Deep dive: On what we know so far about how much (or how little) prison time alleged Capitol rioters are facing buzzfeednews.com/article/zoetil…
Predicting outcomes is tricky early on, but there are few general truths:
- The vast majority of defendants plead guilty
- Maximum penalties provide context, but rarely reflect actual sentences, and that's already shaping up to be true in the Jan. 6 cases buzzfeednews.com/article/zoetil…
What do we know:
- 200+ misdemeanor-only cases so far, max sentences between 6 mos-1 yr. Expect defendants who plead guilty and have minimal criminal history to get far less than the max, good chance some will argue for no prison time, unclear how judges will respond to that
- Remaining 250+ face at least one felony, most common is obstructing an official proceeding. Paul Hodgkins' guilty plea establishes a baseline advisory range of 15-21 mos for obstruction and nothing else more serious (he could also argue for a below-guidelines sentence)
- Jon Schaffer's guilty plea establishes an average baseline range of 41-51 months for defendants who plead to obstruction + something else (in his case, entering the Capitol with a weapon). He's poised to get credit for cooperation, which could lower it further
The two guilty plea cases aren't the only ones where possible sentencing ranges are being floated. Douglas Jensen's lawyer estimated his worst case scenario for pleading guilty was also 41-51 mos. Christopher Grider's lawyer cited the 15-21 mos range buzzfeednews.com/article/zoetil…
Most Jan. 6 defendants are charged individually and before different judges in DC. But sentencing doesn't happen in a vacuum — judges will be paying attention to early pleas and comparing sentencing outcomes for similarly charged defendants buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

9 Jun
After a protracted legal fight, former WH counsel Don McGahn finally testified by the House Judiciary Committee re: the Mueller probe, and the committee has just released the transcript: judiciary.house.gov/uploadedfiles/…
Recall that we already know a lot of McGahn's version of events, since he talked to Mueller: buzzfeednews.com/article/zoetil…

As Chair Nadler notes, the agreement reached for McGahn to testify incl. that he could only be asked about publicly avail. info in Mueller report:
At least at the start, McGahn is careful to avoid answers that stray from the literal text of the Mueller report.

Asked about a section saying Trump told Sessions to resign after learning about Mueller's appointment, McGahn replies: "I don't quibble with the syntax."
Read 14 tweets
9 Jun
DOI IG's report is out concluding US Park Police decided to clear Lafayette Park on 6/1/20 for reasons unrelated to Trump's photo op that day: doioig.gov/sites/doioig.g…

It's a reminder of how much confusing info there was in the aftermath about who ordered what and who did what
Recall that the next day, a round of stories came out quoting an anonymous senior DOJ official saying then-AG Bill Barr had ordered the park cleared in advance of Trump's visit after arriving and being surprised to find it hadn't been cleared yet
usatoday.com/story/news/pol…
The WH had also said Barr gave the order. But then a few days later, Barr spoke to the AP and said that he was aware of the plan to expand the security perimeter, but said that he did *not* order Park Police to clear the square when he visited apnews.com/article/1a993a…
Read 6 tweets
9 Jun
Midnight filing: J6 defendant Robert Gieswein is arguing to be released from pretrial detention — he's charged with using a baseball bat and chem spray against police, but disputes the evidence is clear that he physically attacked anyone assets.documentcloud.org/documents/2080…
What about Gieswein's participation in a group called the Woodland Wild Dogs, which he had described as a militia? His lawyer argues it's not anything the judge needs to worry about.

As of one of his friends put it: "They are just a group of friends who like guns and Star Wars."
Gieswein's lawyer is basically arguing that the govt has overblown the constellation of allegations and evidence (baseball bat + chemical spray, body armor/helmet, militia references) and contends he wouldn't have acted as he did in a "in a smaller, less riled-up crowd"
Read 4 tweets
8 Jun
New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.

First brief under new admin: assets.documentcloud.org/documents/2079…
Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.

Key phrase in tonight's brief? "institutional interests" buzzfeednews.com/article/zoetil…
This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically. buzzfeednews.com/article/zoetil…
Read 9 tweets
7 Jun
Douglas Jensen, charged with chasing Officer Eugene Goodman inside the Capitol on 1/6 and possessing a knife, is arguing to be released from pretrial detention: assets.documentcloud.org/documents/2079…

Recall Jensen didn't fight jail when this came up a few months ago: buzzfeednews.com/article/zoetil…
Jensen's lawyer argues:
- notwithstanding weapons charges + accusation of chasing after Goodman, he's not accused of actually touching anyone
- he didn't intend to go to the Capitol and try to stop Congress, but was caught up in QAnon and deceived by Trump
Jensen had been involved in plea talks with the government, per previous updates in his case. Today's motion suggests a deal is still possible ("in the event the parties arrive at a disposition...") but it's up in the air
Read 5 tweets
4 Jun
Hello again from virtual court, this time before Mag. Judge Harvey in the case of J6 defendant Anthime Gionet, who prosecutors have also accused of running afoul of his pretrial release conditions. See:
Gionet's atty filed a response disputing he'd violated any release condition, saying he needs to make videos for the web to earn a living, and calling probation's request for stricter conditions "asinine" assets.documentcloud.org/documents/2079…
(Disclosure again that Gionet is a former BuzzFeed employee, also known by the nickname "Baked Alaska")
Read 14 tweets

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