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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Notable excerpts from Special Counsel Jack Smith’s letter to Justice Dept accompanying final report on Trump 2020 election conspiracy case:
“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters. I believe the example our team set for others to fight for justice without regard for the personal costs matters. The facts, as we uncovered them in our investigation and as set forth in my Report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the Department and to our country”
Jack Smith letter (more):
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable”
Jack Smith letter to Justice Dept (more):
“It is equally important for me to make clear that nobody within the Department of Justice ever sought to interfere with, or improperly influence, my prosecutorial decision making”
In a 52-page sentencing memo submitted to a federal judge, former Sen. Bob Menendez (D-NJ) has asked a judge for leniency at sentencing. Menendez’s filing specifically asks that “the Court should impose a sentence that relies heavily on alternatives to incarceration
(MORE)
In perhaps the most striking passage in this submission, Menendez’s attorneys argue: “Senator Menendez is not the typical defendant. His public office and the accompanying attention it draws distinguish him. And of course the charges of conviction in this case arise from his position, and the actions he took as a United States Senator, a position he resigned in worldwide disgrace after his conviction.”
Attorneys for Menendez, who was convicted at trial of federal corruption charges, also argue, “Senator Menendez—Bob as he is known by his family, friends, constituents, colleagues, and foreign dignitaries—is atypical in ways that extend far beyond the evidence presented at trial. He has lived an extraordinarily good life. One marked by great challenges— his father’s suicide, poverty, and forging a role for Latinos in local and national politics—and distinguished by deep devotion to his personal and religious ideal of service.”
NEW: Jan 6 defendant Jay Johnston, former "Bob's Burgers" actor, asks for leniency at sentencing Monday
Defense says feds "persistently overstated Johnston’s participation at the Capitol..because he is an acclaimed Hollywood actor. government is using his status to make a point to the public"
(MORE)
MORE: Some interesting phrasing in Jan 6 defendant Jay Johnston's defense memo to court
"..Amid the chaos, Mr. Johnston soon found himself by the Tunnel leading into the Capitol Building on the Lower West Terrace.."
Defense: "Mr. Johnston found great success in Hollywood as an actor, writer, and producer including accolades for his role as the voice actor for Jimmy Pesto, Sr. in the animated series 'Bob’s Burgers' and as Officer Taylor in 'Arrested Development"
NOTE One of the plaintiffs, Yusef Salaam, attended the Sept 10 debate venue in-person The suit alleges Salaam and Trump had this exchange after the debate
ALERT: Judge Tanya Chutkan has just allowed the unsealing of approx. 1900 pages of Jack Smith records in the Trump 2020 election conspiracy case.
Heavy, heavy redactions. Lots to go through.
But note that the records include Mike Pence's announcement on Jan 6, 2021 that he would not overturn results
The first batch (720+) pages includes heavy redactions, but also has transcripts of depositions/interviews between Trump aides/allies and the House Jan 6 Select Committee.. including questions about the "substitute" batches of electoral votes
NOW: Justice Dept asks for 27 months prison in Jan 6 case of Dana Bell, arguing “history cannot repeat itself” after the 2024 elections. Prosecutor tells judge “deterrence” is critical
Bell is accused being “agitated, angry & violent” as she accosted police & media on Jan 6
Prosecutor argues Bell engaged in “prolonged, abusive and violent” behavior. Prosecutor says Bell grabbed police officer’s baton, as police tried to clear mob away after Ashli Babbitt was shot
Prosecutor says Bell uncorked a “verbal barrage” toward officer Jeff Smith, who died days later by suicide
Prosecutor says Bell is heard telling Smith “get a real job”, “no one supports you”