Thread by @ZoeTillman

Hello from Judge Trevor McFadden's courtroom, where sentencing is about to begin for Jan. 6 def Eliel Rosa. Rosa pleaded guilty to one count of parading, picketing, demonstrating in the Capitol — govt wants 1 month home confinement + probation, Rosa wants probation only

The sentencing is in-person before McFadden but I'm dialed in to the public line, info attached if you'd like to listen along

Rosa was charged with Jenny Cudd, her case remains pending. Both were indicted for obstructing an official proceeding (felony) + misdemeanors, but Rosa was able to plead solely to a misdemeanor; govt says he gets credit for turning himself in early and minimal conduct on Jan. 6

Eliel Rosa plea agreement: s3.documentcloud.org/documents/2101…

Govt sentencing memo: s3.documentcloud.org/documents/2107…

Rosa sentencing memo: s3.documentcloud.org/documents/2107…

Minor issue at the start re: photo of Rosa/Cudd in the Capitol that plea docs stated *he* posted on Facebook; defense says they believe someone else shared it on his page. Judge says okay, not something that would influence his decision anyway s3.documentcloud.org/documents/2106…

The judge notes that the probation office has recommended a sentence of 2 years probation and no prison time — so no one is seeking time behind bars, questions will be if DOJ can get the 1 month home confinement it's asking for or if the judge will do something else entirely

AUSA explaining how the govt balanced factors for Rosa, noting, generally, that events of Jan. 6 support incarceration (something govt has repeatedly said at sentencings), each person contributed to chaos, danger to police/VP/Congress, interfering w/ peaceful transfer of power

AUSA (Amanda Fretto) says Rosa made a choice to go to the Capitol and did so because Pence wasn't going to act, encountered chaos but decided to keep going, made a choice to enter the Capitol - no police blocked may have blocked his path, but "clear signs" of violent entry

Fretto makes clear Rosa is getting a lot of credit/benefit for walking into a local FBI office on Jan. 9 to turn himself in: "He acted in a way that the vast majority of other individuals did not"

McFadden asks if Fretto came up through DC Superior Court and handled misdemeanor cases. She says yes. He asks how many cases she handled there where she recc'd home confinement for a misdemeanor, she says she's confident she recc'd sentences along these lines before

McFadden questions what exactly the govt thinks 1 mo. home detention will accomplish. Fretto says a sentence that's greater than probation is needed for deterrence. McFadden is not convinced, says it "feels odd" and he isn't sure what keeping Rosa home for a month would do

Rosa's lawyer Michelle Peterson is up, notes that as an asylee in the US there are potential immigration consequences for his conviction. Judge asks if she's arguing for leniency because of that, and she says no, just a factor the court can consider

Rosa addresses the judge, begins by thanking the judge for his management of the case and also thanks US taxpayers for making Peterson's representation possible (she's with the federal public defender office)

Rosa quotes from James Madison's "if men were angels" part of Federalist 51 billofrightsinstitute.org/primary-source…

Judge McFadden goes right into sentencing: "You participated in a shameful event, a national embarrassment that made us feel less safe, less confident this country can be ruled democratically rather than by mob rule..."

McFadden said he'd never heard of a person turning themself in before they knew they were a suspect, and confirms that he doesn't think home confinement is appropriate here

McFadden sentences Eliel Rosa to 12 months of probation, 100 hours of community service, and the $500 in restitution that was part of his plea deal — this is among of the lightest sentences we've seen so far in the misdemeanor plea deal cases

That's a wrap on that, Rosa is the 14th person sentenced in the Jan. 6 cases so far