Up next, at 2 p.m. there's a sentencing hearing for Dona Bissey, of Indiana. As my colleagues at @WTHRcom reported, the DOJ is requesting she be sentenced to three years of probation like her friend, Anna Morgan-Lloyd. wthr.com/article/news/c…#CapitolRiot@wusa9
The sentencing hearing for Dona Bissey is starting now before U.S. District Judge Tanya S. Chutkan.
"Actions have consequences. Joining in a riot has consequences," the DOJ says. "If you don't want to suffer consequences to your small business, don't join in a riot at the Capitol and then post on social media that it was the 'best f'ing day ever.'"
"It's not clear why tear gas, knocked over barriers and police in riot gear" wasn't a clear enough sign not to enter the Capitol, DOJ says. Adds that Dona Bissey told FBI agents "God had told her to go to the Capitol on that day."
DOJ says Dona Bissey is an "avid follower of QAnon" and that she has expressed a belief that the COVID-19 pandemic is a Jewish conspiracy forecast by the opening ceremonies of the London Olympics.
"When the defendant visited the Capitol on that day, she was never a tourist. She was a rioter and a member of an angry mob," DOJ says.
Dona Bissey's attorney, Cara Halverson, says her sentencing cannot be about her beliefs, "strange or weird as they are." Notes that she recently became a grandmother and that she is the caretaker for her husband.
Halverson: "[Dona Bissey] did not come to D.C. with any plan except for supporting the president."
Halverson: "[Dona Bissey] is genuinely remorseful about her actions. She is ashamed she participated." Says Bisey became "horrified" after learning about everything that happened on January 6.
Judge Chutkan's audio is EXTREMELY choppy and I cannot understand what she's saying right now.
Judge Chutkan is saying Dona Bissey's case is not about her political beliefs or her right to have them – a right the people at the Capitol were defending on January 6 – but about her actions.
Dona Bissey's posts saying she was "proud" of her participation in January 6 and that it was "the best day ever" are, predictably, coming back to bite her now.
"I cannot help but think that, had there been no law enforcement consequences, she would *still* be proud of her participation in that riot," Judge Chutkan says.
Judge Chutkan says she finds it ironic that Halverson has asked her not to incarcerate Dona Bissey since she is an anti-vaxxer and an anti-masker.
Halverson: "One of the problems, I think, is that her doctor has not told her to get vaccinated..."
Judge Chutkan says she has no evidence of that.
Judge Chutkan: "I cannot use her decision to place herself at a heightened risk of infection" as a reason not to send her to jail.
SENTENCE: Judge Tanya S. Chutkan sentences Dona Bissey to 14 days in jail. Will also have to pay $500 in restitution and complete 60 hours of community service. No probation afterward. #CapitolRiot@wusa9@EricFlackTV
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Ok, I'm dialed in now. Brandon Fellows was sent back to jail after getting pretrial release for... a number of reasons. But now he's representing himself and trying to get his bond status reconsidered. #CapitolRiot@wusa9
I missed the first half of this argument, but both DOJ and Cara Halverson, who is now Brandon Fellows' backup counsel, are going over what happens if Fellows, who is now representing himself, incriminates himself while talking in court.
Judge McFadden is now warning Fellows that if he testifies he opens himself up to perjury or obstruction of justice charges and, most likely, will still end up going back to the D.C. Jail.
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: storage.courtlistener.com/recap/gov.usco…@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.
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
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."
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. wusa9.com/article/news/n…#CapitolRiot@wusa9
Timothy Hale-Cusanelli's hearing is before U.S. District Judge Trevor McFadden. wusa9.com/article/news/n…
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.