Thread by @MacFarlaneNews

Starting now: Sentencing in the Jan 6 case of Josh & Jess Bustle of Virginia. Not accused of damage or assault. Feds are gonna recommend "home detention" (slightly more for Jess, citing her social media posts about Pence)

Let's see if judge goes higher and orders any prison

Interesting: Judge just said there shouldn't be a presumption of probation in these Jan 6 misdemeanor cases. Raising the bar for defense lawyers here

Prosecutor: "This is not a minor crime.... The riot was an attack on the legislative seat of the United States.. and transition of power between Administrations"

"People should not assume probation is going to be the default."

"Probationary sentences if they become the norm could undervalue the seriousness" of the Insurrection, per prosecutor

Prosecutor: "No rioter acted in a vacuum"

"Many members of the riot were taking pictures of themselves.. uploading evidence of their crimes... were writing their own narratives of how proud they were of what they accomplished"

Prosecutor just warned of importance of "deterrence" for next time Congress counts the Electoral College (2025)

They're pushing for something tougher than the probation sentence given in the case of Anna Morgan Lloyd a few weeks ago

Prosecutor estimates Josh & Jess Bustle spent 20 minutes in Capitol, entering while alarms were blaring & damage was clear. Prosecutor acknowledges they did not engage in damage or violence

But he says Jessica Bustle's FACEBOOK posts make significance of her offense "greater"

Prosecutor says Jess Bustle is pregnant.. and that it should be a consideration in sentencing

Whoa. Judge just mentioned his concern about Anna Morgan-Lloyd going on FOX NEWS one day she entered guilty plea in her Jan 6 case.

Defense lawyer for Josh Bustle says it's not appropriate to refer to all those charged in Jan 6 as "rioters"

Defense: "They walked into breached building... casually talking to police officers.. Mr Bustle did not participate in a riot"

It appears Ms Morgan-Lloyd has risked complicating matters (and cases) for other defendants. With her Fox News interview

Defense lawyer: "They have to move.. to start a new life.. because they've lost everything in the court of public opinion".... "they've been shamed"

Moving from Virginia to North Carolina

Defense lawyer now asks court to waive the criminal fine in case, because Josh Bustle is losing work as a realtor

Federal prosecutor explains significance of size of crowd and EVERYONE who was inside illegally that day...

The longer it took police to remove the crowd, the longer the fighting went on

Prosecutor defends use of term "rioter" for all inside illegally in mob

Now Jessica Bustle's attorney is talking... saying "gentle manner" was used as she walked through Capitol Building

Attorney acknowledges Bustle was also carrying anti-vax sign while inside (after Judge referenced it)

!!! Defense attorney says "you know who" was misusing social media for four years... setting bad example

He says Bustles are no longer on social media

!! Defense lawyer: "Very large prominent figures".... "you know who" .. were telling people to do certain things

Defense lawyer says Jessica Bustle shouldn't be ordered to pay fine either.. because "she's a housewife, raising a child, with another on the way"

He asks for sentence of probation

Josh Bustle tells court, "I recognize I did break the law."

Bustle says he's "still in real estate.." but "can't perform anymore"

Moving to North Carolina for "fresh start" due to notoriety of case. (I'm wondering where in N. Carolina is Jan 6 case not notorious?)

Jess Bustle tells court, "I'm sorry for my actions. I love our country. And that's all"

Judge asked Jess Bustle about her Facebook post that Pence is a "traitor" and about her "storming the Capitol".. election being stolen

She replied "Those Facebook posts were made before I had any clue what was going on"

Judge drills down further and asks Jess Bustle if her views of election have changed ...

Jess Bustle "No I don't agree with the violence and stuff like that. I wasn't aware of that stuff, because I didn't see any of those things going on"

Jess Bustle specifies that she was in DC for a "medical freedom" protest that day (anti vax)

Judge says he will NOT give Bustles jail time
Standby for rationale

Judge cites lack of criminal records, misdemeanor ("minor") offense to which Bustles have pleaded guilty, lack of damage caused by couple

Judge credits Bustles for resolving case (pleading guilty) early on.

Judge: "Mr. Bustle has suffered consequences already" (referencing reputation and employment troubles)

Josh Bustle sentence: Two years probation, 30 days of home confinement, 40 hours of community service, $10 special assessment

Bustle asks delay in imposition of home confinement, because the family is moving on August 14. Judge agrees

Jessica Bustle sentence: 2 years probation, 2 months home confinement (longer than her husband)

Judge specifies his concern about Jess Bustle's social media posts