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 22
NEW: In a blistering new order, federal judge Paula Xinis of Maryland says the Trump Administration is making "a willful and bad faith refusal to comply with discovery obligations" in the court case of Kilmar Abrego Garcia
Judge Paula Xinis also finds the Trump Admin has "sought refuge behind vague and unsubstantiated assertions of privilege, using them as a shield to obstruct discovery and evade compliance with this court's orders" in Kilmar Abrego Garcia case
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Judge: "Indeed, custody can be joint, and custodial status may be controlled by the Defendants acting in concert with El Salvador"
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Apr 16
ALERT: Sen. Chris Van Hollen (D-MD) is addressing reporters now from El Salvador....

About the imprisonment of Kilmar Abrego Garcia
Sen Chris Van Hollen (D-MD) says Pres. Trump, Attorney General Pam Bondi and Vice President JD Vance "are lying" about the case of Abrego Garcia:

"This is a lie to cover up what they did"
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Apr 16
FLASH: Judge James Boasberg issues opinion on March 15 deportations

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The opinion from chief DC federal judge James Boasberg over the defiance of his order to "turn the planes around" for further review on March 15

storage.courtlistener.com/recap/gov.usco…
Judge James Boasberg (more): "The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it. To permit such officials to freely 'annul the judgments of the courts of the United States' would not just 'destroy the rights acquired under those judgments'.. it would make 'a solemn mockery' of the constitution itself"
Read 7 tweets
Apr 11
Judge isn't budging

Justice Dept asked Maryland judge to delay today's 1pm hearing in the case of mistaken deportee Kilmar Abrego Garcia

Judge Paula Xinis says "no". Parties must show at 1pm
Justice Dept submits court filing, arguing it can't meet judge's deadline for update on Kilmar Abrego Garcia by the judge's morning deadline

Filing: "Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review"
Justice Dept (more) to judge:

"In light of the insufficient amount of time afforded to review the Supreme Court’s order following the dissolution of the adm. stay in this case, Defendants are not in a position where they 'can' share any information requested by the Court"
Read 9 tweets
Apr 10
NEW: Sen. Dick Durbin (D-IL) is raising questions right now about Ed Martin, Trump's nominee to be US Attorney in Wash. DC

Durbin shows image of Martin tweet from Jan 6, 2021

Durbin: "Martin was at the Capitol on that dark day, when he posted 'Like Mardi Gras in DC today" Image
Sen. Durbin (more) about Ed Martin's nomination: "When leaders of the Oath Keepers, a domestic violent extremist organization, were prosecuted for seditious conspiracy for their role in planning the January 6 attack, Mr. Martin responded, quote, 'Oath Keepers are all of us”
Sen. Durbin (more) says he wants to question Trump nominee Ed Martin about Martin's "close relationship" with a January 6 rioter and alleged "antisemitic and racist Nazi sympathizer" Image
Read 13 tweets
Apr 9
The Justice Department is seeking to drop its criminal case against a Virginia man, who was accused of being the “east coast leader” of the MS-13 gang, and whose arrest was announced by Attorney General Pam Bondi in a nationally televised press conference last month

(More) Image
Bondi had referred to Henrry Villatoro Santos as “one of the top members and head of the east coast” of the violent MS-13 gang during a March 27 news conference in Manassas, Virginia.    Bondi had also described Villatoro Santos as being responsible for “very violent crimes, anything you can associate with MS13.  He was the leader over it, all of the violent crimes.”
In a court filing Wednesday in Alexandria, Virginia, the US Attorney for the Eastern District of Virginia asked a judge “to dismiss without prejudice the criminal complaint presently pending against the defendant.”     When asked for why the case was being a dropped, a spokesperson for Bondi responded with a clip of Bondi saying on March 27 that Villatoro Santos “won’t be in this country much longer”
Read 8 tweets

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