STANDBY: Sentencing is beginning in Jan 6 case of Robert Bauer. Bauer pleaded guilty to misdemeanor. Feds argue "Bauer has shown no remorse for being part of this unparalleled crime"
He has criminal past.
His judge went *above* recommended sentence yesterday in other case
Feds are seeking 3 months jail for Bauer and co-defendant Ed Hemenway.
They both have histories: Hemenway has criminal history for sexual battery. Bauer has drug cases and told feds he began distributing marijuana while in elementary school
His lawyer says Bauer lost his job because of arrest.. and has trouble finding new work in the community in which he lives
(Many Jan 6 defendants have acknowledged losing jobs due to their arrests or notoriety)
Bauer's lawyer: "He comes before the court very humble.. not the man he was on that day"
Bauer and Henenway both apologize, say they made mistakes and say they face financial problems due to arrests. “We don’t deserve the guillotine”
In seeking leniency, Hemenway says he isn’t even much of a Trump supporter.
Judge says Jan 6 defendants “don’t realize the horror people felt” while watching the riot
Judge: “We are all governed by the rule of law. There have to be consequences for actions”
She’s gonna order jail. Standby
Judge says she’s concerned about criminal history of Bauer and Hemenway. But credits them for early pleas. She sentences them both to 45 days in jail. More than Feds sought. Low level misdemeanor deals are increasingly yielding jail
Judge allows both men to voluntarily surrender to jail: “People are complicated. People make mistakes. It’s what you do after the mistake…. This is one event in an otherwise long life for you… I wish you good luck in the future. I’m confident you’ll be able to get past this”
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Another Jan 6 defendant is seeking to serve as his own lawyer. Hearing in 10 minutes.
Standby ......
And it's a particularly high-profile defendant. Alan Hostetter of California. Per charging documents, Hostetter led the American Phoenix Project and used it to support Trump, protest 2020 election, "advocate violence" against certain groups
As I reported earlier this week, Hostetter's defense filed a motion on Columbus Day saying he's invoking his right to proceed with "self-representation"
Heads-up... the group of accused OathKeepers appear for hearing in Jan 6 case at 11am. This is a particularly high-level case, alleging conspiracy
(Some of the same defendants are also being sued by injured Capitol Police)
This hearing begins with lengthy discussion of challenges in prepping & sharing the voluminous evidence in these cases. Feds have described the tonnage of video, phone evidence & tips as "unprecedented".. as Jan 6 is potentially the largest criminal investigation in US history
And these challenges in compiling evidence risk delaying the Jan 2022 and April 2022 trial dates in this case.
NOW: DC federal judge is is threatening to hold the director of Washington DC Dept of Corrections in contempt, alleging failure to abide by court orders in handling of medical records of inmates in Jan 6 cases
Judge just accused the jail of "incompetence" in handling of court orders
One of the J6 inmates at the jail is Chris Worrell, who has a litany of medical conditions, including non-Hodgkins lymphoma & broken right hand
Judge wants medical records and alleges DC jail has not been following orders
NOW: Judge is preparing to sentence another of the Jan 6 defendants who pleaded guilty to the misdemeanor of unlawful picketing
Eliel Rosa. Feds are seeking 1-month home confinement.. and included this Facebook post in their request ===>
Prosecutor: "He knew he didn't have authority to enter.. yet he entered anyway"
She argues Rosa moved throughout the Capitol despite seeing clear signs of damage, tear gas, mayhem.... "He admitted he saw law enforcement trying to push people out of the Capitol"
Rosa is addressing the court seeking leniency, “I want to express my eternal gratitude to my family … and community”
This case has had twists & turns, including the 11th hour reveal of new video of Reeder before his initial sentencing date in August, allegedly showing assault on police. But no new charge