Dialed in as the AUSA is defending the govt's recc of probation, says it's appropriate under the circumstances, noting Bissey would be under govt supervision for 3 years and highlighting her susceptibility to believe in "dangerous" conspiracy theories
AUSA notes that if they asked for jail time, the period of govt supervision after that would be capped at 6 mos, versus the 3 years that they're asking for
Ongoing tension here in the Jan. 6 cases: Govt says someone like Bissey is a problem because of her willingness to act on conspiracy theories she consumed. Defense counsel argues she should be punished based on conduct that day, not beliefs, as "strange" or "weird" as they are
Bissey's lawyer says Bissey is remorseful and understands what she did was wrong, is "horrified" she participated. Notes that Bissey's husband went to the ER this a.m. for a medical emergency, and Bissey decided not to seek a continuance because she wanted to accept consequences
Chutkan is up, begins by saying she's sorry to hear about Bissey's husband, and echoes what Bissey's lawyer said about the court needing to view each defendant as an individual even though they all participated in the mob that day
Chutkan says she wants to make clear that the sentence she hands down is not about Bissey's political beliefs, and that the right of every American to their beliefs is something the judge would defend: "It is about her actions."
Chutkan notes Bissey didn't express remorse immediately after 1/6, only after being ID'd and charged: "I cannot help but think that had there been no consequences for Ms. Bissey in terms of getting criminally charged...she would still be proud of her participation in that riot"
Chutkan says that Bissey has a right to believe whatever she wants to believe — however, Bissey ID'd herself as being anti-mask and anti-vax, and judge says it's "ironic" defense argued for no jail time in part to avoid COVID exposure given Bissey's higher health risk factors
Chutkan gearing up to announce Bissey's sentence, indicates she's not going to order just probation: "But there must be consequences for taking part, even a small part, in a mass attempt to stop the certification of a presidential election" and the peaceful transfer of power
Now: Judge Chutkan orders Jan. 6 defendant Dona Bissey to spend 14 days in jail + 60 hours community service, plus $500 in restitution that she agreed on in plea deal — rejecting recommendation by govt and defense for probation alone
Chutkan says that Bissey is allowed to believe whatever she wants to believe, so probation (that is, a longer period of govt supervision) isn't the right punishment in this situation — goal should be a sentence that deters her from taking this kind of action again, judge says
Chutkan will allow Bissey to turn herself in, noting this means she will have time to address her family members' medical issues referenced during today's hearing
Chutkan last week ordered a 45-day jail sentence for another Capitol rioter, Matthew Mazzocco, rejecting the govt's recommendation of a period of home confinement: buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

13 Oct
New: Today we're publishing a two-part feature on the plea deals entered so far in the Jan. 6 prosecutions, along with a searchable database of plea documents.

Part I: 100 Capitol Rioters Have Pleaded Guilty. Here’s What They Did And What They’re Facing.
buzzfeednews.com/article/zoetil…
Part II: Reading Between The Lines Of The Capitol Riot Plea Deals buzzfeednews.com/article/zoetil…
100 is, on the one hand, an arbitrary number — we don't know how many people will ultimately be charged.

But it's also a large enough pool to understand the deals prosecutors are offering, who is taking them, and what both sides are getting in return: buzzfeednews.com/article/zoetil…
Read 5 tweets
13 Oct
Hello from Judge Trevor McFadden's virtual courtroom, where a plea hearing is about to begin for Jan. 6 def Jenny Cudd, who described her participation in a Facebook livestream that night. By my count, Cudd will be the 100th person to enter a guilty plea.
s3.documentcloud.org/documents/2046… ImageImageImage
Cudd was indicted on one felony count for obstructing an official proceeding. Her co-defendant Eliel Rosa pleaded guilty to a single misdemeanor and McFadden sentenced him yesterday to 12 months probation; we're waiting to learn the terms of Cudd's deal
Cudd will plead guilty to one count of entering and remaining in a restricted building, a class A misdemeanor with a max sentence of 1 year in jail. The felony count for obstructing Congress will be dropped.
Read 7 tweets
13 Oct
Hello from Judge Tanya Chutkan's virtual courtroom, where sentencing is about to begin for two Jan. 6 defendants, Robert Bauer and Edward Hemenway. Both pleaded guilty to a misdemeanor count. Govt is seeking 30 days incarceration, they'll each be arguing for probation ImageImageImageImage
Bauer and Hemenway are appearing together for sentencing, but Chutkan notes at the start that she will consider their individual circumstances in fashioning sentences. Govt is asking for 30 days incarceration for both, but for different reasons
AUSA Elizabeth Kelley speaks first about Bauer, saying he saw clashes with police as he approached and would have known he wasn't supposed to be there, and his decision to keep going after his wife decided to return to their hotel belied his claim of being swept up with the crowd
Read 20 tweets
12 Oct
Hello from Judge Trevor McFadden's courtroom, where sentencing is about to begin for Jan. 6 def Eliel Rosa. Rosa pleaded guilty to one count of parading, picketing, demonstrating in the Capitol — govt wants 1 month home confinement + probation, Rosa wants probation only
The sentencing is in-person before McFadden but I'm dialed in to the public line, info attached if you'd like to listen along
Rosa was charged with Jenny Cudd, her case remains pending. Both were indicted for obstructing an official proceeding (felony) + misdemeanors, but Rosa was able to plead solely to a misdemeanor; govt says he gets credit for turning himself in early and minimal conduct on Jan. 6
Read 18 tweets
11 Oct
We received another set of Jan. 6 videos Friday in the case of Jeffrey Sabol, who is renewing his effort to get released from pretrial detention. Govt opposes, cites these videos that appear to show him charging police (ID'd as person in tan jacket + green backpack).

Video #1:
Video #2:
Video #3:
Read 7 tweets
9 Oct
Now: Texas's 6-week abortion ban law, SB 8, is in effect again for now — the 5th Circuit has granted a temporary, administrative stay of this week's preliminary injunction (which halted enforcement of SB 8) to consider the state's request for a longer stay pending appeal
DOJ will have until Tuesday at 5pm CT to respond to Texas's request for a longer-term stay of Judge Pitman's injunction while the state pursues its appeal of that order
Note that this is a different 5th Circuit panel than the earlier SB 8 case case to reach the court. Judge James Ho is one of the most conservative, vocally anti-abortion judges in the country, but Judge Carl Stewart is part of the court's minority of liberal-leaning judges
Read 5 tweets

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