Thread by @ZoeTillman

Hello from Judge James Boasberg’s virtual courtroom, where back-to-back sentencings are starting soon for Jan. 6 defendants Derek Jancart and Erik Rau. The government is seeking 4 mos in prison for both; the defendants will be arguing for probation

https://twitter.com/ZoeTillman/status/1441471643340009472

These are the first sentencings where the govt is arguing for prison for defendants who pleaded guilty to a misdemeanor and weren’t already in jail on pretrial detention (recall Michael Curzio and Karl Dresch pleaded to misdemeanors and received sentences for time served)

Jancart is going first for sentencing. AUSA Leslie Goemaat begins by stressing all participants on Jan. 6 were collectively responsible: "There is no riot without rioters." She argues he demonstrated lack of remorse and celebrated what happened

Boasberg asks if there are any other misdemeanor plea cases where govt sought prison time, keeping sentencing disparities in mind. Goemaat cites Dresch/Curzio, noting judges could have ordered less than 6 mos for time served, and new update of 6-month recc for Robert Reeder

Goemaat focuses on video Erik Rau taped that day where he's heard, as the govt puts it, encouraging/inciting other rioters, and she argues Jancart was with Rau, cheered him on, and posted the video to Facebook. Jancart's lawyer argues it's thin evidence as far as *his client*

Jancart's lawyer Eduardo Balarezo is playing videos for the judge that he says shows police waving rioters through (I'm on the audio access line, TBD on whether/when we'll get these videos after the hearing)

Balarezo says Jancart is remorseful, but also argues that he "shouldn’t be punished for having opinions" (govt highlighted Facebook posts after the riots where he downplayed the violence)

Jancart addresses the judge: "I do apologize for my individual actions that day. I did get caught up in the moment. ... I love this country and like I said, I feel ashamed of the actions I took that day." He stresses he didn't go in with the goal of hurting anyone or destruction.

Boasberg is announcing his decision right away. He begins by saying he respects Jancart's military service and expression of remorse now, but also says it's significant that he came back to the Capitol after going back to his hotel first, plus what he posted on Facebook after

Now: Boasberg sentences Derek Jancart to 45 days in jail, the first jail sentence for a misdemeanor plea in the Jan. 6 cases where the defendant wasn't already incarcerated

Boasberg says that 45 days may not sound like a lot of time to some, but notes that even one day in jail is not "pleasant"

Boasberg referred to the unpleasantness of time in the DC jail, but Jancart's lawyer notes he's in Ohio (he's been on pretrial release). AUSA says it'll be up to the Bureau of Prisons to decide where he'll serve, most the judge can do is make a recc to place him near his home

Boasberg also asks Jancart to voluntarily come back before him for a reentry hearing after he serves his prison sentence; judge says he can't require that, but finds it productive

That's a wrap on Jancart's sentencing, Boasberg is moving right along to Erik Rau's sentencing — Rau and Jancart went to the Capitol together, govt is also seeking 4 months in prison, Rau will be arguing for probation

AUSA Goemaat is back up, notes that there is no evidence that Jancart and Rau were waved in by police — she says the videos that Jancart's lawyer showed the court during the previous hearing depicted a different door than the one these two defendants entered in

Goemaat says Rau spent 40 mins inside, would have seen broken glass where building was breached, made his way to Speaker Pelosi's conference room. She focuses on the video he recorded where he's heard yelling encouragement to rioters

Goemaat narrates how Rau would have heard another rioter in Pelosi's conference room shouting to "shit on her desk" and did not turn around and leave at that point

Goemaat says Rau has already received benefits for his early plea, and says the govt likely would have argued for 6 months in prison but reduced it to 4 months as credit for his cooperation

Rau's lawyer Michelle Peterson says that the fact that the govt isn't bringing more serious charges against Robert Reeder for assaulting police and instead asking for 6 mos weighs in favor of more leniency for Rau, who isn't charged with violence at all

Peterson acknowledges that Rau faces an "uphill battle" in arguing for no prison time now that the judge just sentenced Jancart to 45 days, but she argues he went back to the Capitol more out of curiosity, says his comments were "stupid" and is remorseful

Peterson asks the court to consider an alternative to 45 days, stressing that such a period of incarceration would have a "devastating" effect on Rau's family since there's a good chance he'd lose his job and there'd be a ripple effect for his wife and care for their children

Peterson says one alternative for Rau could be weekends in custody, versus a straight 45-day period in custody

Rau addresses the judge, and cries at times talking about the impact on his family: "I am first of all very sorry that you are having to spend your morning having to deal with me," he begins. "There is no excuse for my actions on January 6."

Boasberg is again moving right into announcing a sentence. He says Rau could have watched what was happening on TV at the hotel and made a choice to go back, and says encouragement/incitement among rioters is what prompted people to riot

Boasberg also notes that Rau was on probation at the time, and should have been especially mindful of the effect on his family

Now: Boasberg sentences Jan. 6 defendant Erik Rau to 45 days in prison, says that given his actions on Jan. 6, the judge can't justify giving him a different sentence than Derek Jancart received earlier this morning