Thread by @MacFarlaneNews

STARTING NOW: Sentencing in Jan 6 case of Derek Jancart, who pleaded guilty to disorderly conduct. Feds say he brought radios & gear to Capitol and posted on facebook, "Anyone
know the laws on pick axes in D.C.?”

Will judge order *prison time*?

Standby

Feds want prison time for Jancart

"He's a veteran", "He was alerting others the Capitol was not heavily guarded", "He brought a gas mask"... "He *did* incite violence"

Prosecutor argues Jancart was celebrating violence. "This defendant spent 40 minutes inside the Capitol Building on January 6"

And she argues Jancart "deleted" evidence from his phone

Prosecutor says Jancart referenced a "revolution"... and later "He engaged in a propaganda campaign" to convince people there was no violence at the Capitol

Prosecutor cites Jancart's service to US Air Force.. "He has a heightened awareness of the risk to the government when he participates in something like that"

(This is noteworthy that feds are referencing military service at sentencing. There are MANY vets charged in Jan 6)

Feds request FOUR MONTHS in prison for Jancart

Judge is querying prosecutor with a few questions. Defense attorney will soon present Jancart's argument

Keep in mind -- defense included this nugget in its motion ahead of sentencing. It's .... quite something ===>

(Defense is showing and narrating thru some video exhibits-- which we can't see)

This hearing is an inflection point in Jan 6 cases. Derek Jancart is a military vet who came equipped with gear on Jan 6. He reached MISDEMEANOR plea deal w/ feds

*Will he get prison time*?

Defense lawyer argues Jancart did NOT engage in violence on Jan 6. "He did not break and enter." "He did not fight."

"He did not break any windows... he did not assault anyone"

Defense drew an analogy to the videotaping of Jan 6 with the person who videotaped the death of George Floyd

Judge interrupted

Jancart will be speaking at this hearing, per defense lawyer

Standby for that....

Defense argues Jancart was honorably discharged from military and is gainfully employed. "He realizes he's made a mistake, will not repeat the conduct of January 6th"

Defense says Jancart is not a future danger to the community... arguing the circumstances of January 6 were unique (This is an argument being made by many Jan 6 defendants.... that Jan 6 was something of a one-time confluence of factors)

Defense attorney wraps argument... asking for probation

Standby for Derek Jancart to speak...

Derek Jancart becomes the latest Jan 6 defendant to say -- multiple times in open court -- that he "got caught up in the moment" on January 6

A common refrain at sentencing and hearings in which defendants speak

Jancart adds that he loves his country .. and wraps a very quick set of remarks.

Judge is speaking now.... and begins by describing significance of Jan 6. "Few actions as serious as the ones this group took that day"

Judge credits Jancart for military service, including in Afghanistan. Then said, "You took an early plea in this case and have expressed remorse here today"

Important that "He didn't break anything... or assault"

"Very significant" judge says.. then.....

Judge says it's significant that Jancart brought gas mask and radios. "You went back to your hotel and only left the hotel to come back to the Capitol when you heard the Capitol was breached... you weren't following the crowd... you were there to assist."

Judge: "You yourself bragged you were among the first in the building... You were there for 40 minutes and went all the way to the Speaker's conference room"

"These are all important facts to me"

"A lot of these sentences will be difficult," judge says (referencing Jan 6)

ALERT: Judge sentences Derek Jancart to 45 days in prison

Acknowledging "It doesn't sound like a lot"

NEXT UP: Sentencing for Jan 6 defendant Erik Rau, who's pleaded guilty to misdemeanor disorderly conduct.. and was accused of being with Derek Jancart on Jan 6

Some differences in cases.. standby

Prosecutor argues Rau kept pushing forward into Capitol, despite warnings and indications of unrest and danger. Prosecutor says Rau proceeded despite overhearing someone threaten to "sh** on (Pelosi's) desk"

Feds are seeking FOUR MONTHS in prison for Rau... calling it "just and appropriate"

Prosecutor says recommendation of FOUR MONTHS in prison includes benefit & deference given to Rau for pleaded guilty early in case

Standby for defense

Defense says Rau went to the Capitol "out of curiosity as much as anything else".... then she repeats the refrain that he was "caught up in the moment'

Lots of "caught up in the moment" statements in Jan 6 case hearings

Rau's attorney blames politicians for inciting violence on Jan 6... then repeats argument that Rau did not engage in violence

Rau's attorney says Rau is caretaker for 3 children (his wife works days, he works nights)

Defense says "even 45 days" in jail would be very impactful to Rau family..... "they'd lose their primary source of income"

Rau's defense attorney seeks "alternative" to prison for Rau

Defense say Rau has shown more remorse than Jancart (who was just sentenced to 45 days in prison/jail)

His defense attorney says Rau was "truthful, contrite.. he has been throughout"

And she acknowledges Rau deleted items from his phone after Jan 6

Erik Rau is speaking now. "There's no excuse for my actions on January 6th"

"I know 100% to do better than what I did that day"

Cites need for his children to have him around... as he seeks to avoid prison sentence

Rau: "It's a day I'll never forget"

"I absolutely should've had my wife and kids in mind"

"I'm very hopeful in the future ... to move past this"

"I'm sorry you have to spend your time with me this morning"

Judge is about to issue sentence. He begins, "The offenses committed that day on January 6 were all very serious"

Judge says power comes from the people.. "not those installed... through violence"

Judge says it's an "important fact" that Rau went to Speaker Nancy Pelosi's office

Judge then cites "mitigating" factors in this sentencing:
"The fact that you surrendered.... the fact that you're exceedingly remorseful today... "

ALERT: Erik Rau gets 45 days in jail/prison in Jan 6 case

He's the 2nd of 2 defendants who pleaded guilty to misdemeanor DISORDERLY CONDUCT and accused of bringing gear, radios to Capitol to get this sentence today

No damage, assault accusations