Thread by @MacFarlaneNews

BIG, BIG hearing at 11am.

Sentencing for a high-level Jan 6 defendant. Scott Fairlamb pleaded guilty to assaulting police. Does judge go higher -- or lower -- than the 44 months recommended by prosecutors?

(Video from court exhibit)

Fairlamb is ushered into courtroom wearing orange jail jumpsuit. He hugs his attorney… then sits upright and listens to prosecutors begin their argument. He’s wearing blue paper mask

Prosecutor is now showing the video tweeted earlier in this thread.

Prosecutor says Fairlamb continued to claim Trump would be “re-Inaugurated” after the Capitol riot

Prosecutor says Fairlamb recorded a video after Jan 6 saying “They pulled the pin in the grenade, the blackout is coming”

Fairlamb has criminal history. Including two prior convictions for assault, per prosecutors. And they say he has history of threats, including against US Rep Cori Bush (D-MO)

Prosecutor says Fairlamb’s history shows when Fairlamb gets angry, he sometimes punches people

Prosecutor: “This is the latest assault in a long line of assaults by (Fairlamb)”

She is leaning into argument about need for deterrence

Prosecutor is highlighting a particularly important issue. This is the first Jan 6 defendant to be sentenced for this specific set of charges (including assault of police). She argues the federal sentencing guidelines are important to follow.. ahead of future similar cases

Prosecutor says Fairlamb has been soliciting donations and already collected $30,000. Prosecutor wants judge to order a fine in case… saying it’s “not right” for the defendant to financially benefit from Jan 6

Defense lawyer is speaking now. “The world needs to know the government has fairly prosecuted my client”. Says the Feds have been decent, fair and humane

Defense is leaning into Fairlamb’s argument for a “time served” sentence. (He’s been in jail for 317 days)

Defense argues Fairlamb (who’s admitted assaulting police on 1/6) has a history of helping and championing police

Fairlamb’s lawyer says Fairlamb’s brother is a Secret Service agent

His defense lawyer says Fairlamb lost his business (a gym) … and that Fairlamb’s family is suffering financially and emotionally

Defense says it’s “rare” to see such a “commendable” person “take such a wrong step”

Defense is making an argument I expect to hear at future sentencing. Slamming the DC jail. And saying the pretrial detention time in DC is particularly harsh and should count toward leniency

Defense argues DC jail is not “a remotely acceptable penal institution” and “embarrassing” and “utterly shameful”

This judge is the same one who recently found DC jail warden and director in contempt of court for handling of medical care oversight of another Jan 6 defendant

Defense lawyer says US House Jan 6 Select Cmte asked Fairlamb to speak to committee in September. Defense says Feds wouldn’t give Fairlamb credit for doing so.

Defense attorney says Fairlamb isn’t crying “crocodile tears because he got caught”… he says the remorse is genuine and “sincere and real”

Judge interjects says he was “spun” in a prior case from Jan 6. By prior defendant.

This same judge sentenced Anna Morgan Lloyd to probation. Showing leniency. She then did a Fox News interview, which some considered an effort to downplay the case and the crime to which she’d pleaded guilty. (Keep an eye on this reference by judge… standby)

Anna Morgan Lloyd sure made life more difficult for other US Capitol breach defendants. Here’s her backstory: nbcnews.com/politics/justi…

Defense lawyer is talking about his roots in New Jersey. And how his dream was to meet Bruce Springsteen. And his other dream was to be a “garage fighter.” And attorney says Fairlamb encouraged the dream and trained him to be a fighter (interesting reference in assault case)

Garage fighting is fighting for fun. No refs. No money. Between two agreeing parties. Lawyer says he fought a 20-something dude from Brazil and “succeeded”, though he spent three days in hospital getting surgery

“Fun” stuff

Fairlamb is a mixed martial arts specialist. And I gotta say, the defense lawyer is talking a lot about Fairlamb’s expertise. Considering this is a hearing in which Fairlamb is seeking leniency for assaulting police

Scott Fairlamb is speaking now. Standing. He’s tearing up. Talking about how his dad was a veteran who served his country proudly

Fairlamb says he was “raised by the best” … talks about his siblings and their support. He says he’s ruined his family name. And apologizes for doing so. Calls it “irresponsible, reckless behavior”

Fairlamb has just apologized. References his health problems. Cancer. And, per his attorney, a cardiac issue while in pretrial detention. Fairlamb says he “takes responsibility” for what he did

So far, Fairlamb has not used the phrase that he was “caught up in the moment” or the “crowd”. Very popular claim from other Jan 6 defendants

Standby. Judge is about to issue sentence.

!! Judge begins by referencing early guilty plea by Fairlamb. And then says “had you gone to trial… there isn’t a jury that would’ve acquitted you”

Judge is expressing some outrage about what’s in the videos of Fairlamb on Jan 6. “It’s such a serious crime that I can’t give a below guideline” sentence.

So, Fairlamb is getting time. Standby

Judge says others who face Jan 6 police assault charges are gonna face a whole lot more than 41 months in prison.. if they go to trial

Judge: Fairlamb’s offense cut at the heart of American democracy

Judge goes lower than Feds recommend. 41 months in prison. (Feds sought 44 months)