Chief Judge HOWELL, in her first Jan. 6-related sentencing, says prosecutors seem "schizophrenic" in describing the Capitol attack in harsh terms but then seeking less-than-maximum sentence / cutting 'petty offense' plea deal.
Howell: Do you believe "general deterrence is going to be served by letting rioters who broke into the capitol, overran police … broke into the building through windows and doors — and now they’re going to be able to resolve their criminal liability through petty offense pleas?"
Howell perplexed at government decision to assess most Jan. 6 defendants $500, which she says would amount to about $300,000 total for all known defendants, "barely a drop in the bucket."
She says total financial cost of attack is more than $560 million.
DOJ now publicly estimates that 2000-2,500 participated in the Capitol breach on Jan. 6, the first time they've publicly used that number.
@ryanjreilly Howell now asking defense team about a video game that defendant Jack Griffith created in which Trump is the hero and the villains are antifa. Griffith promoted the game, describing Trump as "Cheeto Mussolini"
@ryanjreilly Howell is overtly furious at prosecutors for offering a "petty offense" plea to Capitol rioters. "This is a muddled approach by the government."
She says it's no reason the public is "confused" about whether Jan. 6 is serious or just a bunch of trespassres.
@ryanjreilly HOWELL: "The damage to the reputation of our democracy, which is usually held up around the world -- but that reputation suffered because of Jan. 6."
@ryanjreilly HOWELL blasts Griffith for iniitally blaming the media for his own conduct on Jan. 6
"You’re not a lemming, Mr. Griffith. You can think for yourself."
@ryanjreilly Howell, citing the government's own decisions in the case, sentenced Griffith to 36 month sof probation, no jail time. She says she can't deviate from what the govt offered to other rioters who received sentences for similar conduct.
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NEW: House investigators are preparing to seek testimony from John Eastman, the lawyer who helped Trump draft a strategy to overturn the 2020 election on Jan. 6.
@JaxAlemany Eastman has become newly infmaous for his memo encouraging Pence to overturn the elecftion on Jan. 6. But we reported on similar arguments he was making out loud at the time — in Supreme Court briefs and phone calls with state officials.
Eastman's Supreme Court brief was as brazen as his Pence memo, lamenting the rising distrust in the election results — without mentioning it was Trump himself fueling the distrust with false calims.
Smocks, who has been detained since January, described his upbringing in the segregated south. He invoked MLK and noted some plea deals cut by white rioters like Brandon Straka.
But Chutkan thoroughly rejected his claims. She noted his extensive criminal history and the brazenness of his threats.
“People died fighting for civil rights,” she said. “For you to hold yourself up as somehow a soldier in that fight is audacious.” politico.com/news/2021/10/2…
Troy SMOCKS, a black defendant who is being sentenced for making threats related to Jan. 6, is using his sentencing hearing to argue that he's being punished more harshly for his crime than white Jan. 6 defendants.
Smocks says he was raised in segregated south and just wants "to be treated equally."
"Brandon Straka ... He was allowed to plead guilty to a class 3 misdemeanor with a $500 fine. Again, he’s a white guy. This is racism."
SMOCKS has been detained since January 15. He has an extensive criminal history. He's about to receive a sentence from Judge Tanya Chutkan.
@joshgerstein@heatherscope THOMPSON lays down a marker — criminal contempt for those who defy committee:
"I want other witnesses to understand something very plainly: if you’re thinking of following the path Mr. Bannon has gone down, you’re on notice that this is what you’ll face" politico.com/news/2021/10/1…
"Mr. Bannon’s and Mr. Trump’s privilege arguments do...appear to reveal 1 thing: they suggest that Pres. Trump was personally involved in the planning and execution of January 6th. And this committee will get to the bottom of that"