Thread by @innercitypress

OK - now #insurrectionBlues first felony sentencing, in US v. Paul Hodgkins. Inner City Press has been covering the case(s) & wrote to DDC Judge Moss on July 16, opposing cut off of call-in line- it's back, live tweeted thread below. Song: soundcloud.com/innercitypress…

US Attorney for the District of DC wants Hodkins to serve 18 months in prison, midpoint of Sentencing Guidelines and the plea agreement they have him. Filing here, via @CourtListener storage.courtlistener.com/recap/gov.usco…

While still waiting for the Hodgkins sentencing proceeding to get going, here's the letter Inner City Press filed with DDC Judge Moss on July 16 documentcloud.org/documents/2101…

... and here's Judge Moss' updated Minute Order after that: "The Court has since heard from at least one member of the press who indicated that some individuals may not be able to access the courtroom or the overflow courtroom..."

Note: These #insurrectionBlues / January 6 cases should remain accessible by call-in for the duration - the defendants come from all over, and all cases began nationwide call-in access, should continue. @sdnylive cc: @rcfp

Judge Moss: I have reviewed all the documents submitted. The sentencing is going to proceed in four steps. First, the pre-sentencing report. Then, the guidelines. Third, statements. Finally, the Court will fashion a fair and just sentence.

Judge Moss: Any objections to the pre-sentencing report?
[Note: these are sealed, for some reason, in full, even though the parties are free to publicly argue about them]
Defense lawyer: The report was well done.

Judge Moss: Mr. Hodgkins, are you satisfied with your lawyer?
Hodkins: Yes, your Honor.
Judge Moss: The guideline is consistent with the plea agreement. Offense level 14, plus 3 point enhancement, 3 point reduction for timely acceptance of responsibility

Judge Moss: Are you seeking an adjustment or a variance?
AUSA: I filed an amendment to say it's a variance. We believe that he role could be defined as minimal. So that could be used as a vehicle to vary down.

Judge Moss: I'm not sure I'd find minimal - he was on the floor of the Senate. Minor role, perhaps. There were people who were more culpable, but he understand what he was doing. He made his way to the Senate floor. The Court concludes, no adjustment. Could vary

Judge Moss: Mr Hodgkins has no prior criminal history. So the guideline is between 15 and 21 months.
[DOJ-requested 18 months, as noted, is right in the middle]
AUSA: We are waiving the fine in light of Mr. Hodgkin's financial situation. But we are seeking $2000

AUSA: We are troubled by the goal, and methods- force.
Judge Moss: But the government acknowledges that Mr. Hodgkins did not use force or threats. So why is this relevant.
AUSA: Our first adjective was intimidation. His presence, with his flag, was intimidation

AUSA: At 2 pm for the next six hours, there was a violent mob in the People's House, to thwart the vote count. Mr. Hodkins did not cause all of this. But he was critically involved in imperiling democracy. He caused the evacuation of the offices

AUSA: Hodgkins spent 30 minutes in the building, to the Senate well, holding his flag as others ranted as Vice President Pence's desk. He came prepared for confrontation - he had an protective eyeglasses. He proudly posed for selfies and posted them to his friends

AUSA: What Mister Conduct's conduct is not - what Mr. Hodgkins conduct was not [she calls him Mister Conduct twice] he came on the bus to DC from Tampa, he walked two miles to the Congressional grounds and he saw his fellow travelers

AUSA: You would have been smelling the tear gas, and he decided to press forward. When he got to the doors, he had a really important decision to make. He walked toward it. Do I take a peek and walk out, or go to the heart of the Senate? He decide, Senate

Judge Moss: How many ended up on the Senate floor?
AUSA: From CCTV footage, I'd say 30 or so. Many of them pillaging Senators' desk, taking photos. He saw an injured rioter he thought was hurt by a rubber bullet. It was a warning sign, he could have left

AUSA: So we're seeking a mid-range sentence. He benefit from people who engaged in worse conduct. That's how he got it and prolonged the evaluation. I've been struggling with, what catch-phrase to do use? I've spent hours but I have none.

AUSA: This is the epitome of the disrespect for the law.
Judge Moss: Your sentencing memo reads like you're asking for low end of guidelines, or a downward variance. Like, 15 months.
AUSA: Fair enough. We are not seeking a high end guidelines sentence.

Note: Hodgkins gave the government his password.
AUSA: He was the second felony defendant to have his plea offer authorized. I have supervisors who could say.
Judge Moss: Get back up at the end and tell me.
AUSA: His attorney said, My guy wants to plead guilty

AUSA: We need to deter domestic terrorism, so those contemplating a sequel to the January 6 attack stand down and turn back.

Hodkins himself: I am privileged and humbled to be here in court. This is the first time in my life in this situation. Your Honor, thank you for letting me speak. I am remorseful for my action on January 6. The country that I love has been hurt.

Hodgkins: I did not engage in assault or theft, but we may emboldened others. I planned to attend President Trump's rally, a president that I love. At the end of the march, I saw the crowd entering. Caught up in an emotional protest, I went in, to the Senate

Hodkins: I will not place any of the blame on any politician or journalist. I acknowledge Joseph Biden as the president. I told a police officer, I am sorry. I told others, Please don't wreck anything. I saw one wounded, shot in the face. I got a 1st Aid kit

Hodkins: I gently held my hand out to a police officer and said, Sorry. I have seen the protests at the courthouses and I assumed the penalties would be light. I was incorrect.

