NEW: A federal judge, a former public defender, just sentenced a Capitol misdemeanor defendant to 45 days incarceration, saying a “slap on the wrist” isn’t appropriate in many Jan. 6 cases.
“The country is watching to see what the consequences are for something that has not ever happened in the history of this country before.” huffpost.com/entry/capitol-…
“The sentencing before US District Judge Tanya Chutkan marked the first time that any judge presiding over the hundreds of Jan. 6 prosecutions in Washington, DC, handed down a sentence that was harsher than what the government asked for.” @ZoeTillman: buzzfeednews.com/article/zoetil…
McFadden, a 2016 Trump donor and former Fairfax County police officer, questioned whether the U.S. Attorney’s Office was "even-handed in its concern about riots and mobs in this city.”
A couple of notes on that.
1) McFadden was at DOJ when prosecutors began throwing the book at protesters who were mass kettled on a public street during Trump’s inauguration. You can’t ignore that just because they feds prosecuted it in Superior Court. huffpost.com/entry/protesti…
Last year, D.C. police tried to bring forth some garbage felony rioting cases again protesters that even the Trump-appointed U.S. Attorney couldn’t get behind. huffpost.com/entry/muriel-b…
Protesting on a public street: protected by the First Amendment.
Storming the U.S. Capitol: Always unlawful.
(Also a lot of these Jan. 6 cases were handed to the feds on a silver platter because the Trump-backing rioters took zero precautions.)
This might be a more viable argument (and not so apples-to-oranges) had hundreds of unmasked Black Lives Matter supporters stormed an occupied federal building in broad daylight last summer, triggering an array of applicable criminal charges while surrounded by cameras.
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Hearing underway for Daniel “D.J.” Rodriguez, charged with electroshocking Officer Mike Fanone during the Capitol attack.
Rodriguez, who is appearing virtually, said he’s doing “okay.”
He’s got a new federal public defender out of Las Vegas.
Judge Amy B. Jackson presiding.
Defense says the government will not extend a formal plea agreement until Daniel Rodriguez sits down and talks.
Government says there are “extenuating circumstances” particular to this case, and they need him to debrief about “other individuals” he knows before plea offer.
D.J. Rodriguez has been in custody since March. He was arrested a month after HuffPost, building on the work of online sleuths and antifascists, identified him. #TaserPrickhuffpost.com/entry/daniel-j…
Robert Scott Palmer will be locked up until his sentencing. His lawyer said he sold his assets to prepare for incarceration. huffpost.com/entry/capitol-…
He’ll join D.J. Rodriguez, who electroshocked Officer Mike Fanone. Rodriguez, who was identified by sleuths and antifascists and named in a HuffPost story in February, has a court hearing at 2:30. huffpost.com/entry/fanone-t…
A plea hearing is now underway for Robert Scott Palmer, aka #FloridaFlagMan. He lawyered up and contacted the FBI after he got a call from HuffPost. huffpost.com/entry/robert-s…
"I’m just trying to live my life right now.”
He hung up when HuffPost asked him about the fire extinguisher.
Sentencing hearing underway for Matthew Mazzocco. Judge questioned why Mazzocco’s lawyer filed her sentencing memo under seal without permission. It will l be unsealed, letters may be filed redacted.
Judge Tanya Chutkan says a large number of Mazzocco supporters wrote letters.
Prosecutor says everyone who was unlawfully present in the Capitol on Jan. 6 contributed to the riot.
“No rioters acted in a vacuum.”
Says probation should not become the norm for misdemeanor defendants, risks downplaying what happened on Jan. 6.
Prosecutor: This was a crime that literally played out before the eyes of the world… Rioters uploaded their crimes in real time.