Thread by @JordanOnRecord

Today at 11 and 11:30 we have sentencing hearings for Derek Jancart and Erik Rau. The men pleaded guilty in July, and face up to 6 months in prison. The DOJ is asking for 4.

Jancart's attorney is arguing for 24 months of probation. Rau's, 30. #CapitolRiot @wusa9 @EricFlackTV

Derek Jancart is up first. Despite Judge Lamberth's admonition that he didn't want Anna Morgan-Lloyd's probation-only sentence to be viewed as precedent, Jancart's attorney is referencing it here as a factor in giving his client probation instead of prison.

The DOJ says a video filmed by Jancart's friend, Erik Rau, which Jancart then posted to Facebook, shows him "celebrating" the violence against police on January 6. Also says he deleted the video from his phone in an attempt to destroy evidence.

DOJ says Jancart poste on Facebook about a coming "revolution" and that the purpose of 1/6 was to "show politicians we can get this far any time we want."

DOJ: "What we did not see on social media was any regret or remorse. What we saw was a defendant who was proud and defiant."

DOJ says Jancart attempted both to downplay his involvement in the #CapitolRiot and claimed that he had a right to be in the Capitol on January 6 because he "paid taxes."

DOJ also says Jancart's military history should have impressed upon him the wrongness of his actions on January 6. Says he spent 40 minutes inside the building during the riot, and has been "defiant and proud" about it ever since.

Judge James Boasberg asks if there are other misdemeanor defendants where the government has asked for 4 months in prison. DOJ points to Michael Curzio, who got 6 months (time served), and Robert Reeder, who they're now asking to serve 6 months. wusa9.com/article/news/n…

Jancart's attorney, Eduardo Balarezo, is now showing a movie he says shows police officers "waving people through" into the Capitol. We on the public line, of course, can't see the video.

Balarezo says Jancart did not engage in violence. He says the idea that Jancart "endorsed and celebrated" the violence against police is "completely incorrect." Compares him (in what Judge Boasberg calls a "bridge too far") to the girl who recorded the death of George Floyd.

Balarezo says Jancart is remorseful for his actions, but that the judge shouldn't "punish him for having opinions."

Balarezo now saying the probation-only sentence the government requested for Anna Morgan-Lloyd is the same standard Jancart should be held to. wusa9.com/article/news/n…

Derek Jancart: "I do apologize for my individual actions that day. I did get caught up in the moment. I wish, in hindsight, that I had shown better behavior and staid back, staid away from the building."

Derek Jancart: "While I was in the building I was yelling at people who were destroying things saying, hey, we paid for those things, you shouldn't destroy those things. Because I have great memories of the history of this country. I love this country."

Judge Boasberg: "Let me start by saying that all of the people charged with January 6 offenses are serious. All of these crimes are serious. You attempted, with others, to undermine one of our country's bedrock acts, which is the peaceful transfer of power."

Boasberg says Jancart's individual circumstances have both aggravating and mitigating factors. Says he greatly respects his military service in Afghanistan. Acknowledges that he took an early plea and that he didn't commit violence.

Boasberg: "On the other hand.... [after the speech] you went back to your hotel. You only came back to the Capitol once you'd heard it had been breached. I believe that is significant... you yourself bragged that you were one of the first 100 into the building."

Judge Boasberg says he's decided the best balance for Derek Jancart is a 45-day sentence in jail. "I know that may sound like not a terribly great amount... but I know, as anyone knows, that even a single day in jail isn't pleasant." #CapitolRiot @wusa9 @EricFlackTV

Boasberg is granting Jancart 60 days to report to jail to get his affairs in order/hopefully keep his job while he's behind bars. Must report to authorities by November 29.

We're going straight into the sentencing hearing for Jancart's friend, Erik Rau. Rau also pleaded guilty to the same misdemeanor charge of disorderly conduct in a restricted building or grounds.

Although the DOJ is asking for the same 4 months for Rau as Jancart, they note his conduct on January 6 was more alarming. He was recorded yelling at police "we have you surrounded!" while other rioters nearby screamed "traitors gonna hang."

DOJ also says that, while he was "significantly more conciliatory" during his interview w/ FBI than Jancart, Rau didn't turn himself in until he'd learned his friend, Jancart, had been arrested.

Erik Rau was also under probation for a previous domestic violence convicted on January 6. Still, DOJ says his cooperation following his arrest is why they allowed him to plead to a misdemeanor w/ a max of 6 months, and why they are only asking for 4.

DOJ says knowing his family needed him to provide for them – and also the 178 days of suspended jail time hanging over his head – should have been enough to deter him from joining in the #CapitolRiot, but it wasn't.

DOJ's decision yesterday not to pursue new assault charges against Robert Reeder already being brought up against them in court. Rau's attorney says Reeder kept misdemeanor plea even though there's evidence of altercation w/ police. wusa9.com/article/news/n…

Point of above was to rebut DOJ's argument that Erik Rauh has already been offered a lenient plea deal.

Rau's attorney says if Rau is sentenced to jail time he will likely lose his job at a steel mill and his wife may then lose her business because she'll have to stay home and take care of their children.

Michelle Peterson, Rau's attorney, says Derek Jancart's statement to investigators was "combative" and portrayed himself and other rioters as the victims. In comparison, she says, Rau was honest and forthcoming and genuinely remorseful.

Peterson says any period of incarceration for Erik Rau will "essentially destroy their family situation. They will be impoverished. There's no way around that."

Erik Rau: "There is no excuse for my actions on January 6. I can't tell you how much this... [inaudible]... I don't know what I would do without my children."

Erik Rau: "I absolutely should have had my wife and my kids in mind. It was a day that I would love to forget. It has impacted my family greatly so far, and I can only imagine the impacts it could have moving forward."

Judge James Boasberg is now repeating some of the things he told Derek Jancart. Says Rau's offenses on January 6 were very serious and sought to undermine our country's peaceful transition of power.

Boasberg: "You could have stayed in your hotel. If you were curious you could have watched on TV like the rest of us did."

Boasberg: "When you have young children who are depending on you, and a wife and a farm and a job, those are all things you should think about when you engage in these kinds of activities."

Boasberg says Erik Rau is extremely remorseful today: "This is not an act. You're not manufacturing tears. I know that."

Boasberg: "The remorse and the fact that you self-surrendered help you, but the fact that you were on probation, and what you yelled at police... so I'm going to give you the same 45-day sentence as Mr. Jancart."

Judge Boasberg says he will recommend Rau be placed in a facility near where he lives in Ohio. He will have until November 29 to report to the Bureau of Prisons.

Peterson is asking the court to recommend Rau's sentence be served at a community correctional center. The DOJ objects to that. Boasberg says he's not sure if that's the appropriate placement.

Boasberg: "Good luck to you, Mr. Rau. I expect you to be a highly productive citizen upon your release."