Thread by @ZoeTillman

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
buzzfeednews.com/article/zoetil…

(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