Hello from Judge Randolph Moss' virtual courtroom, where Paul Hodgkins is set to become the 2nd Capitol insurrection defendant to plead guilty.

His original charging docs: assets.documentcloud.org/documents/2048…
Hodgkins will be pleading guilty to the most serious count he was indicted on, obstruction of an official proceeding (indictment: assets.documentcloud.org/documents/2050…) and the remaining misdemeanors for illegally entering the Capitol will be dismissed
Dialed in too late to hear this, apparently we have some special guests on the line as well
Meanwhile, a judge granted DOJ's motion to dismiss the case against J6 defendant Chris Kelly. Sadly this means the hearing set for today is cancelled, so no chance to hear from the feds on the record about what happened.

From yesterday: buzzfeednews.com/article/zoetil…
Prosecutor summarizes the allegations against Hodgkins and the timeline of him going in the Capitol. Hodgkins says it's right, just quibbles with the chronology of putting on/taking off goggles. He also explains he put on rubber gloves to try to give first aid to a wounded person
Moss asks if Hodgkins understands the max sentence for the crime he's pleading guilty to is 20 years in prison, Hodgkins says he does. Keep in mind he's likely to face much less than that, the judge is now making sure he understands how the sentencing guidelines work
Voila: Moss says that the plea agreement spells out that Hodgkins' sentencing guidelines range is 15-21 months, way way way less than 20 years. The judge isn't bound by that, but it would be unusual under these circumstances (with a plea deal) for him to deviate from it
Whatever sentence Hodgkins gets matters for everyone else charged with obstruction (somewhere between 150-200 defs, by my rough tally), because it sets the bar for judges to compare other defendants to going forward. Hodgkins will benefit from pleading early, has no crim history
And just to clarify this tweet, meant it would be unusual for the judge to hand down a sentence above the guidelines under these circumstances. Defense could argue for less at sentencing
Hodgkins has now officially entered a guilty plea. The lawyers are discussing sentencing — Hodgkins' lawyer is up against an unusual calendar conflict, because he's deploying overseas this summer with the Army
It's unclear if the presentencing process can be completed before Hodgkins' lawyer has to deploy (he got deployment order in March, asked for a sentencing date in mid-July, normally takes 70 days), Moss will see what they can do and will set sentencing for July 19, but it's TBD
And that's a wrap for Hodgkins' plea hearing
Seeing some confusion, so just to clarify: Hodgkins' *lawyer* is deploying with the Army, which is why they want to speed up sentencing, not Hodgkins
Do I miss physically being in a courtroom to cover hearings? Very much so. Do I appreciate being able to remotely cover an entire plea hearing while waiting for a delayed doctor's appointment? Also yes.
Update: Here's J6 defendant Paul Hodgkins' plea agreement. No surprises, but one thing I didn't note during the thread earlier is that he agreed to pay $2K in restitution, his share of the $1,495,326.55 in damage done to the Capitol that day, per the govt
assets.documentcloud.org/documents/2079…

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More from @ZoeTillman

3 Jun
New: Sen. Ted Cruz has won his lawsuit challenging a campaign finance law that caps the amount of post-election contributions that can be used to repay personal loans to a campaign at $250K assets.documentcloud.org/documents/2079… Image
A special three-judge panel was appointed, since it involves campaign finance law. Unanimous decision for Cruz from an ideologically diverse group: DC Circuit Judge Neomi Rao (Trump appointee) + US District Judges Amit Mehta (Obama appointee) and Timothy Kelly (Trump appointee)
The panel concluded the govt failed to show the cap was narrowly tailored to prevent quid pro quo corruption.

Rao wrote the opinion: "We find that the loan-repayment limit burdens political speech and thus implicates the protection of the First Amendment."
Read 8 tweets
3 Jun
Today in non-J6 legal news: There was a hearing re: John Hinckley, the man who tried to assassinate Ronald Reagan (and was found not guilty by reason of insanity.)

Hinckley has been out of the hospital since 2016, and his lawyer will soon be arguing for unconditional release
Hinckley's lawyer Barry Levine suggested an evidentiary hearing isn't even necessary, since the mental health professionals working with Hinckley have recc'd full release, but the govt wants a full hearing.

Previously on Hinckley's release conditions: buzzfeednews.com/article/zoetil…
AUSA told the judge the government has enlisted their own expert to evaluate Hinckley's situation, and they haven't gotten that report yet
Read 5 tweets
2 Jun
Something of a ~situation~ has come up in Dems' civil lawsuit over Jan. 6 — they're claiming Rep. Mo Brooks, one of the defendants, is making it hard to serve him with the suit and won't waive formal service like Trump, Trump Jr., and Giuliani did assets.documentcloud.org/documents/2079… ImageImage
So the plaintiffs asked the judge for more time (there's a deadline to serve a defendant with a complaint once you sue them) and for the judge to step in and have the US Marshals Service or some other entity help get this done Image
Tonight, the judge agreed to give Dems more time to serve Brooks (who is, a reminder, their collegue in the House), but won't order the US Marshals to get involved because of "separation of powers concerns" Image
Read 4 tweets
1 Jun
NEW: An assistant US attorney sexually harassed women across the federal government, according to a newly obtained inspector general report — the report details physical and verbal harassment of an intern, FBI analyst, another AUSA, and a postal inspector buzzfeednews.com/article/zoetil…
The DOJ inspector general's office announced the conclusion of this investigation in November, but shared little information. The full (albeit heavily redacted) 11-page report includes lots of new details about the misconduct substantiated by investigators buzzfeednews.com/article/zoetil…
The inspector general's office redacted the AUSA's name, citing privacy exemptions to FOIA. It's the latest in a string of reports about substantiated harassment and misconduct complaints at DOJ where the subject's name is kept under seal buzzfeednews.com/article/zoetil…
Read 4 tweets
28 May
Two opinions in two days from Judge Amy Berman Jackson denying motions to release Jan. 6 defendants. Today's was about Karl Dresch — not charged with violence, but crim history + guns + lack of remorse + flight risk persuaded judge to keep him behind bars assets.documentcloud.org/documents/2079…
Jackson writes Trump isn't helping his supporters stay out of jail by continuing to "propagate the lie that inspired the attack" — and she calls out unnamed media outlets and party leaders "intent on censuring those who dare to challenge the former President’s version of events"
Today's order in Dresch's case echoes her unsealed opinion from yesterday denying pretrial release to Cleveland Meredith, which similarly focused on his conduct but also touched on Trump et al. see:
Read 4 tweets
27 May
Status hearing in the case of Jan. 6 defs Jenny Cudd and Eliel Rosa offers insight into how plea talks are unfolding in these cases: Prosecutor says govt made informal plea offer as to the felony obstruction count, Cudd asked for deferred prosecution agreement and govt said no
A deferred prosecution agreement (DPA) would basically mean that charges against Cudd would be dropped assuming she fulfills certain conditions. The AUSA told the court that was not an option in this case.
Prosecutor then says that the parties are discussing whether a misdemeanor-only plea offer is on the table, and that the govt is still considering that.

In the meantime, the judge sets a tentative trial date for Feb. 7, 2022
Read 4 tweets

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