Thread by @JordanOnRecord

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

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.

"When you were with this mob of people who'd broken through the front door of the Capitol Building, you didn't understand any police officers to tell you to leave?" Chief Judge Howell asks.

McCreary is very difficult to understand on my end, and apparently also the judge's.

Brian McCreary claims he never heard any officers tell him to leave the building until he had reached the third floor.

Chief Judge Howell says Brian McCreary provided 8 video clips to the FBI, including videos of people breaking glass to enter the Capitol.

Brian McCreary captured at least one of the videos of the mob chasing Officer Goodman (although he claims he doesn't know it was Goodman). Judge Howell asks him: "Did you hear the crowd yelling, 'Where are they counting the f****ing votes?'" #CapitolRiot @wusa9

"You had your video camera going to film the progress of the mob on the heels of Officer Goodman, didn't you?" Howell asks. "Did you hear a member of the mob yell at Officer Goodman, 'Keep running, motherf***er?'"

McCreary: "I remember something like that."
#CapitolRiot @wusa9

Chief Judge Howell now asking McCreary about the second time he entered the building. He says he believes he left the building again shortly after Ashli Babbitt was shot.

Howell: "Did you know, when you entered the building, that Congress was meeting to count the votes and certify the results of the 2020 Presidential Election?"

McCreary: "I did."

Chief Judge Howell is questioning the DOJ again on the $1.5 million damage estimate they've come up with for the U.S. Capitol (which, as she's pointed out before, is obviously absurdly low). DOJ says that's still the number they're going with.

Chief Judge Howell told the DOJ they need to be prepared to brief her on why, if they believe she can't, she can't sentence #CapitolRiot defendants to pay more than $500 in restitution.

Chief Judge Howell asks why there isn't even a limited cooperation provision in Brian McCreary's plea agreement.

DOJ says FBI was able to take possession of all of McCreary's devices during his initial interview, which he conducted voluntarily.

Chief Judge Howell tells Brian McCreary's lawyer to stop "muttering." He's been just as hard to understand for me as McCreary during this hearing. Sounds like the chief judge is having similar issues.

Because Brian McCreary has no criminal history, his sentencing guideline will be 0-6 months in prison (maximum of 12 months). Plea agreement calls for $500 in restitution, although Chief Judge Howell says she's looking into whether she can increase that. #CapitolRiot @wusa9

Chief Judge Howell asks Brian McCreary if he understands she will have to determine the appropriate sentence "to protect the public from further crimes by you, Mr. McCreary?"

"Yes, your honor," he says.

Brian McCreary will be sentenced on January 14, 2022. He'll remain on pre-sentencing release until then.

Chief Judge Howell also says she's going to order the release of the 8 videos Brian McCreary gave to the FBI, which will include videos of rioters breaking windows into the building and chasing Officer Eugene Goodman. #CapitolRiot @wusa9 @EricFlackTV