Thread by @ZoeTillman

Hello from the DC federal courthouse, where Jan. 6 defendant Paul Hodgkins is due to be sentenced at 10. This is the first sentencing for a felony plea deal – he's arguing for no time behind bars, the govt is asking for 18 mos. Stay tuned.

https://twitter.com/ZoeTillman/status/1413316452657020934?s=19

Twist: There's a long line to get into the courthouse (nature is healing!), so there's a chance I may need to dial in for the beginning of the Hodgkins sentencing

Made it into the courthouse, the Hodgkins sentencing hearing has just started (full disclosure: I'm in the media room with a video feed, not the courtroom). Hodgkins is sitting at the defense table in a suit, Judge Randolph Moss has taken the bench

Hodgkins pleaded guilty to one count of obstruction of an official proceeding, which is a felony with a max sentence of 20 years in prison. Hodgkins' estimated sentencing guidelines range is 15-21 months — he's asking for no prison time, the govt is arguing for 18 mos

Judge begins by rejecting Hodgkins' request for a downward adjustment in the sentencing guidelines for "minimal" or "minor" participation — Hodgkins went onto the Senate floor and admitted he acted with goal of obstructing Congress from certifying election results, judge notes

AUSA Mona Sedky is up explaining the govt's recommendation — 18 mos + 3 years of supervised release. She begins by saying there were several "disturbing" aspects of offense, incl. that goal was to "subvert the election" and disrupt peaceful transfer of power

Sedky next points to the methods of the rioters, incl. intimidation and violence. Judge jumps in to note Hodgkins wasn't accused of violence and asks why he should consider that. Sedky says his role was intimidation, and important to consider the context in which he was operating

Sedky says that of the various types of injuries caused by rioters on Jan. 6. Hodgkins was "critically involved in the first type of injury, which was imperiling democracy" — she notes that by making it to the Senate floor, he was part of events that forced lawmaker evacuations

Another injury Sedky talks about is the emotional injury to the lawmakers, staff, and law enforcement who were trapped inside the building for hours as the riots unfolded inside/outside the Capitol — many will bear "emotional scars" for a long time or forever, she says

Sedky argues Hodgkins came prepared for a confrontation (brought rope, goggles) and distinguishes him from people who spent 15 min walking with a crowd inside. She notes he would have seen violence/destruction on his way onto the grounds, into the Capitol, into the Senate well

Sedky says a big reason the govt is seeking a mid-guidelines sentence for Hodgkins is that throughout his time in the Capitol, "He has so many opportunities to turn around and go back and he doesn't"

Sedky says she's struggled to come up with a "pithy" catch phrase that would resonate with the court, and couldn't, so instead she stresses a phrase that Moss + other judges have used, saying Hodgkins participated in a "grave danger to our democracy"

Sedky argues this case falls within the context of Jan. 6 being domestic terrorism, although Hodgkins isn't specifically accused of that — she argues a mid-guidelines sentence of 18 months in prison is necessary generally to deter future events like this

Sedky on 18 mos in prison: "It will send a loud and clear message to other would-be rioters that if and when they are caught they will be held accountable, and that people who might be contemplating a sequel to the Jan. 6 attack will stand down, and there won’t be a next time"

Moss wonders how much to think about Hodgkins' case within broader context of all the prosecutions — assuming there are convictions, he predicts a wide range of sentences that will send a "message," and says he needs to be careful he's sentencing based on facts of *this* case

Hodgkins' lawyer Patrick Leduc is up: Said a lot in my sentencing memo, wants the judge to focus on the statement that Hodgkins has prepared, so Hodgkins is going to go first

Hodgkins: "I can say without a shadow of a doubt that I am truly remorseful and regretful for my actions." He says he's saying this not b/c he's facing consequences, but b/c he understands what he did contributed to the violence/destruction that day and harm to country he loves

Hodgkins says he went to DC to support Trump and participate in a march, and that storming the Capitol wasn't part of the plan. He makes a point of saying that he accepts that Joseph R. Biden is the president of the United States

Hodgkins: "I allowed myself to put passion before my principles." He says he's tried to make positive changes in his life, given up alcohol, gotten involved in church, donated blood, done community service at an animal shelter and food bank, participated in a therapy program

Hodgkins says he'll likely lose his job if he's sentenced to incarceration because his employer can't hold onto his position while he's away, and that means he'll likely lose his home and will need to find a home for his two cats

Hodgkins' lawyer Patrick Leduc is up. Leduc notes he's deploying to the Army literally tomorrow (that's why this sentencing happened quickly), and says he's taken the oath to defend country from enemies multiple times since enlisting in 1988: "Paul Hodgkins is not my enemy."

