to other obstructive related conduct in other cases." UNEQUAL JUSTICE.

Judge Moss: Max sentencing for obstruction is 20 years. Government seeking 18 months. DOJ dropped 4 trespassing, disorderly conduct charges against this dangerous terrorist and has let him roam free since his arrest in February.

Moss: "There are people who participated in the attack on the Capitol" who committed worse crimes than Hodgkins but judge argues he was not a minor player in the "attack."

Moss was appointed by Obama in 2014.

Prosecutor: Intended goal was to subvert the election and stop peaceful transfer of power.

Moss interrupts, points out Hodgkins isn't charged with violent crime.

Prosecutor claims his presence in Senate gallery with his "flag and his goggles" amounted to intimidation.

DOJ: Context of what was unfolding around him. He had warning signs and "chose to press forward."

January 6 "writ large" and "significant role" of deterrence to warn those who want to attack the Capitol again. "Shared goal to thwart the vote count" and "imperiling democracy."

The threat of imperilment to democracy. Hours long hand-to-hand combat, spraying chemical irritants.

EMOTIONAL INJURIES: Staff members left cowering in their offices were terrified. As were law enforcement officers. They will bear emotional scars for many years if not forever.

Extensive damage to Capitol. ($1.5 million.) "He spent 30 minutes inside the building. He stood feet away holding his flag saluting, cheering and ranting and jeering."

🙄

"He was ready for conflict. He proudly posed for selfies. He made himself part of the action."

Prosecutor keeps bringing up his flag as evidence of some sort of nefarious thing? "Waving his flag." WTF.

She's struggling with correct term to describe this "horrific day. This was a grave danger to our democracy. He surely participated in the grave injury to our democracy."

Dear God, I think she might cry. She can't think of a worse example of flouting the law than January 6 and halting the transfer of power from one president to another.

"THIS WAS AN ACT OF DOMESTIC TERRORISM."

Joe Biden's DOJ.

"Back to need for deterrence and frame this as domestic terrorism." Enhancement does not require a charge of domestic terrorism.

They will use a 38-year-old man, fully employed, no criminal record, volunteers his time, working class American as example of "domestic terrorist."

"We really really need to deter conduct associated with domestic terrorism."

18 months will hold him accountable "send a loud and clear message to would-be rioters, if and when they're caught, they'll be held accountable."

Moss is sympathetic to argument for "deterrence."

Hodgkins giving an emotional and heartfelt statement.

Said he went to DC to support a president he loves.

"I FULLY ACCEPT JOSEPH R. BIDEN AS THE RIGHTFULLY ELECTED PRESIDENT OF THE UNITED STATES."

*Biden smiles*

Conviction will cost me several of my civil rights and pay $2,000 in restitution. He will pay in full this week.

I will lose my job I love. Expected to be promoted to mechanic under apprenticeship he's currently in. Will lose home I rent, need to find home for 2 cats.

Asks for grace of court and God. Now his lawyer speaking.

"We don't sentence people collectively. We sentence people individually." He's disputing DOJ repeated reference to "rioters" in Hodgkins sentencing memo.

He's now choked up. Lawyer will be deployed tomorrow.

Took an oath to fight enemies foreign and domestic.

"Paul Hodgkins is not my enemy."

This is not domestic terrorism and government has not charged anyone with the crime. Protest that turned into a riot. DOJ is "gaslighting the country."

YESSSS SIR.

Lawyer Patrick Leduc detailing acts of domestic terrorism dating back to 1950s. OK City bombing, Boston marathon, etc.

"Words have meaning. I have been shot at by real terrorists. If we're going to label this as domestic terrorism, where do we draw that line?"

Then what about Portland and Minneapolis?

Those are protests that turned into riots.

MOSS: No comparison to January 6. "More than a simple riot." He's blasting back that J6 was not a First Amendment activity. Halls of Congress emptied during "sacred" certification.

Moss avoids antifa, BLM destruction.

Again, Americans charged in Capitol breach face a unique set of laws not applied to others. Moss' comments reflect exactly why. It was so "horrific" that no other comparison applies.

"Paul came to Washington by himself [from Florida] on a bus."

"I am proud to represent him. I am blown away by the kind of man he is."

Lawyer says if court orders just sentence, other 500 defendants will be eager to agree to plea arrangements.

"There will be a large section of American society who will never forgive" Hodgkins for what he did. Explaining how incarceration, felony charge will impact the rest of his life.

Brings up Kavanaugh protests. 227 people arrested. Protest was organized, same intent...

to disrupt official proceeding. They paid $50 fines.

This will be far worse than what Kavanaugh protesters faced. He's worn ankle bracelet for five months. "We will make this working class man homeless and unemployed" for a few minutes in Capitol?

Dear God. Moss wonders if a light sentence will encourage others to "storm the United State Capitol" in the future. These people are so f*cking dramatic.

These Beltway judges, prosecutors offended Americans entered their hallowed space. Period.

They view DC as their fiefdom.

"This man lives in the poorest area of Tampa. He has been working 40 hours a week. On his weekends he gives food to people poorer than him and he's poor."

The news media is going to "blast him out" for what he did. Washington Post will blast his picture.

Moss taking brief break. Some excerpts from Hodgkins' support letters:

"He pursued his goal of becoming an Eagle Scout with equal dedication, displaying necessary leadership qualities in achieving that dream. He has never failed to lend help and support to those in need."

"I have known Paul Hodgkins since 2009 when I hired Paul to wash and wax our 40 foot motorhome. He was diligent. He was very helpful in assisting us with our severely and profoundly medically fragile son by transporting/transferring him in his
hospital crib in our home."

"He has adopted several stray cats and is a loving, responsible pet owner. He has volunteered at homeless shelters and soup kitchens. Whenever anyone in our circle of friends asks for help to move or needs something hauled, Paul is there with his truck ready to help."

"I have known Paul Hodgkins since 2007 (approx. 14yrs) I met him when we worked together at CVS Distribution center in Vero Beach FL. I was somewhat shocked to hear about these charges against him. It is so out of character. I ask that you find it in your heart to... show mercy."

Moss back: I want to stress that I am very focused on sentencing you and not the others there. (DUH)

"You carried a large red flag with Trump 2020 on it. You raised your flag in salute." MY GOD how will we recover.

"Members of Congress were forced to flee. Think about that." 🙄

Moss: "They succeeded in delaying the solemn act" of certifying the president.

"THAT IS CHILLING."

"Democracy requires the cooperation of the governed. Democracy is in trouble. This is a damage that will persist in this country for decades."

"The attack on the Capitol...

punished our happy history. It means we are all fearful about the next attack as we never were."

"Those are enormous harms caused that day."

"People who were traumatized, killed that day." They will carry it the rest of their lives.

"That was an assault on...democracy."

"It left a stain that will remain on this country for years to come." These are grown-ups, little reminder.

Moss fixated, too, on Trump flag. This was a "symbol" he was loyal to a man and not the nation.

"The symbolism is unmistakable. He was staking a claim on the Senate floor declaring his loyalty to a single individual over a nation."

"There is no existing benchmark. This case defies comparison to other obstruction cases."

Moss: Sentences Hodgkins to 8 months in prison. Then 24 months probation.