HAPPENING NOW: Sentencing for #CaptiolRiot defendant Valerie Ehrke, who was in Capitol for only about a minute before being pushed out by cops. Prosecutor Kevin Birney: 'It is a pretty good outcome we would say for Ms. Ehrke given how serious the total event was.'
Def atty Robert Holley: 'She is absolutely devastated by all of this she has been crying all morning..She's been punished about as much as anybody can possibly be punished….” Her bank accounts and credit cards were canceled.
Judge Friedman asks about the closures. Ehrke responds: 'They said it was merely a business deicison and they wouldn’t give me any other details.'
Judge Friedman says he wishes that all members of Congress would watch the videos showing violence against police on Jan. 6.
After calling the Jan. 6 assault an ‘insurrection’ and 'incredibly problematic for a democratic society,’ Friedman says Ehrke’s role was ‘about as minimal as it gets.’ Gives her 3 years probation. $500 restitution. No fine. 120 hours of community service.
Judge also mentioned expected demonstration tom'w and fences that have again gone up around the Capitol. Calls ‘misguided’ the view that 1/6 defendants are political prisoners. Some may be patriots, but what they did was not First Amendment protected speech or protest. ENDS
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Sens. Leahy and Kennedy just got into it at SJC, with Leahy suggesting that Kennedy is holding female nominees to a higher standard. Followed Kennedy badgering 9th Cir nominee Sung for being unwilling to say whether she thinks Kavanaugh is morally bankrupt.
'I don’t belive the senator has any evidence to show I’m somehow being misogynistic,’ Kennedy responds. ‘Let's all stop and think of what we’re doing,’ Leahy replied.
Now, Sen. Lee suggesting the letter Sung signed attacking Kavanaugh was defamatory, which it surely was not.
Wondering how the new brief from abortion providers in the #SCOTUS case on Mississippi 15-week ban deals with the trans & non-binary issue? It leans heavily on arguments about the rights of women and addresses others in a footnote on p.13. Earlier: politi.co/2YXFQix
HAPPENING NOW: Detention hearing underway for Penn. resident accused of spraying cops w/irritant on Jan. 6, Sam Lazar. Test of how judges make sense of Monday D.C. Circuit ruling releasing George Tanios, accused of conspiring to do similar act. Earlier: politi.co/3jHYpxx
Prosecutor Douglas Collyer said Lazar remains a threat because ‘feverish’ Jan. 6 rhetoric 'has really not gone away.’ Mentions that some still expect Trump to be inaugurated this month.
Defense atty David Benowitz says Lazar hasn’t been violent since January, which is good indicator he won’t be. Says Tanios case said judges should look to post-event actions. As for Lazar’s talk of war : ‘Certain things get said in the heat of the moment that people may not mean'
BREAKING: Virginia couple Joshua & Jessica Bustle won’t get jail time for entering Capitol amid riot. Judge notes Bustles were in DC for anti-vaccine rally, not Trump rally. Despite inflammatory web posts, they say were unaware of violence as it happened politi.co/3iGyhEI
Joshua Bustle sentence: 24 months probation…30 days home confinement….40 hrs community service…no fine, $500 restitution
Judge says Jessica Bustle’s conduct was more serious….she gets 60 days home confinement (allows for work & medical appts)….$500 restitution…no fine….40 hrs community service….
HAPPENING NOW: Giuliani associates are seeking delay in their trial on campaign finance & fraud charges from October to next February. Wife of 1 defendant, Lev Parnas, is expecting in November.
Judge has carved out the most Giuliani-related portion of the case, though.
Prosecutor says 1-2 week trial and about a dozen witnesses
#CapitolRiot defendant Brandon Fellows left voicemail for pretrial services supervision in which he said of her colleague: ‘I know [she] was just trying to do her job and so were the Nazis.’ And: ‘This is how you radicalize people, man.'
Also he explained he didn’t want to come to pretrial services office in Albany, NY because his car was in disrepair and he didn’t want to take bus because: ‘I like starting fights random people over masks.'
Also made comments to pretrial officials about hormones and sex drive and his genitalia. He also allegedly called mother of a pretrial services officer which scared mother & her. Sent officer screenshot of Google search of her. Fellows has said he has mild autism.