Leduc says that referring to Jan. 6 as an act of domestic terrorism is "gaslighting," and argues that calling it a riot is more accurate and notes that it's the term that the govt uses more frequently in its court filing

Leduc argues calling Jan. 6 domestic terrorism is "dangerous" and has 1A implications and would mean protests in Minneapolis and Portland could be called that. Moss interjects and says that there's no "plausible argument" that Jan. 6 was 1A activity

Moss indicates he's not a fan of this line of arg, notes some rioters were looking for Nancy Pelosi and threatening the lives of lawmakers: "The chambers of the Congress were emptied during the most solemn act in our democracy of certifying who the next president will be"

Leduc walks it back a bit, says his argument on this issue was "inartful," circles back to focusing on what Hodgkins specifically is accused of doing (and what he's *not* accused of doing) and lack of previous criminal history

Leduc tries to compare Hodgkins to Anna Morgan-Lloyd, who got no jail time after pleading to a misdemeanor. Moss notes that's key, since Hodgkins pleaded guilty to a felony. Leduc acknowledges that's right, and that his client is different for going onto the Senate floor

Leduc quotes Lincoln in arguing for leniency, and Moss throws it back to him: "If we allow people to storm the United States Capitol [when they don’t like what Congress is doing], what are we doing to preserve our democracy in this country?"

Sedky makes a very brief rebuttal, answering a question the judge had about how many people made it onto the Senate floor (roughly 50). Judge Moss is taking a short break to think this over and then will announce the sentence

Moss is back on the bench to announce Paul Hodgkins' sentence

Moss: "I do want to stress at the outset that I am very focused on sentencing you and not sentencing everyone else who was present there that day"

Moss: Although Hodgkins was part of a larger mob, he "actively and intentionally" participated in an event that not only threatened security of the Capitol but also "democracy itself." Fact that lawmakers forced to stop performing core function and had to flee was "chilling"

Moss: Jan. 6 means it will be harder for our country and diplomats to convince other nations to pursue democracy, to convince our children and grandchildren that democracy stands as a solid foundation, to believe that our democracy is as secure as we thought it was before this

Moss says the prosecutor was also right to point out that people who were in the Capitol that day will suffer long-term trauma

Judge says he's less convinced Hodgkins merely "lost his bearings" for one hour that day, or for 15-20 minutes. To the contrary, he got on a bus to come to DC and brought rope and goggles - shows he came prepared for a conflict, "he came that day prepared to defend his position"

Moss focuses on Hodgkins carrying a "TRUMP 2020" flag onto the Senate floor: "The symbolism of that act is unmistakable" - he was staking a claim on the Senate floor, declaring his loyalty to a single individual over a nation

Moss: People "have to know" that assaulting the Capitol and impeding the democratic process, even if they don’t bring a weapon, "will have severe consequences"

Moss is now noting the factors that weigh in Hodgkins's favor, including lack of previous criminal history, his early acceptance of responsibility, his commitment to improving his life and doing community service in the months since Jan. 6

Moss notes that coming up with a sentence is complicated because there is no benchmark, since Hodgkins is the first felony plea in the Jan. 6 cases and this situation "defies" comparison to any garden-variety obtsruction offense

Moss finds that a downward variance in the sentence is warranted, but not as much as defense wants — notes lack of criminal history, early acceptance of responsibility and decision to plead guilty, "sincere" statement to the court from Hodgkins

NOW: A judge has sentenced Capitol rioter Paul Hodgkins to 8 months in prison — it's the first sentencing in the Jan. 6 cases for a felony plea. It's below the 18 mos requested by the govt and the estimated range of 15-21 mos; it's above what Hodgkins requested, which was no time

Moss won't order Hodgkins to immediately go into custody, he'll be allowed to self-surrender to the Bureau of Prisons at a later date

Story, with more to come: A Capitol Rioter Who Made It Onto The Senate Floor Was Sentenced To 8 Months In Prison
buzzfeednews.com/article/zoetil…

Moss: "...the court here had to consider both what I think are the extremely damaging events that occured that day but also who Mr. Hodgkins is as an individual. And as I think is reflected by the sentencing I imposed, I tried to strike that balance." buzzfeednews.com/article/zoetil…

Moss says he wishes Hodgkins well, and is sure he's not looking forward to prison, but hopes he can put this behind him and live a law-abiding life. Hodgkins is seated at the table still, and nodding to the judge — he's wearing a face mask, so it's hard to see his expression

A Capitol rioter who made it onto the Senate floor carrying a large "TRUMP" flag was sentenced today to 8 months in prison — how the judge explained his thinking behind the sentence, and how this case fits into the constellation of Jan. 6 prosecutions buzzfeednews.com/article/zoetil…