Scott MacFarlane Profile picture
Oct 12, 2021 27 tweets 3 min read Read on X
Sentencing begins in 10 minutes in the Jan 6 case of Dona Bissey of Indiana, who's made several arguments seeking mercy of the court

Including her concern about COVID in prison, as she is unvaccinated

Standby
Prosecutor: "What was most unbelievable is the defendant's claim she would not have gone into the Capitol if she knew she were not allowed"

Prosecutor cites all of the chaos and mayhem that was self-evident to those in the mob
Prosecutor just said the feds offered probation when they first made the plea deal with Bissey.. and they're going to stick with their offer.

That's possibly a nod to the growing criticism of the "probation" deals being cut in Jan 6 cases
Feds say "it's important" Bissey not fall for another "conspiracy"..... including that COVID is a "hoax pandemic"

"It's one thing to believe in conspiracy theories in your basement, it's another thing to act on it"
Feds are seeking drug testing for Bissey.... community service, ban on firearms possession....

And they credit her for "two days" she served in jail after arrest
Prosecutor: "When the defendant visited the Capitol that day she was not a tourist... "

In one case after another, feds or judges keep slamming the "tourist" argument from Rep Andrew Clyde (R-GA)
Defense: "This cannot be about Ms Bissey's beliefs .. as strange and weird as they are"
Defense: "She's gregarious, she's warm.. I can promise you she's not a monster. She;'s a woman who made a mistake"
Defense: "She did not come to (DC) with any intention, other than supporting her President."
Defense: "She is sorry. She is ashamed of her actions on January 6"
Defense says Bissey's husband went to emergency room today... and that Bissey showed "integrity" by proceeding with sentencing
Bissey is given opportunity to address court, but declines

Judge will now issue sentence and remarks
Judge Tanya Chutkan: "Ms Bissey was no inadvertent participant"
Judge: "This case is not about Ms Bissey's political beliefs.. it's about her actions"
Judge: "When Ms Bissey got home she was not (struck) with remorse or regret"
Judge: "Had there been no public outcry, she'd still be proud of her participation...."
Judge it factors in Bissey's favor that she didn't assault anyone or do damage.... then adds "people are complicated"
Judge references prosecutor argument that Bissey is particularly susceptible to conspiracy theories... then adds "that is her right"

Judge keeps saying this case is not about her belief
And.. there it is: Judge says it's ironic that Bissey is arguing that she shouldn't be jailed due to COVID risk...... considering Bissey hasn't been vaccinated and has talked about COVID conspiracy theories
Defense acknowledges Bissey has NOT been vaccinated.. saying her doctor has "not told her" to get the vaccine

Defense appears blaming the doctor. Judge interjects saying no evidence has been entered on this matter.. including any indication her doctor has advised AGAINST vax
And... now we're transitioning to a vaccine debate

Defense says vaccine wouldn't protect Bissey from "breakthrough case"

Judge: "You're setting up a straw man" argument
There are so many intersections between anti-vaxxing and Jan 6 defendants

So, so many
Judge: Vaccines "can't be a reason I give her a lighter sentence"
Judge: "The court concludes this is not an appropriate case for a probation argument"

"There must be consequences...."
Judge: "She was fully aware of the chaos and destruction around her"... then says Bissey later bragged of participation

"....People inside the Capitol were suffering that day.. just for doing their jobs"
**** Judge: "The people inside that Capitol... they were patriots also" ****

Hammering down the arguments from Jan 6 defendants that they're "patriots"
ALERT - Judge sentences Dona Bissey to 14 days in jail

This joins a recent series of cases, in which judges are taking a harder line in misdemeanor Jan 6 case sentencings

Increasingly... it's a harder line

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More from @MacFarlaneNews

Apr 3
STAND BY:

Attorneys are entering courtroom here at DC federal court

Judge James Boasberg has 3pm hearing to get to the bottom of why his orders to "turn the planes around" wasn't complied with last month.. When Trump Administration used 18th century law to deport Venezuelans
Judge Boasberg doesn't waste time. He opens hearing noting the "public attention" being attracted by these deportations of Venezuelan nationals.. and the court order that was NOT complied with

He wants answers today
Judge Boasberg presses Justice Dept attorney (Drew Ensign)

Judge asks DOJ to confirm that they *knew* his order didn't prevent gang members from remaining jailed.... and didn't prevent them from being deported thru normal means

Justice Dept attorney: "Yes your honor"
Read 33 tweets
Mar 28
FLASH: Law firm Jenner and Block sues Trump Administration over executive order targeting the firm

They allege order is unlawful and a violation of first amendment Image
Jenner and Block:

“Order threatens not only Jenner, but also its clients and the legal system itself. Our Constitution, top to bottom, forbids attempts by the government to punish citizens and lawyers based on the clients they represent, the positions they advocate, the opinions they voice, and the people with whom they associate.”
Jenner and Block (more):

“These orders send a clear message to the legal profession: Cease certain representations adverse to the government and renounce the Administration’s critics—or suffer the consequences. The orders also attempt to pressure businesses and individuals to question or even abandon their associations with their chosen counsel,
and to chill bringing legal challenges at all.”
Read 4 tweets
Mar 21
FLASH: Hearing begins in the courtroom of Chief Judge James Boasberg.. in ongoing legal case over last weekend's deportations of Venezuelan nationals
Boasberg welcomes the parties

Drew Ensign... a deputy inside the DOJ is appearing along with a handful of others on behalf of United States
Boasberg notes the "disrespectful language" in DOJ's filings... unlike any he's seen before he says
Read 17 tweets
Mar 20
The standoff escalates

Chief Judge James Boasberg says the Justice Dept was late and evasive with its filing today, answering his questions about last weekend's deportation flight of alleged Venezuelan gang members

New deadlines set... *and* there's a hearing TOMORROW at 230pm
According to Judge Boasberg's order moments ago: The Dept of Justice had an acting ICE field officer argue "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court’s order. Doing so is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be undertaken in just 24 hours.”
Judge James Boasberg is pretty blunt in his response to today's argument from the Justice Dept:

"This is woefully insufficient"
Read 5 tweets
Mar 14
Trump speaks at 3p Great Hall of US Justice Dept HQ

This is a space unaccustomed to being the site of political speeches

There are packets of drugs next to podium and signs about “fighting fentanyl”

And they’re cranking Guns N Roses.. like they did at Trump campaign rallies
Feels like we’re listening to large chunks of the Trump campaign rally music playlist here at Justice Dept headquarters

“November Rain”
“Gloria”
“Nothing Compares 2U”

Waiting to see if “YMCA” surfaces
Deputy Attorney General Todd Blanche speaks from podium and crowd claps when Blanche notes …. That he was once Trump’s defense lawyer
Read 35 tweets
Jan 20
FLASH!!

President Biden issues pre-emptive pardons to "General Mark A. Milley, Anthony S. Fauci, the Members of Congress and staff who served on the Select Committee, and the U.S. Capitol and D.C. Metropolitan police officers who testified before the Select Committee"

(MORE)
President Biden statement: "The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country"
President Biden (MORE): "The Select Committee fulfilled this mission with integrity and a commitment to discovering the truth. Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions"
Read 4 tweets

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