Thread by @JordanOnRecord

Starting off today at 10 a.m. there's a sentencing hearing for Ret. Army Lt. Col. Leonard Gruppo, who claimed in a memo last week he was "misled" by former President Trump. google.com/amp/s/www.wusa… #CapitolRiot @wusa9 @EricFlackTV

Leonard Gruppo will be sentenced by Chief Judge Beryl Howell, who had quite a bit to say about the DOJ's approach to January 6 cases during another sentencing yesterday, so this is one to watch. google.com/amp/s/www.wusa… #CapitolRiot @wusa9 @EricFlackTV

Gruppo pleaded guilty in August to one count of parading -- the same misdemeanor count as Jack Griffith. Judge Howell said yesterday she felt the DOJ's previous requests for only probation for the same charge "tied" her hands. She gave Griffith 3 years of probation.

AUSA Hava Mirell came prepared today to address Chief Judge Howell's sentencing concerns. Lays out three factors that distinguish Leonard Gruppo from other rioters:

1. Disregard for law enforcement
2. Military service
3. Destruction of evidence.

Mirell says of the misdemeanor defendants who destroyed evidence and who have been sentenced so far, five have received recommendations of custodial sentences and another received a recommendation of probation, but nevertheless received incarceration.

Chief Judge Howell, whose father was an Army officer and who described herself as a "military brat" yesterday, says she finds it "ironic" that the DOJ is suggesting Leonard Gruppo's military service should be a negative factor. She says his service was "heroic."

Gruppo is not accused of violence, no evidence of social media threats or pre-planning by Gruppo. He didn't wear "extensive gear" to indicate he was anticipating violence, Howell says.

"If he hadn't been trained, for 28 years, to respect law enforcement and recognize the danger that he and others caused" the DOJ might not be recommending jail time, AUSA Mirell says.

"I just can't bring myself to look at his military service that way," Judge Howell says.

Judge Howell says the DOJ is trying to use Gruppo's military service like they would a criminal history.

"To the contrary, he has a heroic military record behind him!" she says.

(Here's a list of his service medals.)

https://twitter.com/JordanOnRecord/status/1450843993697292295

The DOJ says there are other factors, including the fact that Gruppo acknowledges he had to climb up a barrier to reach the entrance to the Capitol.

"I believe the government would not recommend a sentence of only probation for this defendant even absent the military history."

The DOJ says "had Anna Morgan-Lloyd come to the government today and asked for a plea deal, the government would *not* have offered a probation only recommendation." Says DOJ now believes probation only sentences aren't appropriate for #CapitolRiot defendants.

DOJ says by the time Leonard Gruppo and his friend, Kenneth Kelly, entered the Capitol, the number of people trying to go in had reduced to a "trickle" and police were actively pushing people out.

Judge Howell: "Mr. Gruppo says he deleted the photos and videos from his phone because he was ashamed and embarrassed of what he'd done. That's a far cry from trying to destroy evidence."

DOJ says by the time Gruppo deleted the photos/videos, it was already clear the FBI was looking for anyone who had entered the Capitol and so, even though he hadn't been contacted yet, he would have known that included him.

DOJ: "He might have been ashamed because he knew law enforcement was looking for him. They're not mutually exclusive."

Mirrell says they didn't charge Gruppo with obstruction because it's "not beyond a reasonable doubt" that he deleted the photos/videos without the intent to hide evidence from the FBI. FBI didn't do a forensic search of his phone.

Gruppo's attorney, Daniel Lindsey, says they tried to keep his military service quiet at first: "He felt like he dishonored that military service of 28 years."

"And he did," Chief Judge Howell says. "Let's not mince words."

"Mr. Gruppo made a serious mistake," Linsey says. But, is trying to take responsibility for it. Turned over his devices. Points out even the sheriff's department in his small New Mexico town has a Cellbrite program to do forensic reviews of phones.

"Everything he did [in the military] is going to have an asterisk on it because he followed an amoral president," Lindsey says. "He's standing here in this courtroom willing to accept any sentence you impose."

"When he got back to his hotel and started seeing the news reports, he was devastated and sickened," Lindsey says. "So he will accept any punishment you impose. He is an honorable man, and it has been a pleasure for me to work with him."

"I am ashamed. I am sorry," Leonard Gruppo says. "I shouldn't have been there. It was a huge mistake. I let down so many people. Everybody. Capitol police. My congressional leaders. Presidents. Both presidents. Family. Friends. Employers."

Judge Howell says she found Leonard Gruppo's letter to the court eloquently written. You can read it here: storage.courtlistener.com/recap/gov.usco…

Judge Howell appears to have accepted the argument that the court has no authority to impose any additional restitution above what the government & defendant agree to in the plea deal. This is something she had repeatedly press the DOJ on.

"Mr. Gruppo, you did help facilitate that riot just by being there," Chief Judge Howell says. "And the government is right: You had many off-ramps that you chose to ignore before entering the Capitol."

Howell says Gruppo ignored smoke, shattered glass, other rioters fighting and just "plowed on" to enter the Capitol. He then disregarded police orders to leave the building.

"You admit you should have known better, but somehow that day you didn't," Chief Judge Howell says.

"The evidence, that I see it, points to the conclusion that this was a defendant who didn't deliberately support the violence that has left such a dark stain on our democracy," Chief Judge Howell says of Leonard Gruppo.

Chief Judge Howell says Gruppo's professional and military service veteran "should and does warrant respect." But also notes that, as his lawyer said, he will have an asterisk on that military service forever.

"Perhaps the government wants to use you as an example for others in the military who use their specialized training, intended to be used in other countries, against Americans and our democracy. And I get that," Chief Judge Howell says.

"You said you've taken this opportunity to reconnect with your Catholic school teachings to love your neighbor as yourself," Chief Judge Howell says. "And it just strikes me that, during these divisive times, maybe we should all work on demonizing each other less."

🚨 SENTENCE: Chief Judge Beryl Howell sentences Ret. Army Lt. Col. Leonard Gruppo to 24 months of probation & a $3,000 fine for parading, demonstrating or picketing in a capitol building. He must also pay $500 in restitution. #CapitolRiot

Gruppo is now the 4th #CapitolRiot defendant to get probation + a significant fine in lieu of jail time. Judge McFadden sentenced Danielle Doyle to 2 months of probation + a $3,000 fine, and Judge Walton sentenced Lori Ann & Thomas Vinson to 5 yrs. probation + a $5,000 fine each.

Leonard Gruppo will have to serve the first 90 days of his probationary period on home detention.

And that's that. Chief Judge Howell will be back in court shortly for the sentencing of Jack Griffith's co-defendant, Eric Torrens, who seems very likely to get probation based on her past two sentencings. wusa9.com/article/news/n…