Good morning in #CapitolRiot land, where we have a sentencing hearing starting shortly for Lori Ann and Thomas Vinson before U.S. District Judge Reggie B. Walton. @wusa9@EricFlackTV
DOJ says it is "not cooperation to provide false information, misleading information and half-truths, and that is what happened in this case, particularly with Lori Vinson." Also points to her "clearly doubling down statements" about January 6 to the media.
In an interview, Lori Vinson said she felt what she did on January 6 was "justified" and that she would "do it again tomorrow."
DOJ says Lori Vinson wound up "face-to-face with sworn officers" at the front of the mob.
Lori Vinson's attorney is asking Judge Walton to sentence her to 5 years of supervision -- the longest period allowed by the charge she's pleading to. Govt. is asking for 30 days behind bars.
Vinson's attorney says she came to the Capitol in a "fuzzy jacket, jeans and ear warmers," as opposed to others who came in tactical gear.
Vinson's attorney says she gives back to her community. She takes care of a mentally disabled adult. No criminal history. "We know probation works for her, because it has worked in the past."
Lori Vinson's attorney, Chastity Beyl, says if Judge Walton does decide to sentence her to jail, she asks it be either work release or intermittent incarceration (served on weekends).
DOJ is now playing a video of the Vinsons in the Capitol. Says it shows their clear awareness of law enforcement and what was happening around them. I can't see it, obviously, but you can hear the mob chanting "USA! USA!" in the background.
DOJ says Thomas Vinson recorded other videos from inside the Capitol that the FBI was never able to recover.
Judge Walton says it's "unbelievable" that anybody could have been in the crowd at the Capitol on January 6 and not realized "she was part of a mob that was invading the Capitol" and trying to overturn an election.
Judge Walton says he knows the kinds of comments Lori Vinson made after riot are having an effect, because he and other judges presiding over these cases are getting phone calls and threats from people who still believe the election was fraudulent.
Judge Walton says Americans have an absolute right to protest for something they believe in, even if there's no evidence it's true, but once violence breaks out "you disassociate yourself with it if you don't agree with it."
Lori Vinson's attorney, Chastity Beyl, says her attitude has "completely changed" since January 6 (although she doesn't say how... does she still believe the election was stolen?). Also says she wouldn't have made such belligerent statements if she hadn't lost her job.
DOJ now talking about Thomas Vinson. Says the concern is not that he would lead the charge of another attack, but would definitely "ride the wave."
DOJ also says anyone should be horrified at the "callousness" of Thomas Vinson recording the attacks on police on January 6. Also says he never provided many of the videos he took that day to the FBI, and that his phone was destroyed shortly after the FBI's initial visit.
I believe Lori Vinson's attorney was referring to the 9 months of pretrial release she has been on so far.
DOJ says Thomas Vinson has not provided materials to the @January6thCmte committee because he claimed to believe the stay-away order kept him from cooperating, but AUSA says that's not the case.
Thomas Vinson's attorney says he had a "phone malfunction" and had to get a new phone. Also says Facebook suspended his account due to his activity on January 6 (first I'm hearing about FB doing this... there are certainly #CapitolRiot defendants who are still on there).
The DOJ disputes defense counsel's characterization that Thomas Vinson offered to provide his cell phone and the FBI declined it.
Thomas Vinson's attorney says he walked out of the Capitol "with extraordinary remorse" and he will never do anything like this again.
Judge Walton says he's going to let the Vinsons spoke soon, but is noting now that neither side mentioned that he could impose a fine as a punishment. The Vinsons will have to pay $500 in restitution each, but Walton could impose a fine above that.
Judge McFadden did impose a $3,000 fine on another #CapitolRiot defendant, Danielle Doyle, in addition to the $500 restitution and in lieu of jail time. She's the only defendant so far to receive a fine on top of the restitution.
Lori Vinson is speaking now. Says it was never her intention to go to D.C. and break the law. Says the embarrassment of losing her job led her to say things "that were never truly in my heart." Says it will have a lasting impact on her reputation for the rest of her life.
Lori Vinson, who works as a nurse, is talking about the people she cares for in her community, including a mentally disabled adult and others who she says have no means of transportation.
Thomas Vinson, speaking now, says they "made a terrible decision... we entered that building as peaceful people."
"Sir, I haven't had even a traffic stop in 25 years, much less an altercation with the law."
Thomas Vinson: "I signed up for the Air Force because I love this country. I took that oath... and I know I broke that oath on January 6."
Thomas Vinson: "Your honor, I just ask that any sentence you impose on me allows me to continue to be productive during my punishment phase."
Judge Walton says the fact that Thomas Vinson was taking photos and videos of people attacking police suggests to him that Vinson approved of it.
Judge Walton says he travels around the world encouraging other people to adopt laws like we have in the U.S.
"It becomes very difficult to convince people to adopt America when they see things like this. It was broadcast all over the world!"
Judge Walton says the Vinsons bought in on election fraud lies with no proof behind them "hook, line and sinker."
Judge Walton: "What happens to America if, every time somebody loses, rather than being an adult about it they say, 'I won!" We are so divided as a country. We are tearing ourselves apart! This is ripping the heart out of our country."
