Plugged in a little late and Lolos is fired up, wants to make sure his crime is in "context." Denies there was any violence against police. "Everyone was respecting each other," he says.
Lolos is ranting about receiving multiple ballots and some guy at the airport using homophobic slurs. Says he and the guy drew a crowd because they were "being loud" talking about the riot. Also says "half the plane" was yelling "Trump 2020!" when he was pulled off.
Lolos says an undercover officer who told him he was being loud at the airport "displayed traits stereotypical of a homosexual." He thinks that's why he was pulled off the plane.
The AUSA says even if he failed to convince the judge that John Lolos deserves jail, Lolos' own rant just now in court should do so. Says if he gets mad or hears accusations of voter fraud again, he's liable to repeat his actions.
Judge Mehta goes over a number of other #CapitolRiot sentences. He says John Lolos' conduct falls somewhere between people who got 30 days of jail and 90 days of home detention.
Judge Mehta: "The notion that this was just a protest... is just simply incorrect. It was a criminal endeavor by thousands of people on that day."
Judge Mehta: "People like Mr. Lolos were told lies, were told falsehoods, were told the election was stolen when it was not. Regrettably, people like Mr. Lolos who were told those lies took it to heart. And they are the ones who are paying the consequences."
Judge Mehta: "Those who orchestrated January 6 have in no meaningful sense been held accountable. In a sense, Mr. Lolos, I think you are a pawn. You are a pawn in a game played by people who should have known better."
Judge Mehta says it's "regrettable" that even now, sitting in court, John Lolos still believes the election was stolen. But understandable, he says. "A lie isn't easy to unhear."
Judge Mehta: I don't believe anything you've told me today. Doesn't believe he entered the Capitol to talk to police or because he believed he was allowed to go in to find a place to protest.
Judge Mehta: "That kind of conduct needs to be deterred because, frankly, conditions in our country don't give me a lot of confidence that this sort of thing won't happen again."
🚨 SENTENCE: U.S. District Judge Amit P. Mehta sentences John Lolos to 14 days in jail on one misdemeanor count of parading, demonstrating or picketing in a Capitol building. He will also have to pay $500 in restitution. #CapitolRiot
Lolos will get credit for the 2 days he served in the D.C. Jail after his arrest.
Judge Mehta ends the hearing as Lolos is still trying to talk, saying he hopes the audio comes out that will show what he said outside the building.
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At 10 a.m. Texas 3%er Guy Reffitt will be back in court for a motion hearing. He tried and failed last month to get a change of venue. Now he's one of the many #CapitolRiot defendants trying to get the felony obstruction charge against him thrown out.
I don't know that we will get a ruling on that question today, but earlier this week, defense attorneys in a different January 6 case said they believed the judges hearing those challenges were getting close.
Judge Friedrich has arrived and announces she has lost her voice and, indeed, she is very croaky.
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."
Plea hearing now for Jason Riddle, of New Hampshire. Riddle bragged in an interview that he entered the Capitol on 1/6 and “poured a glass of wine and watched it all unfold," He's accused of stealing the Senate Parliamentarian's rule book and selling it on Ebay. #CapitolRiot
Riddle admitted in an interview w/ the FBI to stealing the wine and book (which he sold on Ebay for $40). More interesting for prosecutors, I suspect, is that he also said he saw the Oath Keepers' "stack" moving through the Capitol "with a sense of urgency." #CapitolRiot
There's a hang up in the hearing. Apparently the version of the plea agreement Riddle signed was not the latest version. They're looking at reconvening later in the day after Riddle and his attorney have a chance to review the correct version.
Steve Bannon in (virtual) court now. DOJ says evidence in the case amounts to about 200 documents, mostly Bannon's own correspondence w/ the @January6thCmte .
"In our view this is a very straightforward case about whether or not the defendant showed up." wusa9.com/article/news/n…
Bannon's attorney, Evan Corcoran, says they want to make sure any documents in the case are available on the public record.
Corcoran suggests they intend to attack the legitimacy of the @January6thCmte. Pushes back on the government's assertion that it's a "straightforward case."
The extremist groups I follow on Telegram as part of my #CapitolRiot coverage are *keenly* interested in the Kyle Rittenhouse verdict. Here's the Proud Boys today threatening journalists who do basic post-trial reporting.
Reporting is not doxxing, and it's perfectly common for jurors to willingly speak after trials. Even high-profile ones.
Reporting is not leaking. And public access to trials, including information about jurors, is a well-established principle of American jurisprudence going back to before the colonies. SCOTUS has repeatedly upheld this right.
Today at 10 a.m. Jacob Chansley, the "QAnon Shaman," will be sentenced. The DOJ wants him to serve the longest sentence yet: 51 months. My live coverage of the hearing will pick up here when it starts. google.com/amp/s/www.wusa…#CapitolRiot@wusa9@EricFlackTV
After his plea hearing in September, I asked Jacob Chansley's lawyer, Albert Watkins, how he was drawn into QAnon. Here was his answer:
Watkins is asking U.S. District Joyce Royce Lamberth to grant Jacob Chansley a significant downward departure from the sentencing guidelines of 41-51 months. He says Chansley has lived for 15 years with a serious untreated mental illness.