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
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
Kelley says Bauer not only treated chaos on Jan. 6 as entertainment, but hasn't shown true remorse after. He told the FBI: "I don’t feel like I done nothing terribly wrong." She says he's getting credit for coming forward early to take responsibility and cooperating with FBI
Re: Hemenway, Kelley says he was in the same position as Bauer in terms of seeing chaos around him, treating it as entertainment, and going forward even though he knew he shouldn't be there (wife and child were back at their hotel)
For both defendants, Kelley highlights this photo they took inside the Capitol posing with middle fingers up
Kelley says Hemenway, like Bauer, has a criminal record, which weighs in favor of incarceration as well, but is getting credit for accepting responsibility early and cooperating with the FBI; govt also says that Hemenway showed remorse after
Defense atty Meredith Ralls is up, she's representing Bauer and Hemenway. She says Bauer was influenced by the crowd and made a "tragic" decision to go inside (they spent 17 minutes in the building), says he understands it was foolish to pose for that photo
Ralls claims Bauer posted his photos from the Capitol on Facebook so that it'd be easy for the FBI to find him. Chutkan jumps in, incredulous — she says defense can put whatever "spin" it wants, but is Ralls "seriously suggesting" that's why he put photos online? Ralls says yes
If Bauer wanted the FBI to find him, Chutkan says, "how about calling them up?" She very much does not believe this, Ralls insists that was Bauer's intention in posting photos on Facebook. They move on.
Ralls argues if Chutkan is inclined to send Bauer and Hemenway to jail, a period of less than 30 days (what the govt is seeking) would be appropriate — worth noting Chutkan has been vocal about her belief incarceration is appropriate for misdemeanor cases buzzfeednews.com/article/zoetil…
Bauer addresses Chutkan, says that after he turned on the news later on Jan. 6 and saw violence, he realized the "true gravity" of what happened and decided making a Facebook post with pics was best way for FBI to find him — says he now realizes he should have looked for a #
Bauer says he's sorry, wishes the whole thing had never happened, "I'm really sorry that I added to it"
Hemenway is up now, says that they weren't really "100%" Trump supporters, but had planned to go to the rally to spend time before taking Bauer to the airport. Says it wasn't their intention to participate in a mob, talks about how jail would hurt his family and ruin his life
Hemenway says the country is watching these sentences and that he and Bauer don't deserve the "guillotine." Chutkan says she understands they've faced consequences, but notes the ongoing impact on the people in the Capitol that day, the fact that officers have committed suicide
Chutkan notes that Bauer and Hemenway joined a crowd inside the Capitol chanting "stop the steal" and "our house." She says the Capitol doesn't belong to any one group or political party: "That group that day was there to take it from the people of the United States."
Chutkan says Bauer and Hemenway aren't being punished for their beliefs or decision to protest, but for “a decision to take that protest and turn it into a violent occupation of the US Capitol at a time when we were ... attempting the peaceful transfer of power"
Now: Judge Chutkan sentences Robert Bauer and Edward Hemenway to 45 days incarceration + 60 hours community service — more than the 30 days the govt argued for, more than probation defense wanted, in line w/ a 45-day sentence Chutkan handed down last week
(They were ordered to do 60 hours of community service, deleted earlier version of that last tweet that incorrectly said 60 days)
Bauer and Hemenway will be allowed to self-surrender at a later date. That's a wrap, now up to 17 sentencings

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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.
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.
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
12 Oct
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
Read 13 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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