Thread by @alanfeuer

Good morning. I'm starting Thread #37 of posts about new arrests in the Capitol attack and updates on ongoing cases.
Previous threads can be found below.

https://twitter.com/alanfeuer/status/1442833906814881796

Soon the narrative of J6 rioters being tourists will get a full airing at the sentencing of Robert Reeder.
Reeder's lawyer claims he was an "accidental tourist" caught up in a herd mentality.
After #seditionhunters found video of Reeder shoving cops the govt has asked for 6 mths

Seems the public line was out for a while and we're joing Reeder's sentencing midway.
The prosecutor is arguing that Reeder has put forward a "self-serving narrative that has no basis in reality."
He's reading social media posts showing that Reeder was pro-Trump & anti-Biden.

Reeder attended the rally under the influence of lies and conspiracy theories about election fraud, the prosecutor, Josh Rothstein, says.

Reeder has argued that he walked through an open door into the Capitol & no one stopped him.
But Rothstein says there were barricades, cops fighting rioters, alarms going off, tear gas in the air around him so Reeder had to and should've known he could not go into the building.

Rothstein points out that unlike others on J6 and contrary to his claims of being "an accidental tourist," Reeder went into the Capitol *twice.*
He left after claiming that people were yelling a lot.
And yet he went back in.

Rothstein notes that Reeder took two hours of video of the chaos on Jan. 6.
"The idea that the defendant did not realize what was happening until he got home is as absurd as it is unbelievable," he says.

Reeder's claims he didn't engage in any violence on Jan. 6.
But on the eve of his first sentencing hearing, #SeditionHunters found video of him scuffling with cops.
Rothstein is playing that video now (though we can't see it.)

Rothstein, appearing to be summing up, says Reeder has shown a lack of remorse and seems to have lied to the FBI during interviews.

Rothstein asks Hogan to sentence Reeder to 6 months in prison.
"The defendant was a rioter--not a journalist, a visitor, a tourist--but a criminal," he says.

Robert Bonsib, Reeder's lawyer, is up now, but it's difficult to hear him...

Bonsib is complaining that the govt has brought up Reeder's pro-Trump/anti-Biden social media posts.
But as Judge Hogan explains, Bonsib himself argued that Reeder didn't really like Trump and the govt has a right to rebut that position.

Reeder's sentencing is running long. I have to jump onto another call.
For updates follow @JordanOnRecord and @ZoeTillman.

Back at the sentencing hearing of Robert Reeder just in time to hear Judge Thomas Hogan's decision.

Looks like we'll get more from the defense first.

David Reeder, Reeder's eldest brother, is testifying as a character witness.

David Reeder worked for 30 years at the DOJ, he says.

David Reeder tells Judge Hogan that the events of J6 "were completely out of character" for his brother. Reeder is active in his church, he says, and doesn't belong to any subversive organizations--or what he calls "wack jobs."

Robert Robert called his brother David on the night of Jan. 6, David says, admitting "he effed up."
"He was sorry he was there, in no uncertain terms," David says.

Robert Reeder is now testifying, almost as an expert, on the sentencing disparities of other people charged with the parading dis-con charge.

Now we'll hear from Robert Reeder personally.

Reeder starts by saying it's been "a really rough ride" for him. He apologizes to the court for his "shameful and inexcusable actions" on J6. Says he's regretful, ashamed and embarrassed by the hurt he caused others.
"It's left a permanent stain on me, society, the country."

"It was not only a mistake, but the biggest mistake of my life," Reeder says.

He says he followed the crowd to the Capitol. He says he was merely taking pictures and videos.
"I'm not a protester," he adds, sniffling.
He admits he committed an "unacceptable" actions being there.
He says he supports the police 110%.

"I saw what happened there & it was disgusting," he says. He says he wants those who committed violence and destruction to be held accountable.
He's suffered great consequences, he says. His family has suffered. He's lost friends.
His son has been humiliated & bullied, he says.

"Whatever comes of me, my son is innocent," he says.
He's lost his job.
"I'm poison. I'm radioactive. No one wants to hire me."
His neighbors snub him, he says.
His church has asked him to "take a break," he says.
Most of this Reeder said in his interview with the FBI in April.

Reeder says he's been w/o a paycheck for 10 months and is "financially ruined."
He assures Hogan he won't do anything like this ever again.

