Final #CapitolRiot hearing of the day is for Thomas Gallagher, of New Hampshire. He's being sentenced on one count of parading in a Capitol building. The DOJ is requesting 1 month of home confinement + 6- hours of community service. storage.courtlistener.com/recap/gov.usco… #CapitolRiot @wusa9
The audio quality is pretty bad on this one. DOJ is difficult to understand. Judge Nichols says "everyone" (i.e. DOJ, probation and defense) recommended he impose a non-jail sentence.
Thomas Gallagher is one of 6 co-defendants who were among the few actually arrested inside the Capitol on January 6. But the DOJ says his actions were on "the lower end of the spectrum." Also notes he worked for the DoD for 32 years before retiring. #CapitolRiot
The DOJ is spending a lot of time explaining why it's only asking for home confinement. Clearly a growing sensitivity to any perception of sentencing disparities. Says Gallagher has no criminal history, quickly wanted to take responsibility.
Thomas Gallagher, speaking now, says he wanted to appear in person to apologize to everyone for "getting involved in this terrible act."
Gallagher's attorney says unlike other defendants who got probation-only (Eliel Rosa yesterday, for example), he did not post photos or "truculent statements" on January 6.
Judge Carl Nichols is reading his findings now. He says Thomas Gallagher's conduct was substantially less serious than some other #CapitolRiot defendants. Notes that the has not tried to downplay it, and has in fact referred to it as one of his worst mistakes.
Judge Nichols says Thomas Gallagher's 32-year history with the DoD "cuts both ways" – he should have known January 6 was wrong, but he also gets credit for his service to the country.
Judge Nichols orders Thomas Gallagher to serve 24 months of probation and pay $500 in restitution, plus 60 hours of community service. #CapitolRiot @wusa9 @EricFlackTV

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More from @JordanOnRecord

15 Oct
Quite a few hearings here in the 10 a.m. hour. I'll be listening to a motion hearing for Guy Reffitt, the Texas Three Percenter accused of threatening to harm his family if they talked to authorities after the #CapitolRiot. @wusa9 @EricFlackTV Image
Getting started in Judge Friedrich's courtroom. Guy Reffitt is being arraigned on the new superseding indictment against him. Also two motions to consider, including the government's motion to vacate Reffitt's November trial date.
There's also a motion from Guy Reffitt asking for a change of venue out of D.C. to Texas. Reffitt is arguing, as other #CapitolRiot defendants have, that D.C. is to prejudicial against conservatives/Trump supporters. Every judge who's heard this argument so far has rejected it.
Read 27 tweets
14 Oct
Ok, now at 12:30, Three Percenter Alan Hostetter is set to ask Judge Lamberth to allow him to represent himself. Hostetter is under indictment on four counts, including felony counts of conspiracy and obstruction of an official proceeding. More: wusa9.com/article/news/n… Image
Worth pointing out that earlier this week, another #CapitolRiot defendant, Brandon Fellows, attempted to represent himself in court and wound up admitting to two new felonies. wusa9.com/article/news/n…
Judge Lamberth tells Alan Hostetter that in 2020 he had two defendants represent themselves pro se. Both of them were convicted at trial and were sentenced to decades in prison. Another defendant who tried to represent themselves broke down when a friend was called as a witness.
Read 11 tweets
14 Oct
OK, we're getting started in Judge Mehta's virtual courtroom with a status hearing for 16 Oath Keepers. Four of their co-defendants have already taken pleas. Mehta is still considering a motion to dismiss the obstruction charge they all face. #CapitolRiot @wusa9 @EricFlackTV Image
Here's my story from last month about the Oath Keepers' arguments as to why their obstruction charge, the most serious felony they face, should be tossed. wusa9.com/article/news/n…
Judge Mehta is pushing the DOJ on where they're at in discovery: "5%? 10%? 50%?" DOJ attorney says she can't say.
Read 15 tweets
14 Oct
Getting started this morning with a plea hearing for Brian McCreary, of Massachusetts (red arrow below) before Chief Judge Beryl Howell. He's under indictment on 5 counts, including a felony count of obstruction. #CapitolRiot @wusa9 @EricFlackTV Image
Brian McCreary will be pleading guilty to one Class "A" misdemeanor count of entering or remaining in a restricted building or grounds. As @ZoeTillman points out: He's the latest #CapitolRiot defendant indicted on a felony count who is pleading to a misdemeanor only.
Chief Judge Howell is going over the statement of offense now for Brian McCreary.

"You followed the mob? You followed the people being destructive?" Howell asks.
Read 18 tweets
13 Oct
NEW(ish): Yesterday, after her co-defendant was sentenced, the DOJ filed a motion asking for the hearing for Jenny Cudd today at 2 p.m. to be converted to a plea hearing. Here's yesterday's reporting on the sentencing for Eliel Rosa. wusa9.com/article/news/n… #CapitolRiot @wusa9
Jenny Cudd, a Texas florist, had previously tried to get her case moved out of D.C. by arguing that the city's residents hate conservatives too much to give her a fair trial. Federal judges have, to date, not been receptive to that argument. wusa9.com/article/news/n… #CapitolRiot
OK, we are getting started with the plea hearing for Jenny Cudd in Judge McFadden's courtroom. This will be a misdemeanor-only plea. She's represented by @MarinaMedvin, and the AUSA in the case is Amanda Fretto. #CapitolRiot @wusa9 @EricFlackTV Image
Read 9 tweets
13 Oct
At 10 a.m. we've got a show cause hearing for two top D.C. Department of Corrections officials. Judge Lamberth wants to know why they've seemingly flouted his order. More background on this below. #CapitolRiot @wusa9 @EricFlackTV
Alright this is getting started. We've got lots of D.C. city lawyers and D.C. Department of Corrections officials in court today to explain to Judge Lamberth why they didn't turn over documents he ordered them to re: Christopher Worrell's health situation.
Judge Lamberth is starting off by saying the D.C. DOC has "refused to cooperate" in making rooms available for virtual hearings. Calls that "unbelievably harmful to the court."
Read 19 tweets

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