Hello from Judge Carl Nichols' virtual courtroom, where a plea hearing is set to begin soon for Jan. 6 defendant Michael Curzio. He's a misdemeanor-only case, but has been kept in jail post-arrest (see thread for more background)
Curzio is pleading guilty to one count of Parading, Demonstrating, or Picketing in a Capitol Building (max. sentence is 6 mos in jail), which has been the standard deal so far for Jan. 6 defendants charged solely with misdemeanors
Curzio says he's pleading guilty, notes that his presence in the Capitol was captured on video. He tells the judge he didn't hear it when US Capitol Police came in and told people to leave, but isn't going to officially fight the govt's description of what happened
Curzio's plea deal incl. $500 in restitution (the amount other misdemeanor pleas in the Jan. 6 cases have included, it's $2K for felony pleas), and also cooperation, but his lawyer says he already fulfilled that by meeting with law enforcement post-arrest
Twist: As of July 14 — two days from now — Curzio will have spent six months in jail, which is the max he could be sentenced to for the misdemeanor he's now pleaded guilty to. Curzio's lawyer wants to move to sentencing now, govt wants to wait (and release him in the meantime)
Judge Nichols agrees with Curzio's lawyer to do sentencing now and that Curzio should be sentenced to time served, since six months is the max the judge could hand down regardless. Also orders the $500 restitution
For those wondering: The govt wanted to wait to do sentencing for Curzio (and release him in the meantime) to have time to file a formal sentencing memo and, in general, continue building out the written record in the Jan. 6 cases
To recap: Jan. 6 defendant Michael Curzio pleaded guilty to a single misdemeanor and received a sentence of six months in jail (the max possible), *but* this gets a big asterisk because he'd already spent six months in pretrial detention, which makes this case very unusual
Curzio is the only Jan. 6 defendant charged solely w/ misdemeanors who was kept in jail (Kash Kelly and Adam Honeycutt are also behind bars, but that's because of other criminal cases). This does not mean future misdemeanor plea deals will result in max sentences like this one
Another way of saying this — Curzio's situation was so unusual compared to other misdemeanor-only Jan. 6 cases, it's unlikely that his sentence now sets a standard and the govt will suddenly start arguing for max sentences in other misdemeanor-only plea deal cases
Curzio made a brief statement at the end of today's hearing: "I accept responsibility for my actions and what I did." He also thanked the judge "for being fair"

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More from @ZoeTillman

13 Jul
As we continue to get videos from the Jan. 6 cases (thanks media coalition lawyers!) my goal is to be better about sharing them as they come in. The latest batch today are from the case of Kenneth Harrelson, charged in the Oath Keepers conspiracy case; govt says he recorded these
This is the second one from the Harrelson batch, recorded from what looks like the top of steps leading up to an entrance at the Capitol. You can see the crush of people trying to push through the door
Here's the third and final one from the Harrelson batch (shorter clip to make the file size work). Govt made a point of noting the loud alarm, arguing that "should have made it be obvious to Defendant Harrelson that the Capitol was under attack and the rioters were not welcome"
Read 6 tweets
13 Jul
Tuned in late to this hearing, Kelly is still going through the pretrial detention factors and how they do/don't apply to Jensen. He seems persuaded Jensen wasn't actively posing a threat to Officer Eugene Goodman in the Capitol.
Kelly stresses he doesn't want to diminish seriousness of conduct that day + Goodman's bravery in confronting the mob. As for the knife Jensen had in his pocket, Kelly says the govt didn't present "persuasive" evidence that Jensen ever really tried to take it out
Important to note the context Kelly is operating in — the DC Circuit has weighed in a few times now on pretrial detention in these cases, and raised the bar for the govt to win if defs aren't charged with physically assaulting police or taking a leadership role/advance planning
Read 8 tweets
12 Jul
Prosecutors have been filing similar status reports on how discovery is going in a bunch of Jan. 6 cases, here's an example of one: s3.documentcloud.org/documents/2098…

A few highlights:
There's no language predicting how many more new cases to expect beyond the 500+ filed to date, but they note that there are open investigations in 55 of the FBI's 56 field offices (I've asked which one doesn't have any cases, will update if I get a response)
Their list of evidence includes specific line items for Parler, the social media platform that, as we prev. described it, was "favored by conservatives and extremists" and used "to stoke fear, spread hate, and allegedly coordinate" events on Jan. 6 buzzfeednews.com/article/johnpa…
Read 7 tweets
9 Jul
Notable newly unsealed Jan. 6 case: Govt charged Matthew Purse, who they noted wore gear with "PRESS" markings. The feds say he's not press, but initially a judge wasn't satisfied. Govt came back with a more robust explanation, and got the arrest warrant s3.documentcloud.org/documents/2098…
Here's the full opinion denying the govt's initial effort to charge Purse, citing the lack of explanation re: how exactly the govt decided this guy wasn't actually a member of the media: s3.documentcloud.org/documents/2098…
(Deleted a previous tweet with the incorrect link to the document)
Read 4 tweets
6 Jul
A man charged with participating in the Capitol insurrection, Fi Duong, allegedly told an undercover FBI agent that he'd dressed up on Jan. 6 to look like antifa and had been trying to start his own militia-type group, per newly unsealed docs: s3.documentcloud.org/documents/2098…
The charges against Duong are specific to Jan. 6, but the accompanying FBI affidavit describes what became apparently months of undercover surveillance that tracked Duong as he allegedly collected materials to make Molotov cocktails/explosives
"[Undercover employee] asked DUONG if he wanted to use glass Kombucha bottles like they were presently drinking from to make Molotov cocktails. DUONG rejected the idea, stating that 'My concern is this bottle is a little bit too thick and is not going to shatter on impact.'"
Read 6 tweets
1 Jul
NOW: Here is the unsealed indictment against the Trump Organization and CFO Allen Weisselberg. More to come. s3.documentcloud.org/documents/2098…
BREAKING, with more to come: The Trump Organization and longtime executive Allen Weisselberg are charged with carrying out a multiyear, million-dollar tax fraud scheme buzzfeednews.com/article/zoetil…
New: Donald Trump wasn't personally charged in the indictment against his company and a longtime executive. But he's not off the hook just yet.

How to think about Trump's legal exposure going forward now that we have the latest indictment: buzzfeednews.com/article/zoetil…
Read 6 tweets

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