Thread by @JordanOnRecord

Back in Judge Nichols' virtual courtroom, where David Mish, of Wisconsin, is being sentenced. Mish pleaded guilty in August to one misdemeanor count of parading. The DOJ is asking for 30 days in jail. #CapitolRiot

"Mr. Mish's conduct inside the Capitol falls on the less egregious side of the spectrum," the DOJ says. No evidence he participated in violence or destruction.

"Most mitigating factor is his level of participation with law enforcement," DOJ says. He contacted DC Police to say he had witnessed the shooting of Ashli Babbitt. Told the FBI in an interview he heard her telling police to "just open the door. They're not going to stop."

Mish's attorney Maria Jacob speaking now. Says he contacted law enforcement within 24 hours of getting home from the #CapitolRiot. Also assisted with the investigation of the Ashli Babbitt shooting.

"He was completely transparent about where he was and his actions inside the building. So he knew it was likely he was going to be arrested," Jacob said. "He knew what would happen as a result, and he still chose to be honest."

Jacob says Mish's purpose in entering the Capitol was to "encourage peaceful protest." Says at the time he reached out to law enforcement he wasn't aware of everything that had happened on January 6.

"There is something to be said about feeling like you have the support of, not only the crowd around you, but also your commander in chief," Jaob says. "Without Trump's encouragement, it's not hard to imagine how someone's sense of right and right might not have been blurred."

Jacob says Mish has lost the financing on a home he worked extremely hard for as a result of his arrest, and has also been "judged harshly" by his community.

David Mish declines the opportunity to speak before the court. Judge Nichols is taking a brief recess before delivering his sentence.

Judge Nichols is back. Says no one is recommending a term of probation only for David Mish. Only question is how much jail time: 2 days, 30 days or 45 days.

Nichols going through the factors now. No evidence he planned to do anything on January 6, committed violence, entered any particularly sensitive areas, etc. On the other hand, admits he knew he shouldn't have been inside the Capitol.

Mish has some prior criminal history but it's mostly 20+ years old. He does have more recent traffic violations. Judge Nichols says his history shows "at least a lack of respect for, if not indifference, to the rule of law."

"There's no doubt Mr. Mish has had a difficult life. He became a father at 14, at which point his own father kicked him out of the house," Judge Nichols says.

Judge Nichols says David Mish has one of the lengthier criminal histories of the #CapitolRiot defendants he's seen. Says he's "torn" over what the best sentence would be here. Probation might be good for Mish because it establishes regular drug testing and supervision.

🚨 SENTENCE: U.S. District Judge Carl Nichols sentences David Mish, of Wisconsin, to 30 days in jail and $500 in restitution on one misdemeanor count of parading, demonstrating or picketing in a Capitol building. #CapitolRiot