Hello from Judge Carl Nichols' virtual courtroom, where a plea hearing is about to begin in the case of Jan. 6 defendant Thomas Gallagher. This is a misdemeanor-only case, his co-defendant Michael Curzio entered a guilty plea earlier this week s3.documentcloud.org/documents/2049…
Gallagher is pleading guilty to one count of Parading, Demonstrating, or Picketing in a Capitol Building, a misdemeanor charge that carries a max penalty of 6 mos in jail (the count that most misdemeanor-only defendants have pleaded guilty to so far)
Gallagher was part of a group arrested at the Capitol on Jan. 6, and the federal charges were docketed the next day. He's not accused of violence, and in going over the facts today, the AUSA noted that he appeared to tell someone not to throw a chair s3.documentcloud.org/documents/2101…
A short and straightforward plea hearing — no surprises, Gallagher is scheduled for sentencing on Oct. 13. There's no sentencing guidelines range for a case like this with a max of 6 mos in jail on the table, so TBD on what his sentence ultimately will look like

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More from @ZoeTillman

16 Jul
Hello from Judge Trevor McFadden's virtual courtroom, where a status hearing just started in the case of Jan. 6 defendant Timothy Hale-Cusanelli. 1st hearing since H-C lost his DC Circuit appeal of pretrial detention. AUSA says a plea offer is on the table
AUSA says the plea offer is that Hale-Cusanelli can plead to one count of obstruction of an official proceeding, a felony (that's the most serious count he's facing in the indictment). H-C's lawyer says they're still considering whether to take the deal or press ahead to trial Image
McFadden notes his concern about continuing to push back deadlines given how long Hale-Cusanelli has been in jail since his arrest on Jan. 15, but says he's okay approving another short extension so the defense can consider the plea offer
Read 4 tweets
15 Jul
Hello from Judge Timothy Kelly's virtual courtroom, where a status hearing is taking place in a Proud Boys Jan. 6 case re: Ethan Nordean, Joseph Biggs, and Charles Donohoe (recall all three are now in pretrial detention). Govt says they're producing discovery at a "rapid pace"
AUSA Luke Jones says they're hoping to come up with a schedule for getting through defense motions with an eye to being able to set a trial date — there's no mention of plea talks at the moment
Nordean's lawyer is raising concerns about the lack of a clear schedule for the govt to turn over evidence, and how much more complicated case prep is now that his client is incarcerated, since there are restrictions on how he can access info electronically
Read 8 tweets
15 Jul
The latest batch of videos released in the Jan. 6 cases are from the case of Michael Foy, who is charged with assaulting police with a hockey stick (a warning that these are violent). The videos are chaotic, here are some still from docs that the govt says show where he is
The first video is very short, in the middle of the screen there's a man swinging down with a hockey stick, that's who the govt says is Foy
Second video begins with people chanting "I can't breathe." At around the 58-second mark the confrontation escalates and the man ID'd as Foy begins swinging the hockey stick. People in the background cheer and chant "USA!"
Read 6 tweets
14 Jul
Hello from Judge Thomas Hogan's virtual courtroom, where a plea hearing is set to begin soon in the case of Jan. 6 def Josiah Colt. He was indicted on one felony for obstructing Congress + misdemeanors.

He's the guy photographed dangling from the Senate balcony:
A plea hearing is also scheduled for right now before Judge Trevor McFadden in the case of Danielle Doyle, but the laws of time and space mean I won't also be dialing in to that
Read 16 tweets
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 7 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

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