Hodgkins: Since January 6, I have not had a drink. I have donated blood. I have volunteered at an animal shelter. If I am spared prison, I will pay the fine right away. If I am incarcerated, I will be dismissed from my job. I will probably lose my residence

Hodkins' lawyer: The government says, Hodkins and his fellow rioters. But we do not sentence people collectively, as least since we interred the Japanese in World War II.

Hodkins' lawyer: I am deploying tomorrow. I'll be putting on body armor. I enlisted in 20 February 1988. I'm a colonel now. I swore to defend and protect the Constitution of the US. Paul Hodkins is not my enemy.

Hodkins' lawyer: All of this talk about January 6 being an act of domestic terrorism, I find offensive. It was a protest that got out of control. It's not domestic terrorism. I look at UN Security Council resolution 1556 - it doesn't apply [!]

Hodkins' lawyer: There was the time the four Puerto Rican independence advocates fired guns in Congress. There was the Weather Underground, against the war in Laos.

Hodkins' lawyer: We see protests in Portland that turn into riots --
Judge Moss: No one can defend what happened in the Capitol as an exercise of the First Amendment. There were people saying, Where's Nancy? That's more than a riot.

Hodkins' lawyer: I've given more than 30 years of my life to defending the Constitution. You did your own analysis. He was in the Capitol 15 minutes -
Judge Moss: I don't think you're right.
Hodkins' lawyer: OK 21 or 22 min. On the floor of the Senate 5 or 7 min

Hodgkins' lawyer: Paul came to DC by himself, on a bus. He followed the crowd in. He is a humble man. We have the media - he becomes the avatar on both sides of the political equation. He's receiving political nastiness. I'm proud to represent him.

Hodkins' lawyer: Anna Morgan Lloyd, she's in the rotunda, she gets 36 months probation. My client, 100 feet away, is charged with a felony, faces 18 months in jail. He's going to live his 2d Amendment rights

Hodkins' lawyer: He's going to LOSE his 2d Amendment rights-
Judge Moss: Your client pled to a felony. Ms Lloyd didn
t.
Hodkins' lawyer: A large segment of American society will never forgive my client. It's like putting someone in the stocks and throwing tomatoes

Hodkins' lawyer: When Brett Kavanaugh was going through his confirmation is was interrupted 227 times - and those people got fined $35 to $50 a piece. I can hear you, there's a difference. But was Mr. Hodgkins 200 times worse?

Hodgkins' lawyer (quoting) - "A judge who gives a harsh sentence to a Yankees fan and a lenient sentence to a Red Sox fan" is unfair, even if procedurally compliant. How does imprisoning Mr. Hodkins help the people of Tampa?

Hodkins' lawyer: We are a nation divided. We cancel each other... Never mistake the man for the moment. David had an affair. Peter denied Christ... We request no confinement.
Judge Moss: But would that encourage others to do this again?

Hodgkins' lawyer: I think the media can tell the story: he'll be a convicted felon. You could give a year of house arrest. I do state law, I tell my clients in Florida, don't accept that sentence, you'll be bouncing off the walls. We have good weather

Hodgkins' lawyer: There's a wink and a nod here, the DOJ has admitted he didn't do much. He's 38, no record, he's been totally cooperative. He works at a food clinic. He lives in Sulphur Springs, the poorest part of Tampa.

Hodgkins' lawyer: The media is going to blast him. It's like The Scarlet Letter. When I saw the man in the Senate well, I saw a lost man...
AUSA: There were 50 people who made it to the Senate. A subset made it to the well.
Judge Moss: I'll rule in 5 or 10 min

Judge Moss is back, and ready to rule.
Judge Moss: I am very focused on sentencing you, not the others. You pled guilty to unlawfully entering the Capitol and attempting to obstruct Congress. You carried a Trump flag and raised it in salute.

Judge Moss: The damage of January 6 will continue for decades. An author who attended Tom Jefferson's inauguration said, in this happy country, it happens without violence. President Reagan said the same, that is a miracle.

Judge Moss: January 6 makes it harder for our diplomats to tell other countries to follow democracy. This is an enormous harm. There were people who were killed that day...

Judge Moss: Perhaps the attack was never going to succeed, but it delayed and left a stain on us and this country, for years to come... Mr. Hodgkins was not violent, he only entered after it was breached, and after the evacuation.

Judge Moss: He had goggles. He was prepared. He raised a Trump 2020 flag on the Senator floor. It was a threat to democracy. He's 38 and knew better.

Judge Moss: This is the first felony sentencing in the January 6 cases. The data that the Court obtained and placed in the record, show 23% in the guidelines range, 71% below guideline. Before I impose sentence, anyone want to say anything?

Judge Moss: A downward variance is appropriate, but not as substantial as the defense has requested. You are committed to the Bureau of Prisons to eight months and 24 months of supervised release

Judge Moss: I order self-surrender [no remand]... Sentencing is a challenging act. The Court had to balance the damage of the day, with Mr. Hodgkins as an individual. I had to sent a message this was unacceptable. But I believe Mr. Hodgkins is not inherently evil

That's the sentence and the proceeding is adjourned. Glad to have fought to hear and live tweet it documentcloud.org/documents/2101… - podcast and stories soon on InnerCityPress.com and patreon.com/MatthewRussell…