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.
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.
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: 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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"there really is no centralized role in this for Defense or the Federal government components. This sits squarely in MPD's realm. I'm trying to tamp this down with the Deputy like I have the last couple of protests but this one may be different..."
From the latest batch of FBI emails on Jan. 6:
"It's her very first day in this position. He didn't tell her what the document was, or who wrote it, unfortunately and then went back to the 7th floor for more meetings..."
The only man known to have participated in both the newsman fight in Anchorman (2004) and the U.S. Capitol attack (2021) has formally pleaded guilty in connection with the latter.
Jay Johnston’s sentencing hearing in DC is set for Oct. 7, not long before his Mr. Show colleague David Cross appears in DC at the Warner Theater for his “The End Of The Beginning Of The End” show.
THREAD: Over two years ago, a Jan. 6 defendant told a court that he'd witnessed Oath Keepers founder Stewart Rhodes (now serving an 18 year seditious conspiracy sentence) that he'd witnessed Rhodes try to contact Donald Trump during the Capitol attack.
That Jan. 6 defendant, William Todd Wilson, admitted that he heard Rhodes “repeatedly implore" an unidentified party he was speaking with "to tell President Trump to call upon groups like the Oath Keepers to forcibly oppose a transfer of power." nbcnews.com/politics/justi…
Rhodes himself was convicted at trial and, in May 2023, sentenced to 18 years in federal prison. But that phone call wasn't a focus for prosecutors.
The only man known to have participated in both the News Fight in Anchorman (2004) and the Jan. 6 attack on the Capitol (2021) plans to plead guilty on July 8, per court docket.
He doesn’t count for any “law enforcement officers who stormed the Capitol” stats, but he’s certainly played a cop a bunch! nbcnews.com/politics/justi…