At 10 a.m. Robert Reeder will be back in court for his second try at sentencing. After @SeditionHunters surfaced new video of him, the DOJ is now asking he serve the maximum of 6 months behind bars.… #CapitolRiot @wusa9 @EricFlackTV
Robert Reeder's attorney has tried to portray him as an "accidental tourist," not even that into Trump, who just wound up at the Capitol on a lark.

DOJ says his social media tells a different story about an avid believer in the Big Lie. #CapitolRiot @wusa9 @EricFlackTV ImageImage
"This time the conservatives will stand their ground and the radicals will die," Robert Reeder wrote on a December 3 post. Image
Appears the public line has kicked on in media res.
The DOJ is going over their presentation of Robert Reeder's statements online prior to January 6. Includes this gem saying a civil war was coming. Image
DOJ says Robert Reeder stood in the Capitol Rotunda, where politicians, jurists, law enforcement officers and other American heroes have laid in state, and celebrated the actions of a violent mob.
DOJ says Reeder "was never truthful with us" about his interactions with law enforcement on January 6. @SeditionHunters were the ones who turned up evidence he *had* been in an altercation with officers.…
DOJ is now showing a video that shows "slow motion of the defendant assaulting the officer." But govt. decided not to charge Robert Reeder w/ assault, and instead just ask for max sentence to the misdemeanor charge he pleaded to.
"Your honor, the defendant has repeatedly lied to law enforcement and been less than candid," DOJ says. Which, as @emptywheel pointed out, begs the question: why not charge Robert Reeder with lying to the FBI? That's a crime, too.
DOJ says Reeder took down his Facebook account "not out of shame, but to obscure the evidence of his participation in the riot." Reeder also suggested in an interview w/ the FBI that officers were setting up rioters by tricking them into entering the Capitol on January 6. Image
"In fact, the defendant was a rioter, violating the law. Not a journalist. Not a tourist. A criminal," DOJ says. "The only thing he has shown remorse for is being held responsible for his actions."
"In blaming the government and law enforcement [for January 6], the defendant has essentially blamed a homeowner for not having a better alarm," DOJ says.
Reeder's attorney, Robert Bonsib – who, just as a parenthetical note, once asked my colleague @EricFlackTV if he was a "sonofabitch" – is up now. He says there's "more to the story" than the DOJ has presented.
Bonsib says it's "not appropriate" for the government to use Reeder's posting of his "political positions" on Facebook against him in this case.
Judge Hogan is talking now but he is cutting in and out badly and I can't understand him.
Bonsib says Reeder quickly secured legal counsel and "made himself available" to the FBI within two weeks of the riot. But, as Bonsib notes, Reeder had seen his face on an FBI wanted image from January 6.
Bonsib on the video appearing to show Robert Reeder in an altercation w/ police: "We do not believe that this is what it appears to be."
Currently sounds as if the hearing is taking place inside a tin can.
It's *really* hard to make out what he's saying, but Bonsib appears to be arguing that Reeder has already been punished sufficiently thanks to the "media frenzy" around his case.
This is consistent with what Bonsib argued in his sentencing memo, which was that as a result of the case Reeder has lost his job and been "vilified" and that his teenage son may suffer the fallout of having the same name. Image
It's probably been 5+ minutes since I've been able to understand a full sentence that anyone has said in this hearing. I *think* Bonsib is playing videos from Reeder's interview with the FBI.
Bonsib says the video shows "something clearly upset" Reeder prior to his apparent altercation with police. He asked "what about that woman?"
"This is not an assault. This is a reflexive, defensive action!" Bonsib says. He's trying to saying the officer precipitated this interaction, but, again, Reeder was in the middle of a mob of thousands of people who were actively storming the Capitol at the time.
"He's not going after his face. He's not going after his chest. He's not pushing him," Bonsib says. You can watch the video in question here:…
DOJ says Reeder had two opportunities in interview w/ FBI to mention pushing the officer and never did. Says he shouldn't get credit for being "90% forthcoming."
5 minute recess.
While we're on recess, consider signing up for my Capitol Breach newsletter! The next edition will publish later today with a write-up of today's hearing, plus all the other #CapitolRiot news from this week.
Since Bonsib was so hard to hear for most of the time, if you want to read his sentencing memo to get the broad strokes of his argument in favor of Robert Reeder, you can do so here:…
We're back on the record. Bonsib is calling a witness, David Reeder, who is Robert Reeder's eldest brother. He worked for 30 years at the DOJ.

