Thread by @MacFarlaneNews

STANDBY: Sentencing begins momentarily in the Jan 6 case of Jack Griffith of Tennessee

Feds alleged Griffith posted on social media "The Cavalry is Coming" ahead of Capitol riot. He's pleaded guilty to misdemeanor. Let's see if judge orders jail time

This is happening in-person at DC federal courthouse. Sounds like Griffith's mom is attending as well

This is another misdemeanor case in which 0-6 months jail is the guidelines range. Prosecutors are about to begin argument, to seek jail time

Prosecutors call Jan 6 an "offense unparalleled in American history".... "an attack on the rule of law"...

Judge then says... despite this language.. feds have agreed to "petty offense" plea deal.. and are not even seeking maximum sentence

Judge says there seems to be a disconnect between the rhetoric from prosecutors... and what they're seeking in this case

This ...... I suspect... is what many Americans are wondering too

Judge Beryl Howell: "The governments reasons are almost schizophrenic"

Federal prosecutor: "Certain members of the riot were not leading the riot..... they were not doing the destruction of property portion of the riot"

Judge; Does govt view it as mere trespassing?

Prosecutor says "It's not *mere" trespassing... but it is trespassing"

Judge compares most federal "unlawful picketing" cases to those involving people who stand up & interrupt a Congressional hearing

Judge is leaning in. She says there's a disconnect between the feds argument about the unique threat to America detailed in cases.. and some pleas

Judge questions if the feds are truly ensuring deterrence if.. "Rioters who broke into the Capitol.. are going to be able to resolve their criminal liability through a petty offense..... giving them basically the most minimal of federal charges?"

Prosecutor is differentiating Griffith (misdemeanor case) from others who assaulted and caused damage.

Prosecutor is separating Griffith from "rioters"..... this is important and controversial distinction.... and it's not immediately satisfying judge

This judge is channeling the voices of many Americans. She says she can't make sense of what the feds are arguing

Judge wonders how the feds state the horrors of Jan 6 and threat to US as part of their arguments...but then agree to petty offense level pleas & seek minimal jail

Now judge is rattling off the mounting costs of January 6th... including the hundreds of millions of $$ in emergency spending approved by Congress. Half a billion dollars worth.. not counting medical costs for police

Judge questions feds' choice to seek only $500 restitution

At this rate... judge says US Justice Dept would recover only $300,000 from the 600+ defendants

Government responds that *some* defendants are agreeing to larger restitution amounts ($2000) ....

Feds estimate damage to Capitol was $1.4 million. But Judge Howell says cost of Jan 6 is much much higher overall

This is the passage from the prosecutor's sentencing memo that the judge is digging into.

How can the feds use these words and phrases in a case.... then agree to a petty offense plea agreement?

===>

Judge says prosecutors have "tied her hands" in options for restitution with low-level plea deal

Defense attorney begins her argument, says Griffith immediately began demonstrating "remorse".... including in social media posts.

"Mr. Griffith is not a political activist.... did not vote for or support Trump"

Defense says Griffith has internet addiction, ADHD and impulse control issues

Defense attorney Heather Shaner (who's handled a number of Jan 6 cases) says Griffith is not political

Defense says Griffith had developed video game .. "not any different from the other horrible internet video games that exist"

Monsters are Antifa
Hero is Trump

Defense calls it "impulsive act" .. and says "Griffith was having a low period"

Defense says Griffith was arrested ten days after 1/6/21 .. and handed over his phone. Defense, "He personally did not participate in any vandalism..."

