Thread by @KlasfeldReports

An Air Force veteran who posted a photo of a door next to House Speaker Nancy Pelosi's conference room with the caption "We're in" has an ongoing sentencing hearing.

I'll be covering it for @LawCrimeNews.

Derek Jancart engaged in a "propaganda campaign" to convince people that there was no violence at the Capitol, the prosecutor says.

"He has expressed no remorse for his actions," she says.

"He swore an oath to defend the country," and instead he participated in an "attack on democracy itself," the prosecutor says.

The government is seeking four-month sentences for Jancart and his co-defendant Erik Rau, whose hearing is up next.

Both copped a plea deal to a misdemeanor charge with a 6-month max.

AUSA says of what Rau shouted on the video:

"It really is a chilling, chilling incitement of violence."

Rau agreed to making these statements: "We made it up to the Capitol. ... We have the police surrounded! We have you surrounded!"

Note about Jancart posting "We're in" about the breach of Pelosi's conference room:

Rau told authorities he overheard a rioter shouting "shit on her desk," according to his sentencing memo.

Jancart's lawyer A. Eduardo Balarezo is narrating a video that (obviously) cannot be seen on the public phone line.

Such videos are routinely released and likely will emerge later.

"He didn't engage in any violence. He did not break and enter," Balarezo says.

Balarezo compares sharing a video of Rau's bluster to the person who shared the video of George Floyd's murder.

U.S. District Judge James Boasberg scoffs at that comparison: "That's a bridge too far."

Jancart:

"I do apologize for my individual actions that day. I did get caught up in the moment."

Judge issues a 45-day sentence, shorter than the four months requested by prosecutors.

Story soon, @LawCrimeNews

The next sentencing hearing is up: Erik Rau.

The prosecutor notes that Rau admittedly overheard a fellow rioter shouting "shit on her desk" in Pelosi's conference room.

The prosecutor says that she wants to be clear: The government would have requested a much longer sentence if not for his cooperation.

ICYMI: The developing story based on the first sentence.

https://twitter.com/KlasfeldReports/status/1443241480487948300?s=20

Rau's federal defense counsel Michelle M. Peterson is now up.

She says her client did not engage in "assaultive conduct."

He did not break anything, assault anything or engage in violent behavior, she says.

Rau has a full-time job in a steel mill, takes care of his children and maintain the family farm, his lawyer says.

She argues that any jail time will be a burden on him and his family, urging an "alternative" to incarceration because of these circumstances.

She claims that Rau was more remorseful than Jancart.

If Rau were a "single man" with "nothing to lose," a 45-day sentence like the one Jancart got would be preferable to probation, the lawyer says.

But given his family and other obligations, he wants probation.

Rau:

"Pardon me. It's going to be rough. It's rough."

"There's no excuse for my actions on Jan. 6. There's no excuse for even being in the hotel to go over there."

Rau sounds a little emotional:

"I don't know what I would do without my children. A lot of people assume with knowledge you make better decisions." [...]

"I absolutely should have had my wife and my kids in mind."

Judge Boasberg comments on his comments:

"You aren't manufacturing tears. This is real remorse. I know that."

But he says he can't justify giving a different sentence from Jancart's.

45 days.

The story has been updated to reflect both sentencing proceedings, which have now been adjourned. lawandcrime.com/u-s-capitol-br…