"I'd like to say a few things about his character to the court," David says.
"What I'd like you to know about my brother, your honor, is that the events of January 6 are completely out of character for him. He's a man who's good-hearted, kind, active in the community. Volunteers in youth services. Active in his church," David Reeder says.
David Reeder says Robert Reeder called him on the evening of the #CapitolRiot and said, "Dave, I F'd up." He was "sorry in no uncertain terms."
David Reeder says he and Robert Reeder's other family members were "appalled" at what happened on January 6 and Robert's participation in it. Says his son has a "totally different relationship" with him now.
Robert Reeder is going to speak himself now.
"Good afternoon your honor," Robert Reeder says. "It's been a really rough ride for me. I'd like to first apologize to the court, and everyone, for my shameful and inexcusable actions that day. I never planned on being there. I regret being there. I'm embarrassed. I'm ashamed." Image
"I take full responsibility for being there," Reeder says. "It was not only a mistake, but the greatest mistake of my life." Image
Robert Reeder says he's always supported the police "110%... if the FBI ever needs to call me in again, I'm willing and able."
"I'd also like to say I resent the representation that I was 'proud' of being there or that I bragged about it," Reeder says, calling what happened on January 6 "disgusting."
"The tough part is my son. He is my everything. My everything. He doesn't want to go to school anymore because he's embarrassed, been bullied," Reeder says in tears. "Whatever becomes of me, my son is innocent and has nothing to do with it."
"I'm radioactive," Reeder says. "No one wants to hire me. They just have to Google my name. I've been alienated by my neighbors. My family. I'm ashamed because they share the same name."
Reeder says his church has asked him to "take a break" so as not to be a distraction. "And that's tough, because that was my support group. Those were the people I loved to be around most."
Reeder says he hasn't had a paycheck in 10 months. "I hope that Bob lives to 100 so I can afford to pay him back."
Reeder asks Judge Hogan for "one more chance" to move forward. "I am a good man."
Judge Hogan says he's a little concerned about Reeder's comments that police letting rioters enter the Capitol was a "frame-up." Reeder calls that "a poor choice of words." Image
Reeder claims again he was "just there to go to the bathroom."

Judge Hogan: "You had been there the whole riot." You saw people pushing over bike racks, breaking windows, etc.
Judge Hogan: "I recognize now your contrition, and I think it's sincere at this point." But, he says, it appears to him Reeder attempted to be disingenuous during his interviews. Brings up the "accidental tourist" description... "which you were not," Hogan says.
Judge Hogan says he understands Robert Reeder has lost a lot as a result of his arrest, but "that's the natural consequences of a riot in which people tried to overthrow the orderly transfer of power of the president."
Judge Hogan: "I find your statements to the FBI to be self-serving and disingenuous, frankly."
Hogan calls Robert Reeder's Facebook posts "distressing," but says he had an "absolute right" to go to the Capitol on January 6 and say whatever he wanted. "Facebook was only, to me, to rebut the indications that you were a Democrat and not ever involved in politics."
Judge Hogan: "It's become evident to me in the Capitol riot cases that many of the defendants are not truly accepting responsibility." Says they just want to get it over with as quickly and inexpensively as possible.
Judge Hogan says he "can't condone" Robert's actions in the altercation with police, but that there's only so much he can do with it since DOJ decided not to charge him with assault.
Judge Hogan: "I'm not going to grant the government's full request." Says if he thought Reeder actually struck the officer, he would, but again that he "doesn't condone" him grabbing him and pulling him down.
NOW: Judge Hogan sentences Robert Reeder to 3 months in jail – half of the 6 months the DOJ had requested. No additional fine because Reeder is unemployed currently, although he will have to pay $500 in restitution. #CapitolRiot @wusa9 @EricFlackTV Image
Because he's not charged with a felony or a crime of violence, Robert Reeder will not be remanded directly into custody. He'll be allowed to self-report to authorities to begin serving his sentence.
Judge Hogan: "I hope it does send a signal to the other participants in that riot... that they can expect to receive jail time."
Story coming shortly.

