David Mish’s sentencing is underway. Judge Carl J. Nichols is concerned that he has to choose between incarceration and supervised release.
Position has been that judges have to pick one. But DOJ may change stance in J6 cases going forward, arguing for BOTH jail and probation.
Position has been that judges have to pick one. But DOJ may change stance in J6 cases going forward, arguing for BOTH jail and probation.
https://twitter.com/ryanjreilly/status/1459231779295051778
Judge Nichols seemed to want to keep Mish under supervision for a longer period of time given Mish’s background, but was concerned that locked Mish up for 30 days would preclude him from giving probation as well.
More context from @ZoeTillman here:
https://twitter.com/ZoeTillman/status/1461414552504053784
Mish’s lawyer says she doesn’t know that Mish would’ve done the same thing on Jan. 6 without thinking the commander-in-chief wanted him to do so.
Mish “has been judged harshly by his local community,” says his lawyer. He’s been working “extremely hard” but has lost some jobs and the mortgage offer on what would have been his first home, she says.
Mish’s lawyer is afraid that any more missed time from work will compromise his employment.
He recognizes that there has to be some punishment here, she says, and that’s why they’re requested two days of incarceration.
He recognizes that there has to be some punishment here, she says, and that’s why they’re requested two days of incarceration.
David Mish declines to explain himself to the judge. “I have nothing to say, your honor.”
Judge Nichols calls the events of Jan. 6 “exceptionally serious,” but says there’s no evidence Mish planned to enter the Capitol before Jan. 6.
Nichols said it should have been “obvious to him that he was in the middle of a violent riot” and knew better.
Nichols said it should have been “obvious to him that he was in the middle of a violent riot” and knew better.
Nichols: Overall Mr. Mish was far from the worst offender at the Capitol. That’s not to downplay his offense, but compared to others his offense is less serious.
Mish’s criminal history suggests he deserves a longer sentence, Nichols says. Says there’s no doubt Mish had a difficult life, notes he was kicked out of the house when he became a father at 14-years-old.
NEW: Judge Nichols sentences David Mish to 30 days incarceration, matching the government’s request.
Nichols seemed to think that probation would’ve been a better option because he would’ve been supervised for longer, but said giving him probation would’ve created sentencing disparities with other Jan. 6 cases and wouldn’t reflect the seriousness of the crime.
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