She says Griffith was in building for less than 10 minutes and knows it was "stupid and wrong"

Defense says Griffith worked for many years at Walmart in Tennessee. Attorney says Griffith would like to create a food bank... to help distribute food to individuals who are not getting enough food

Judge Howell says defense wrote "eloquently" about "all the excuses" for Griffith's conduct on Jan 6

Judge: "I have to say, this defendant after he was arrested, made a number of comments that only confirmed his mindset when he came to DC on January 6"

Judge: He said he wanted to storm the Capitol, which he did. Judge is rejecting defense argument that Griffith is "impulsive"

So, so many Jan 6 defendants have argued "impulsive" and "caught up in the moment"

Judge is knocking it down

Judge: "I have a hard time" with arguments January 6 conduct was impulsive. About other defendants: "As soon as they're sentenced to a probationary period, they downplay their criminal conduct on January 6th"

Judge says she's referring to Anna Morgan Lloyd who went on FOX

Griffith's defense lawyer (who also represented Anna Morgan Lloyd) says Anna Morgan Lloyd "got played" by Laura Ingraham during FOX interview.....

Griffith's lawyer, "It wasn't a lack of remorse, it was (Lloyd's) stupidity for going on that forum"

Defense again argues Laura Ingraham "played" Jan 6 defendant... through which questions were included and which were excluded from FOX News show

Defense lawyer says Anna Morgan Lloyd is getting a lot of hate mail. Citing impact of the interview Lloyd did on FOX NEWS Channel after getting leniency at sentencing

Defense says Lloyd didn't want to go back on the air to correct what happened during Ingraham's show

ALERT: Defense lawyer says multiple Jan 6 clients of hers are talking to the US House January 6th committee...... she made statement during sentencing proceeding moments ago

Jack Griffith now speaks at his sentencing.... reading from a letter he'd writen.... beginning with "Many of the points made by (prosecutors) are fair and balanced".......

Griffith: "I know it was a mistake. I'll never do anything like that again"

"I didn't realized how scared or in danger Capitol Police were that day... they were in fact crippled by fear and wildly outnumbered"

"My behavior was impulsive"

Griffith says he's recently fallen in love.. with someone who's not into politics. "I've always been known to be the most positive person in the room..... I beg for mercy from the court. And I accept responsibilities for my actions. I've learned my lesson"

!! Griffith: "Without my presence and the presence of others, there would not have been an attempted coup"

Griffith says "violence is never appropriate political discourse"

"I know I shouldn't have entered that building"

"I did not know the level of violence that was there"

Judge Beryl Howell is about to issue sentence

Starting with restitution. $500. As requested by Justice Dept. Howell explains that she's bound by the limits of restitution allowed under the plea deal

Judge: "The government essentially tied judges hands with restitution and with sentencing..." through the low-level plea deals

!!! Judge: No wonder the public is confused about whether what happened on Jan 6 was a petty offense of trespass or shocking criminal conduct that represented a great threat to our democratic norms

Judge: The rioters were not mere trespassers. To his credit Mr. Griffith recognized that fact.

Judge cites "The damage to the reputation of our democracy"

"Even after he was arrested, Mr. Griffith posted a video on Tik Tok"... about stolen election. Judge calls that "chilling" for those who watched Jan 6

Judge says she was from a military family. She says that's why it's "inconceivable" that Griffith also from a military family, would be part of Jan 6

Judge says Griffith celebrated the actions on Jan 6 by taking videos, raising fist in Capitol...

"This is no mere trespass"

Judge: "You can believe what you want. You can say what you believe" .... but judge says Griffith's conduct on Jan 6 shows need for deterrence to stop such conduct from happening again

Judge criticizes Griffith for posting a video blaming "mainstream media" for "Gaslighting"

"Trying to blame somebody else.. the media.. for your actions on January 6th. You're not a lemming."

Griffith interjects .... "I never wanted anything violent to happen. I never wanted that to be successful"

!!! Judge says "deterrence" is so much more critically important in Jan 6 cases..... or there'll be risk that future elections will be in jeopardy as the losing side sees fit -- and sees precedence -- to assemble a mob

Judge says court has to avoid "unwarranted sentencing disparities" .. noting other defendants got probation

Judge: "The message should be clear.. they're not trespassers, they're criminals"

"probationary sentence should not become the default"

Judge sentences Jack Griffith to 3 years probation.

No jail time. And $10 assessment.

After 2.5 hours of judge blistering the prosecutors with questions and criticisms of low-level plea deals from the US Capitol Insurrection