Thread by @MacFarlaneNews

STANDBY: Sentencing is beginning in Jan 6 case of Glenn Croy who pleaded to misdemeanor. Feds said Croy unlawfully entered Capitol twice & "treated the U.S. Capitol like an amusement park", recording videos of mob & rioters defacing historic statues

Feds to seek two months jail

Prosecutors argue Croy was part of a line of people in mob who forced police to retreat further and video recorded images inside complex... including the historic bust of Churchill.. upon which someone put a MAGA hat ==>

Feds allege Croy told a friend on Jan 9, 2021:

"I don’t regret it needed to be done it felt good to let them see what their antifa thugs have been making Americans across the country feel good the let them know we are fed up.”

Prosecutors say this about Croy:

"When he entered through the Rotunda door, he plowed into the building in a crowd of other rioters that collectively pushed past several law enforcement officers, engulfing one of them in their midst"

Chief judge Beryl Howell will handle this sentencing

In recent cases, she had sharp words for feds about low-level deals in Jan 6 cases & "schizophrenic" arguments (cases in which feds allege unprecedented threat to democracy)

Howell nonetheless gave sentences of probation

Judge says she's puzzled that the feds are asking for a "short period of incarceration"... but no period of supervision after jail

Why not ensure defendant is supervised or monitored after? To ensure he doesn't engage in misconduct again

Croy is going to argue that a jail sentence would created an "unwarranted disparity" with other defendants

This is a result of those prior "probation" sentences in misdemeanor cases. Precedent

Judge runs thru "mitigating" factors benefiting Croy:

He didn't engage in pre-planning, brought no dangerous weapons or defensive gear (or preparation for violence).. didn't steal anything or damage anything...he didn't enter private offices or House & Senate chamber

Prosecutors are leaning into argument that Croy was among the first wave to enter Capitol... they call it the first "swell" .... "They were aggressive.. in their posturing toward the officers, forcing them to retreat"

He got to front of line .. "you hear the antagonism" of mob

Prosecutor says the mob was screaming at police that the officers "were on the wrong side"

Feds are arguing size, sound and antagonism of mob underscore the danger of the riot

Judge wants the feds to explain why the photos taken by Croy (including the defaced Churchill statue) are an "aggravating factor" that necessitate a sentence of jail time (other Jan 6 defendants took photos, but did not get a recommendation of jail time)

Feds allege Croy said "absolutely" .. when a friend texted to ask if "congressman bailed" during the Insurrection

Feds have also equated Croy's activities in Capitol with someone enjoying an amusement park. Judge used phrase "like a party"

Judge is now reading the names of defendants who received only probation..... yet had used the phrases "Storm the Capitol" and revolution.

Judge is asking how use of those phrases can now be used by feds to argue for an "aggravating factor" and jail time in Croy's case

Judge hammers defense over claims that summer 2020 protestors didn't get punishment. In raised voice she cites 2020 case she handled

"For people who say they thought people who participated in protests in summer of 2020 got no punishment, that wasn't the experience in my court"

Judge: "My experience with prosecutions in summer 2020.... people were brought to me facing felony charges" Not counting the DC Superior court cases

Judge doesn't want defendants bringing arguments that summer 2020 protestors got more leniency than Jan 6 defendants.

BOOM: Judge says what happened on January 6 was "in a totally different category" than 2020 protest cases. She says they were trying to stop democracy on 1/6/21

Firm firm words from DC's chief judge

Defense: Croy believed what Donald Trump told him.. and "millions of other Americans" .. about stopping the steal

Defense says Croy doesn't believe that now.. but believed that then.

Defense says the crowd included "women pushing baby carriges" and people listening to music by Elton John... before Donald Trump told people to go to the Capitol

Yes... this is the first reference to Elton John in Jan 6 cases

Defense: Croy now recognizes he was "misled by his President"

Defense attorney becomes latest person to slam Trump for not joining the crowd on the march to the Capitol... as he'd said he'd do

Judge is now specifying her concern about what she saw of Croy in the surveillance videos. While others were trying to leave, Croy went back inside a second time

Heads-up ... judge now seems to be differentiating this case from other misdemeanor plea deal cases

Judge: Croy didn't seem like the kind of person who was simply "standing in the wrong place at the wrong time"

Now Croy is speaking...

Croy "I am sorry"... "I never witnessed no major violence. A lot of pushing.. shoving" "I don't condone violence or aggression. I'm not against police officers. I love America. I love my children. I respect law enforcement"

And.. now Croy says he was being "aggressive" with police officers in his words.. because he'd "just seen them punch a guy"

"Foolishly I walked into that building"...

Croy: "I was caught up in the group"

(A new variation of the increasingly frequent "Caught up in the moment" defense from Jan 6 defendants at sentencing)

Croy says a man walked out of Capitol with bloody shirt, who'd said a woman had been shot

"I couldn't believe it. I had no idea what was going on."

Croy says he was concerned he hadn't seen Portland riots on the news... so he went into Capitol to "document" what was happening.

"I was trying to document that whole thing and find out about the girl who was shot"

Croy: "I got to a lot of heavy metal concerts... and it's always a crushing situation"... as he explains where his hands were as he moved thru the mob

This hearing has provided references to both Elton John and heavy metal

Croy says he was maced. And crushed. And didn't have his glasses on.. and couldn't see. And didn't know there was violence at the time.

A lot of excuses being given during a plea for leniency at this sentencing hearing. Let's see how it plays with the judge

Croy: "I had no idea I was going to the Capitol that day... then Mr. Trump said walk down the street to the Capitol"

Croy: "I just kinda followed the crowd. I regret every moment of being inside that building." "I'm willing to accept all the punishment for my action. I will never do anything like that again"

Croy says his criminal history *shows* he learns his lessons

Judge asks Croy what he learned from this experience.

Croy: "I should've never went in. I should've dispersed"

Croy: "I was caught up"

(there's that phrase again.. "caught up")

Judge: "On January 6th were you behaving in a respectful way?"

Croy: "I was not. It was the whole summer of COVID. the whole summer of fear. The whole summer of not working, collecting stimulus checks. I was frustrated. So frustrated"

Someone wrote a letter to judge on Croy's behalf saying Croy's conduct on Jan 6 was "blown out of proportion"

Based on judge's reaction to letter... and what she's now asking Croy about letter .. the letter didn't help

Croy is one of a growing number of defendants who say they were following Trump... that they no longer believe what Trump was saying about election... but who don't outright criticize Trump

Standby for the sentence from judge

Judge, in firm voice, says though Croy has pleaded guilty to "Unlawful picketing and parading and demonstrating"..... January 6 was not a picket, a parade or a demonstration

It was a riot

Judge says Croy has work as a bricklayer and has two teenage sons. She says Croy is now showing remorse

Judge “being a follower does not provide an absolution from criminal activity”…. “There are consequences to following a crowd”

Referring to that “caught up in the fervor” defense

Judge is sentencing Croy to three months home detention and 14 days in community correctional facility. $500 restitution and 36 months probation

Some refer to a community correctional facility as a “halfway house”