"I'm really sorry I made the police officers' jobs harder that day," he says.
He admits he had no right to be in the Capitol.
He wants to move forward, be a good citizen & father, and repair his broken relationships, he says.
He asks Hogan for "one more chance."

"I am a good man," Reeder says.

Hogan cuts in to say ok but adds that he's "a little concerned" about Reeder's statements to the FBI that the police let him & others into the Capitol in order to frame Trump supporters.

Reeder says he simply "forgot" about the part where he "reached out and touched" the cop on the shoulder during his interview with the FBI.

That's how he's choosing to describe his physical confrontation with a police officer.

Hogan returns to the notion that Reeder told the FBI that it was the fault of *the police* that he was in the Capitol.
Reeder says he regrets it.

Hogan says he's concerned that Reeder has called himself "an accidental tourist," adding, "Which you are not."

Hogan notes that Reeder's statements to the FBI were "self-serving" and "disingenuous."

Hogan says that many of those who are pleading guilty in the J6 cases aren't really accepting responsibility.
He says many are saying merely what they have to say.

Hogan acknowledges Reeder's emotional turmoil but says the video of his confrontation w/the cop was not a reflexive or defensive thing, as claimed.
Hogan says it's clear that Reeder reached out & pulled t the cop who fell on him.
"I think that is assault on a police officer."

Hogan says he's not going to sentence Reeder to the full 6 months that the government has requested.

Hogan shoots down the notion that J6ers are political prisoners, saying that is "a foolish appellation" for people involved in a riot.

Just in: Federal judge sentences the self-proclaimed "accidental tourist" Robert Reeder to 3 months in prison for illegally breaching the Capitol on Jan. 6.

Just in: Judge Tanya Chutkan sentences Indiana hair salon owner and "avid consumer" of conspiracy theories Donna Sue Bissey to 14 days of jail saying "There must be consequences."
It's the 2nd time Judge Chutkan has imposed a sentence more severe than what the govt requested.

Last week, Judge Chutkan sentenced Matt Mazzocco to 45 days in jail after the govt request only probation.
She made the same remarks then she made at Bissey's sentencing today: "There have to be consequences."

Judge Chutkan, a former public defender, has arguably positioned herself as the DC jurist most desirous of holding even low-level J6 defendants accountable with actual time behind bars.
"Good people are capable of doing bad things," she said.

This morning, meanwhile, Trevor McFadden, the judge who's been most skeptical of jail time for low-level J6 defendants, sentenced Eliel Rosa to probation.
But first McFadden told Rosa: “You participated in shameful event, a national embarrassment that made us feel less safe.”

McFadden and Chutkan have so far been polar opposites on the issue of how and how much to punish J6 rioters.
Punishments as a whole have been relatively light to date-- mostly b/c those getting sentenced now are largely misdemeanants.

Brandon Fellows, who is representing himself, wants to take the stand and testify at his own bond reopening hearing.
Judge Trevor McFadden is strongly advising him that's a poor idea.

Fellows is going to do it anyhow.

Fellows' standby lawyer is asking McFadden to tell Fellows that anything he says on the stand can be used against him.
Worse, McFadden has already said he's not likely to agree to reopen the bond issue.

Fellows says his presentation is a bit like Jesus' speech when he called the Pharisees snakes.

He starts by saying he started paying attention to politics after leftists rioted in Seattle and elsewhere.
Now Fellows claims that Zach Alam, who was in the Speakers' Lobby when Ashli Babbitt was shot, was an Antifa member but has been redeemed by the other J6ers in jail.

"Jan 6 has been a gaslighting tool used by the opposition," Fellows says. He claims that the Biden admin has treated him and other J6ers like the Taliban.
McFadden asks Fellows to move along.

Fellows starts up again.
He says an "NSA man" has filed charges against him ex parte. (?)
McFadden corrects him saying he has not filed any charges against Fellows.
There is a classified aspect to this case.
Who is the NSA man?

I literally have no idea what Fellows is saying at this point.

Fellows wants to question his standby counsel, Cara Halverson, on the witness stand--and he wants to remain under oath himself in case he too needs to testify.
McFadden...denies that motion lickety-split.

Fellows says he's a "tiny-houser minimalist" and it's a problem that the FBI still has his phone.
Clients can't get a hold of him, he says.