Judge Walton: "If you were gullible enough to buy in on it before, why aren't you gullible enough to buy in on it again?"
Thomas Vinson says there were "many factors" in the period after the election: "I didn't know really what had happened, but it didn't seem like."
Says there were a lot of "preachers, biblical people" at D.C. on January 6.
Thomas Vinson: "I accept Joe Biden is our president. He was sworn in as such. That's all I can say about it, sir."
Judge Walton: "Democracies die. We've seen it happen in the past when citizens rise up against their government and do what we saw on January 6."
Judge Walton talking now about the hundreds of officers who were injured on January 6 and the five who have taken their lives after it: "That's a stain on our country that I don't know how we ever get rid of."
Judge Walton says he's not imposing a jail sentence in the case. He's sentencing them both to 5 years of probation (although he says he may consider reducing in the future) + a fine of $5,000 for each: "I know that's a lot, but I want this sentence to hurt."
Judge Walton: "I want people to know if you're going to do this sort of thing, it's going to hurt."
Requires the Vinsons to pay at least $100 a month until their $5,000 fines are paid off.
The Vinsons will also each have to complete 120 hours of community service.
🚨 SENTENCE: Judge Reggie Walton sentences Lori Ann and Thomas Vinson to 5 years of probation + a $5,000 fine and 120 hours of community service. DOJ had asked for Lori to serve 30 days in jail. #CapitolRiot@wusa9
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MORE: Troy Anthony Smocks – who threatened Congress on Parler but wasn't actually at the Capitol – was sentenced to 14 months in prison today. It's the longest sentence handed down yet in connection w/ the January 6 #CapitolRiot. wusa9.com/article/news/n…@wusa9@EricFlackTV
Before people jump the gun on this... Smocks is only the second felony defendant sentenced in the case and he has a *lengthy* criminal history that includes 18 prior convictions for fraud and impersonating federal officers. wusa9.com/article/news/n…
Troy Smocks was actually the felony defendant facing the second-lowest recommended sentence so far. The defendants in orange below are the Oath Keepers who have pleaded guilty so far to #CapitolRiot charges. Smocks has just been sentenced first.
Troy Smocks will be sentenced today at 1:45 p.m. for threats against Congress on Parler. The DOJ declined to ask for a specific sentence, instead asking that he be given time "in the low end" of the guideline range, which is 8-16 months. Docs: storage.courtlistener.com/recap/gov.usco…#CapitolRiot
Troy Smocks' attorney, John Machado, argues the 9 months his client has already served is sufficient. He's asking for time served and for him to be removed from the "No-Fly" list. Docs: storage.courtlistener.com/recap/gov.usco…
Alright, the sentencing hearing for Troy Smocks is getting started before U.S. District Judge Tanya S. Chutkan. As stated above, if Chutkan hews to the requests from both the DOJ and the defense, it could result in a sentence of time served for Smocks.
In a hearing now before the House Judiciary Committee, Chairman @RepJerryNadler tells AG Merrick Garland it's not enough "just to right the ship," he must also help the country "understand and reckon with the violence and lawlessness" of the last administration.
"Across the country, state legislatures are restricting the right to vote in service of the most cynical of political motives," @RepJerryNadler says. "Congress owes you... the tools you need to consign these nakedly undemocratic efforts to the dustbin of history."
Rep. @Jim_Jordan says the FBI has opened "a snitch line for parents" and then starts ranting about the Steele Memo.
Ok, we're getting started with this hearing in front of U.S. District Judge Rudolph Contreras. Witcher was indicted on a felony count of obstruction, which Barnard was not. Starting off with him, then, since Contreras says his plea is "a little bit more involved." #CapitolRiot
Jeffrey Witcher tells Contreras he was "1 credit away from an associate's degree." Also says he has been diagnosed with service-related PTSD (he was in the U.S. Marine Corps).
Jeffrey Witcher likely got the felony obstruction charge thanks to this video the FBI found on his cell phone.
Ok, we're getting started with Anthime Gionet's status hearing. Magistrate Judge Michael Harvey is asking for someone from pretrial services who's been directly supervising him to call in.
"I want to hear from her what's been going on," he says.
Judge Harvey says pretrial services has filed a noncompliance report for Anthime Gionet. His PO is on the call. Pretrial services is asking for Gionet to be removed from the program (i.e. returned to detention).
The attorney for Leonard Gruppo, a 28-year Army veteran who pleaded guilty in the #CapitolRiot, has filed his sentencing memo asking for probation in the case. He says Gruppo was "misled by an amoral and untruthful President and he regrets putting his trust in him." @wusa9
Gruppo's memo contains a long list of his service awards and decorations, along with descriptions of his time as a special forces medical sergeant in Kuwait during the first Gulf War, as well as in Iraq and Korea.
The DOJ has asked for Leonard Gruppo, who pleaded guilty in August to 1 misdemeanor count of parading, to serve 30 days in jail. It argues his military service makes his participation in the #CapitolRiot all the more egregious. Doc: storage.courtlistener.com/recap/gov.usco…