In Eliel Rosa sentencing, Tim McFadden reveals Probation Office recommended no jail time.

McFadden has been the lightest misdemeanor trespass sentencer so far.
As prosecutor Amanda Fretto notes, Rosa entered the Capitol just 2 minutes after Dominic Pezzola broke it open.

As I've noted, that makes his statement of facts of use to rebutting claims other people made about being welcomed into the Capitol.

emptywheel.net/2021/07/30/wha…
McFadden ain't buying it. He asked Fretto if she has ever recommended home confinement in a case like this. She said Jan 6 was different.

McFadden asked what she thinks home confinement would accomplish.
"In the next month"? McFadden asks about Fretto's deterrence argument.

Fretto: What prevents next person from coming in here and expressing hope to avoid detention.
McFadden: The home detention idea feels *odd* in this.
Michelle Peterson: There may be people that don't really express remorse, but Mr. Rosa is not that person. He turned himself in after 3 days.
Peterson notes that they had to negotiate a plea that would keep hope alive that Rosa can one day get US citizenship. She notes he still is facing immigration consequences.

Rosa is from Brazil.
Peterson notes he's an asylee.

McFadden: You're not suggesting I should be more lenient bc he's not a US citizen?
Rosa: Thank you for the way you have conducted this process. ... I am deeply thankful for Ms. Peterson's counsel, [thanks] taxpayers for her counsel. Grateful prosecutors dropped other charges. Thanks the way his local community reprehended me but embraced me.
Rosa: American citizenship is a privilege to be earned, not an entitlement.

Raises Madison's "if men were angels."
Rosa says his actions misrepresented law-abiding immigrants. Says his creator gave him the right to ask for repentance.

I hope this great Republic of laws, not of whims of man, can give me a second chance.
McFadden: You participated in shameful event, make us all feel less safe.

When people get swept up in mob, create chaos. That's the danger of mobs. Your actions are especially surprising given clear knowledge of nation's history. Quoting Federalist 51.
McFadden: Peaceful transfer of power is one of the things that marks us as different.

Your actions were also appalling in that you're not a US citizen. You're here on sufferance.

Calls his actions shocking.
McFadden cites Rosa's own use of "repentance." Says he's never seen anyone turn himself in. "I'm confident you will never do this again."
McFadden: Sentenced to serve 12 month term of probation, $500 restitution.
100 hours of community service w/in 10 months.
As I keep arguing, Trevor McFadden's understanding of the insurrection is probably the most important of any of the district judges, bc it's likely to carry the most weight with Kavanaugh and the others on SCOTUS.

emptywheel.net/2021/08/14/don…

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More from @emptywheel

13 Oct
Was listening to Cudd hearing AFK.

She's pleading to 1752, not 5104, presumably bc she pushed for Revolution.

A little contention over whether there was an earlier plea.
Marina Medvin making it clear that the standard terrorism enhancement language is still in the plea agreement.

BREAKING: Medvin agrees terrorism enhancements are part of these pleas.

Told ya so.
Oh yeah, also: Jenny Cudd may be the second best educated Jan 6 defendant to plead guilty, after Graydon Young.
Read 4 tweets
13 Oct
Note how Area Substacker makes a claim here--Jan 6ers have been subjected to extra harsh measures--that could be true according to some measures (if you consider they attacked cops during a pandemic) but is mostly unproven propaganda. Image
In fact, Trump appointee Trevor McFadden noted that the detentions of Jan 6ers are actually SHORTER than other detained defendants in DC in a recent Speedy Trial ruling.
Also, I know having only reviewed this issue for months Glenn wouldn't have time to check the docket, but there are several defendants who've pled guilty that may still be in DC Jail: Fairlamb, Palmer, Chansley, Smocks, and Meredith Jr.
Read 4 tweets
13 Oct
In this hearing DC Circuit (not sure who) says there's no public info on false statements analysis.

That's not true. The false statements analysis of Jeff Sessions is public.
Adding, whoever this is claims that the false statements are lies to grand jury.

That's only true of one of the redacted declinations.

One of the lies *might* be Steve Bannon lying to Congress.
Finally, ONE of the false statements declinations involved KT McFarland, whose investigation Billy Barr liberated in an attempt to tamper in 2020.
Read 4 tweets
13 Oct
Meanwhile, in the Bauer/Hemenway sentencing, Bauer's attorney is claiming that he posted to Facebook as an invitation to the FBI to come get him.

Judge Chutkan is not buying it.
"For a working man that was what he thought was best at the time."
Bauer: Whatever it has done to me personally, it probably isn't enough to repay the debt that it has one to society.

A lot of those atrocities that happened that day, if lesser people weren't there they might have been able to handle that. I'm sorry to the families.
Read 5 tweets
13 Oct
Jeebus, in Christopher Worrell's case, DOJ brought about 6 bigwigs from DOJ and in the chain of command at DOC and in the medical establishment.

Judge Lamberth begins by expressing the difficulties cause by DOC cutting down on video hearing rooms on September 30.
Lamberth complains that he has had to cancel several video rooms that were already scheduled.

"It makes it virtually impossible to set things like this on short notice."
Lamberth now bitching about how a defendant got sent back bc his COVID test didn't come back in time (it was negative).

Worrell has waived his presence today.
Read 11 tweets
12 Oct
Brandon Fellows, who is representing himself, introduces himself, Good afternoon Judge, Brandon Fellows.

No one suggested "your honor," I guess.
Mona Furst asks that McFadden warn him that his statements can be held against him.

McFadden raising precedent whether defendant jettisons 5A against self-incrimination.
AUSA Furst notes that that's a motion to suppress.

Furst suggests that Fellows will say whatever he plans to say anyway.

This is not motion to suppress, Furst notes.
Read 102 tweets

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