He's complaining about why he got locked up: B/c he ran into a shopping mall and was caught by FBI trying to shove his phone up a candy machine like a crazy person.
He denies the phone-shoving incident, calling it a lie.
Says he has "minor Asperbergers" and doesn't like change.

Fellows says he was forced to go live with his mother.
He didn't like it.
It wasn't a healthy environment, he says.
Now he's back to the shopping mall, phone-shoving incident.

Fellows says the FBI agent who caught him inserting the phone in the candy machine introduced himself as a state trooper.
Fellows wasn't in any shopping mall, he says. He was atop a mountain praying and his bus got stuck in a ditch.

He says he placed his phone on "a candy rack" while his friend was trying to decide between chocolate bars.
Now Fellows refers Judge McFadden to his Tik Tok videos.

This is weird.

A French media crew just entered Fellows' account.

Fellows says his Tik Tok videos show he didn't know cops were getting attacked.
Anyhow, now he's comparing his case to the case of a protesters who interrupted Brett Kavanaugh's SCOTUS confirming hearing.

Fellows says it takes him a long time adapt to change.
This, it seems, is related to the accusation that he didn't call in properly to pretrial services.
He also says he didn't like the "freedom of restriction" that came w/wearing a GPS ankle monitor.

He describes himself "as a battered wife in training" with the prosecutor in his case being the abuser.

Fellows says he responds better to "positive reinforcement"--most people do, he admits.

Now Fellows informs the court that he is legally blind and was a bit of a troublemaker in high school. He would've ended up in jail, he adds, if his uncle hadn't gotten him into wrestling.
How long does McFadden let this go on?

"Oh this is good stuff," he says.
Pretrial services claimed he wasn't working.
But, he says, because of "fake news stuff" he lost 85% of his business referrals from people who were afraid of "cancel culture."

He's saying something about Planet Fitness now but it's not clear what.

Fellows says pretrial services claimed he was getting drunk in a bar--part of why he was locked up.
But he claims it was a restaurant and anyhow "it was out my control."

Something, the Texas shooter who shot four people got out on bond, something, a woman who ran over her baby was released.
"I think it's selective prosecution," he says, "and social mob rule in a way."

The IRS was coming after him too, he says.
The phone not coming back was prejudicial.
He's checking his list.
"There was a lot of stuff," he tell Judge McFadden.

Fellows admits that it was perhaps a bit disrespectful to ask his female pretrial services officer if her "hormones were ok."

He'll also note, with regard to his conduct during Zoom hearings, that one of his girlfriends burned his suit and he had to buy a new one and that he sometimes has trouble controlling his facial expressions.

Later on, Fellows adds, another girlfriend tipped over his motorcycle b/che didn't want to see her anymore and she called the police.
It was an abusive situation, he says, and he escaped.
The prosecution blames him, he says, even though *she* showed up at *his* church.

Fellows says he wanted at one point to contact Judge McFadden's *family* so that he could get McFadden recused from the case.
Crazy.
He told his standby lawyer this plan and she said oh no no no no.

Has anyone noticed this is bonkers?

Fellows says he told his standby lawyer that it seems like Judge McFadden hates him.
She said if you contact the judge's family, you'll get arrested.

Fellows says he did not want to go pro se, calling it a "stupid decision."
But...he had to (?)...in order to gather evidence for his case.
He seems to trust only himself.

He was dealing with his anger in bad ways before he was locked up, he says.
He'd like to stay in jail for a while, he adds, to help others.
He says he's closing now, says he wants a laptop, repeats he's legally blind & could go on but rests on the fact that it's all unfair.

Whew. He's done.

Oh boy.
Cross examination.

AUSA Mona Furst is getting Fellows to admit all the things he did to get locked up.

Furst gets Fellows to admit he canceled a mental health evaluation with pretrial services.

Furst reminds Fellows that he told CNN that he smoked pot in Sen Jeff Merkley's office--but has denied being a druggie.

Furst seems interested now in Fellows' account of a police officer who gave him "the rules of the day" when he went into the Capitol.
Where was this officer?
Fellows: 50 feet inside.

Fellows says he didn't want to get in trouble and the officer said there would be no trouble if you don't break or steal anything and obey the 6 pm curfew.

Furst: Who told you you could climb in a broken window?
Fellows: That was the crowd...it wasn't a police officer.
Fellows says he was "enticed by the crowd to take a closer look."

Fellows says he went into the Capitol on "a welcome temporary invite by the police."
He says he took photos with them.

