Hello from Chief Judge Beryl Howell's virtual courtroom, where a plea hearing is getting underway in the case of Jan. 6 defendant Leonard Gruppo of New Mexico. This is a misdemeanor-only case: s3.documentcloud.org/documents/2080… ImageImageImage
Tipsters ID'd Gruppo to the FBI after a complaint was filed in April against another defendant, Kenneth Kelly, that included a photo of an unidentififed man. In May, a lawyer who said they repped Gruppo contacted the govt to confirm the ID Image
Gruppo is pleading guilty to one misdemeanor charge, for parading, demonstrating, or picketing in a Capitol building, which has a max sentence of 6 months in jail (this is the same charge featured in most plea deals so far)
A notable exchange:

Howell, going over the facts of Gruppo's case, asks if his purpose going inside the Capitol was to protest Congress certifying the electoral college results.

Gruppo pauses, then says: "Your honor, I was there to support the president," followed by a pause
Howell follows up by asking him, your purpose in walking through the Capitol wasn't to be a "tourist," right? Gruppo replies, "No ma'am." Howell presses him to then explain what exactly he was parading/demonstrating/picketing about, per the charge he's pleading guilty to...
Gruppo: "Well your honor. You know, I came to attend the rally, it moved to the Capitol, I got caught up in the events of the day and entered the building. I knew I shouldn’t have [pause] I did not intend to disrupt Congress [pause]

Howell's not quite done with him yet...
Howell asks if he was there to demonstrate in support of Trump. Gruppo says that's accurate: "The president asked his supporters to go and that’s why I went." Howell presses him to make clear that he understood he wasn't just on a walk, but there to demonstrate
Howell explains this questioning is aimed at making sure the conduct Gruppo is admitting to actually fits the elements of the crime that he's pleading guilty to. The AUSA says their understanding is they have to show there was a disruption, more than just "tourism"
Howell appears inclined to accept Gruppo's plea, but this is the latest notable instance of the judge pushing the govt/defense to be clear about having people who are pleading guilty to this low-level misdemeanor charge acknowledge the broader circumstances of the riot
Recall Howell recently pushed the govt to explain whether these misdemeanor plea deals were letting people off too lightly for being part of the mob involved in "stopping a constitutionally mandated duty of the Congress and terrorizing members of Congress" buzzfeednews.com/article/zoetil…
And voila, Howell has indeed accepted Gruppo's guilty plea, and set sentencing for Oct. 29

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More from @ZoeTillman

14 Sep
New: Defendants in the Jan. 6 Oath Keepers conspiracy case have lost part of their effort to get charges tossed out — no ruling yet on the conspiracy/obstruction counts, but the judge largely rebuffed other challenges s3.documentcloud.org/documents/2106…
The judge rejected challenges to the following charges in the Oath Keepers case:
- entering/remaining in restricted area or building
- destruction of govt property/tampering w/ evidence
The judge does find that defendant Joshua James is entitled to more information about which officer(s) he's accused of assaulting, but his lawyer already acknowledged that getting that info nullifies his motion to dismiss the count altogether
Read 4 tweets
14 Sep
Hello from Judge Thomas Hogan's virtual courtroom, where a plea hearing is about to begin for Jan. 6 defendant Andrew Hatley. Feds confirmed he was there via Life360 cell location data. This is a misdemeanor-only case
s3.documentcloud.org/documents/2045…
When Hatley was contacted by an FBI agent shortly after Jan. 6, Hatley "advised he was not sure how much he should say without legal counsel because he could be in a great deal of trouble"
Hatley is pleading guilty to one count of parading, demonstrating, or picketing in the Capitol, a charge that carries a max sentence of 6 months in jail — this is the same class B misdemeanor we've seen in most Jan. 6 plea deals to date
Read 10 tweets
13 Sep
Ethan Nordean and Joseph Biggs, charged in a Jan. 6 Proud Boys conspiracy case, are in court today arguing to be released. The thrust of the defense position is that they're on track for trial, and they argue they cannot prepare given complexity of the case w/ clients behind bars
Judge Timothy Kelly says he's sympathetic to concerns about trial prep — and notes that it's a problem they'll have to address even if he keeps them jailed — but notes that trial prep isn't one of the main factors courts can weigh in deciding whether to order pretrial detention
Nordean's lawyer Nicholas Smith begins by arguing the govt hasn't shown a specific risk that Nordean poses going forward, Kelly stops him to remind Smith they already argued this, the judge disagreed, *and* the DC Circuit upheld the detention decision
Read 5 tweets
12 Sep
In 2016, Trump pitched to skeptical Republicans that even if they didn't like him, they needed him. Why? Judges.

The fight over Texas's 6-week abortion ban showed the lasting impact of Trump's nominees, not just at SCOTUS, but across the federal courts:
buzzfeednews.com/article/zoetil…
The justices didn't have to do anything for SB 8 to take effect — they simply didn't disturb a 5th Circuit order, which refused to halt the law and cut off the possibility of an immediate injunction. That three-judge panel featured two Trump nominees. buzzfeednews.com/article/zoetil…
It's not just Texas, and it's not just the 5th Circuit. Trump + Senate Rs deepened conservative majorities in circuits that cover many states trying to restrict abortion access. Some of these judges fast became leading anti-abortion voices on the bench
buzzfeednews.com/article/zoetil…
Read 5 tweets
10 Sep
Now: The 5th Circuit has issued a new order in the SB 8 case brought by abortion providers, and the short version is that it leaves the law in place for now.

It explains why it's keeping a stay in place that prevents any action in the district court: s3.documentcloud.org/documents/2106… Image
This order does a few things:
- First, the 5th Circuit says the state defs (state judges, clerks, medical licensing officials, AG Paxton) win in arguing immunity — they don't enforce SB 8, so they can't be enjoined from doing anything, so they're not proper parties Image
- Next, there's the matter of antiabortion activist Mark Lee Dickson. Dickson can't claim immunity, and the district judge rejected his other args for dismissal. 5th Circuit says it'll hear his appeal of all that on an expedited basis, and keep the district court case on hold ImageImage
Read 6 tweets
9 Sep
AG Merrick Garland will be announcing a "civil enforcement action" at 2:30pm. Release doesn't specify what it's about, but @sgurman broke last night that legal action is imminent re: Texas's abortion ban, so stay tuned. Live stream will be here: justice.gov/live Image
DOJ's "civil enforcement action" presser was set for 2:30pm, live stream page updated to say 2:45pm, now says 3pm. There is a case docketed in WD-TX for United States v. Texas involving a constitutional claim, but nothing to 100% confirm it's about SB 8. So that's where we are. Image
NOW: DOJ is suing Texas over SB 8, the state's 6-week abortion ban, case is live: s3.documentcloud.org/documents/2106…

More to come shortly, stay tuned ImageImage
Read 11 tweets

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