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More from @JordanOnRecord

12 Oct
Good morning. Today we start off at 10 a.m. with a sentencing hearing for Eliel Rosa, of Midland, TX. Rosa pleaded guilty to entering the Capitol w/ his friend,
Jenny Cudd. The DOJ is asking for him to serve 1 month of home confinement. @wusa9 @EricFlackTV #CapitolRiot
Getting started with the hearing for Eliel Rosa. He's represented by public defender Michelle Peterson. She is arguing for him to serve probation only, saying he is "saddened and embarrassed" about what happen on January 6. Docs:… @wusa9 @EricFlackTV
DOJ: "Every single person at the Capitol contributed to the chaos of that day." Says probation-only risks "undervaluing" the seriousness of what happened on January 6.
Read 16 tweets
7 Oct
Alright, up next at 2 p.m. there's a plea hearing for James Bonet, of New York. He was indicted on six counts in connection w/ the #CapitolRiot, including the felony obstruction count that carries a maximum of 20 years in prison. @wusa9 @EricFlackTV
The way Judge Sullivan asks defendants why they are pleading guilty inevitably confuses them. Has happened multiple times now in these hearings.
James Bonet will be pleading guilty to one count of entering and remaining in a restricted building or grounds, which carries a maximum sentence of 1 year in prison. He's avoiding the felony obstruction charge against him with this deal. #CapitolRiot @wusa9 @EricFlackTV
Read 7 tweets
7 Oct
Lot of back-and-forth going on now in the hearing for Marine Major Christopher Warnagiris about whether surveillance video from inside the U.S. Capitol on January 6 should be designated "highly sensitive." #CapitolRiot
Warnagiris' attorney, @MarinaMedvin, suggests the government has been selectively releasing videos from January 6 when it's convenient to them, whereas defense attorneys have to jump through hoops.
Judge Friedman: "There's a reason why every camera in the Capitol, the contents of those cameras and where they're located, should not be shown to the world."
Read 7 tweets
6 Oct
Finally for the day we have a hearing for white supremacist Timothy Hale-Cusanelli. The government would like to postpone his trial while they continue gathering evidence. He opposes that. It's scheduled at the moment to begin on 11/9.… #CapitolRiot @wusa9
Timothy Hale-Cusanelli's hearing is before U.S. District Judge Trevor McFadden.…
Judge McFadden is talking about all of the ongoing COVID-9 issues and restrictions with holding jury trials. Says the D.C. District Court is currently only picking juries on Mondays and Wednesdays right now.
Read 25 tweets
6 Oct
Any minute now we should be getting started on the plea hearing for "Stop the Steal" speaker Brandon Straka. He's facing one count of disorderly conduct. #CapitolRiot @wusa9 @EricFlackTV…
Straka initially faced a felony count of impeding law enforcement during civil disorder, but that was downgraded last month to the single Class "A" misdemeanor. So we'll be looking to see what, if any, cooperation agreement he's agreed to.…
Straka is appearing for the first time before U.S. District Judge Dabney Friedrich. He'll have to be arraigned first on the superseding information (the one disorderly conduct charge) before he enters his plea.
Read 13 tweets
5 Oct
Starting now in Judge Sullivan's court we have a plea hearing for Dominick Madden, a QAnon believer and NYC sanitation worker charged w/ 4 misdemeanor counts in the January 6 #CapitolRiot. @wusa9 ImageImage
"I was in the Capitol of the United States of America. I was there. That was me," Dominick Madden says in what I can only describe as exactly the accent you might expect a Brooklyn sanitation worker to have. Image
Capitol rioters keep trying to say things during their plea hearings before Judge Sullivan and he keeps talking them out of it... which is probably the best situation for them, but, you know, I'm interested in what they'd say.
Read 4 tweets

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