After 90 minutes plus of Brandon Fellows I have to move on to a different call.
Judge McFadden is going to let both sides sum up, it seems, and then rule on whether Fellows will remain in jail.

Judge Royce Lamberth is absolutely excoriating DC jail officials over their "incompetence" in handling health issues for Florida Proud Boy and J6 defendant Chris Worrell.
Worrell was recommended for surgery in June & hasn't yet received it.
"Does no one care?" Lamberth asked.

Lamberth called a hearing for potential civil contempt charges to be levied against leaders of the DC corrections department.
He is *not* happy about the way Worrell, who has cancer and a broken wrist, is being treated in custody.

Just in: Judge Royce Lamberth holds DC jail officials in civil contempt for delaying disclosure of medical records for J6 defendant Chris Worrell.
Lamberth calls the delay "inexcusable."
"It's more than just inept," he says adding he's referring to DOJ for civil rights probe.

Now: Continuing her habit of jailing J6 defendants, Judge Tanya Chutkan sentences Robert Bauer & Edward Hemenway to 45 days.
"We are all despite the enormous freedoms we enjoy in this country governed by the rule of law and there have to be consequences for actions," Chutkan says

This is the third case in which Judge Chutkan has sentenced J6 defendants to *more* time in custody than the government requested.
Prosecutors had asked for 30 days for Bauer & Hemenway. She gave 45.

Now: Judge Carl Nichols sentences New Hampshire man Thomas Gallagher to probation for illegally breaching Capitol on Jan. 6.
Gallagher, a former DOD employee, warned others in the building not to vandalize anything. He also pleaded early and was charged w/low-level crimes.

Prosecutors had requested one month of home confinement but Judge Nichols decided on a non-custodial sentence.
Each judge on the DC bench is groping their own way toward how to handle punishments for J6 defendants.

InfoWars host and Alex Jones sidekick Owen Shroyer was arrested in August for being in a restricted area outside the Capitol on Jan. 6. But recent pleadings in a local DC case give a hint of how Shroyer plans on defending himself against the federal charges.
It goes as follows:

Shroyer claims the govt left out material facts when getting an arrest warrant against him--to wit, his bodyguard spoke w/a Capitol police officer who told him and his entourage to go from one side of the building to the other instead of ordering them to leave the restricted area

Shroyer also claims that a Capitol police commander asked permission from his own superiors for Shroyer to "assist in deescalating the crowd."

The pleadings were filed in DC Superior Court last week in another criminal case Shroyer was facing in connection with disrupting a different Congressional proceeding in 2020.
Shroyer is scheduled to be arraigned on his federal charges on Friday.

"Hey hun you haven't been arrested have you?"

"Nah I'm invincible."

Prosecutors unseal charges against Landon Mitchell for illegally breaching the Capitol on Jan. 6. Mitchell was in TikTok videos taken by fellow defendant Luke Bender, prosecutors say.

In their sentencing memo for J6 rioter Boyd Camper, prosecutors note that Camper believed in that well-known and long-standing alliance between Antifa and state police troopers.

Gilbert Fonticoba, the Florida Proud Boy known as #SumoPB, has been charged w/obstructing Congress on Jan. 6 in a case deemed related to the Ethan Nordean Proud Boy leadership indictment and the Arthur Jackman Florida cop-Proud Boy case.

Now: Micajah Jackson will accept a plea deal from the government in connection with the Jan. 6 attack, his lawyer says. Jackson would be the first member of the Proud Boys to publicly take a plea. There was no mention if the deal includes a cooperation provision.

At sentencing of J6 defendant Jack Griffith, Judge Beryl Howell finds a "disconnect" b/t the govt's strong language to describe the riot--an attack on democracy, etc.--and the fact that Griffith was allowed to plead to a misdemeanor.

"The govt's brief is almost schizophrenic."

Howell is also baffled about why prosecutors are only recommending 3 months for Griffith--half the maximum penalty.

Howell, the chief judge of the DC district, has been skeptical from the start about the govt's choice to let hundreds of J6 defendants plead to what amount to a petty offense.

Judge Amit Mehta slaps down a request by lawyers for the Oath Keepers to file a 100-page+ opus on Covid policy in the DC jail.
"The court will not allow this case to become a forum for bombastic arguments...or propagating fringe views about COVID-19 or vaccinations."