Back to regularly scheduled programming: Hello from Judge Royce Lamberth's virtual courtroom, where sentencing is underway for Capitol rioter Frank Scavo. Govt seeking 14 days, Scavo wants probation.

"Capitol steps stormed."
"It’s going down."
"No certification Today!!!"
AUSA Seth Meinero is up, and begins with a focus on evidence that Scavo would have understood there was a riot happening — he notes Scavo came in through Rotunda doors, where rioters clashed with the "thin line" of USCP officers trying to stop people from getting in
Meinero is playing video from that part of the Capitol — I'm listening through the remote line so I can't see it, but you can hear all the chaotic noise of the crowd, shouting, chanting, etc. Govt says Scavo was there for all this and recorded some of it:
AUSA concludes by noting Scavo's sentencing memo IDs hardships for him and his family, says it "brings no joy" for the govt to ask to take away someone's liberty. But also notes Scavo's history as a local elected official, bids for state office: "He should have known better"
Scavo is up now reading a statement to the judge and trying to distance himself from responsibility for participating in the riot — he says he only went up the steps to the Rotunda doors to take pictures, didn't feel he could move, and the mob "surrounded me"
Scavo says that when the doors opened and the crowd surged, he entered the Capitol, and that the description in the statement of offense that was part of his plea was accurate
Scavo straddles the line between downplaying his participation in the mob and the riot and not blowing up his guilty plea. Lamberth says Scavo was "careful" in what he just said but is concerned the defense memo was trying to "quibble" with what exactly he's admitting to
Scavo's lawyer says they're not there to "quibble," they accept govt's description of what happened, and the focus should be on what Scavo did after - that he cooperated with the investigation, doing community service
One of Scavo's lawyers also reads a letter he wrote taking responsibility for lying to the press immediately after about his involvement, and Lamberth says he gives Scavo credit for that, and for the cooperation and early plea and fact that he's not charged with violence, but...
...but Lamberth says he has to weigh the fact that everyone who participated in the attack on the Capitol was what brought the government "to a screeching halt that day"
Now, and whoa: Lamberth sentences Capitol rioter Frank Scavo to 60 days in jail — far more than the 14 days that the government requested and the term of probation that Scavo sought
Lamberth also imposed the max fine possible, $5,000. He announced the sentence with no additional explanation — he paused for a few beats after making that previous comment about all rioters being responsible for bringing the government to a "screeching halt"
Lamberth briefly addresses Scavo at the very end: "From the point the jig was up, you've done everything you could. Good luck to you."
I think this comment goes a long to explaining why Lamberth just handed down the sentence that he did (that is, he didn't seem to believe Scavo was remorseful, felt a stiffer sentence was warranted):
"From the point the jig was up, you've done everything you could. Good luck to you."

A judge who felt burned after handing down the first probation sentence in a Jan. 6 case ordered a rioter who pleaded to the same misdemeanor to spend 60 days in jail: buzzfeednews.com/article/zoetil…
Judge Royce Lamberth ordered Frank Scavo to spend 60 days in jail — far more than the 14 days recommended by the govt — and also to pay a $5,000 fine, which the govt hadn't asked for buzzfeednews.com/article/zoetil…
Lamberth has publicly lamented that he gave Anna Morgan-Lloyd probation and then she went on Fox News and downplayed the violence (her lawyer claims she got "played") — the judge has made clear he's approaching other Capitol rioters with a skeptical eye buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

22 Nov
John Pierce, the lawyer with a history of ties to conservative clients and causes who has been repping a number of Jan. 6 defendants, has entered an appearance for Jacob Chansley, the week after Chansley was sentenced (see: buzzfeednews.com/article/zoetil…)
Worth noting that Chansley gave up many (but not all) of his appeal rights as part of his plea agreement s3.documentcloud.org/documents/2105…
This is one of the only things you can pursue on appeal after taking a plea deal, and the bar is generally very high to succeed
Read 6 tweets
19 Nov
Hello from Judge Amit Mehta's virtual courtroom, where sentencing is underway for Capitol rioter John Lolos. He pleaded guilty to the parading misdemeanor, more on his case -->
Prosecutors are asking for 30 days incarceration for John Lolos: s3.documentcloud.org/documents/2110…

Lolos will be asking for probation: s3.documentcloud.org/documents/2110…
Lolos is addressing the court, and begins by talking about how he went to DC after seeing "voter fraud on TV," notes how the affidavits that Trump allies introduced in court were rejected, says the DOJ/FBI response was "sad to see"
Read 18 tweets
18 Nov
Hello again from Judge Carl Nichols' virtual courtroom, where sentencing is about to start for Capitol rioter David Mish. Mish pleaded guilty to the parading misdemeanor and is asking for 2 days incarceration. Govt wants 30 days in jail.
s3.documentcloud.org/documents/2105…
Mish had contacted MPD the day after the Capitol riot to say he had information about Ashli Babbitt's death, and admitted being inside the building
AUSA explains one reason they're asking for jail time for Mish is his previous criminal history record - in the sentencing memo they acknowledge it's mostly low-level offenses and from his youth, but say it shows "lack of respect for the law"
Read 19 tweets
18 Nov
Down the metaphorical hallway: Hello from Judge Dabney Friedrich's virtual courtroom, where a plea hearing is about to begin for Jan. 6 def Jason Riddle, photographed with a bottle of wine and accused of stealing/selling a Senate procedure book for $40 s3.documentcloud.org/documents/2047…
There's an issue w/ different versions of the plea agreement being signed by the defense and the govt, respectively. It doesn't sound like there are big differences, but Riddle needs time to review the doc to make sure he understands what's on paper, so they'll come back in a bit
Back on the record for Jason Riddle's plea hearing — he's pleading guilty to theft of government property (re: the Senate procedure book that he sold for $40) and the parading, demonstrating, or picketing misdemeanor that's been part of most Jan. 6 plea deals to date
Read 4 tweets
18 Nov
Hello from Judge Carl Nichols' virtual courtroom, where Steve Bannon is set to make his next appearance (remotely) in his criminal contempt case. He's waived a formal arraignment and asked the judge to accept his initial not guilty plea on the papers: s3.documentcloud.org/documents/2111…
Assuming there's no issue with Bannon's handling of the formal arraignment, we'd expect this hearing mostly to be about setting a schedule for next steps in his case
Here's the dial-in info for Judge Nichols:
Toll Free Number: 877-873-8017
Access Code: 8692421

And here's a great piece from @kyledcheney & @joshgerstein about a congressional subpoena fight Nichols worked on before becoming a judge: politico.com/news/2021/11/1…
Read 15 tweets
18 Nov
Jan. 6 defendant Matthew Perna intends to plead guilty to the full four-count indictment returned against him (felony obstructing Congress + misdemeanors), with no agreement with the govt, per new filing.

Original charging doc: s3.documentcloud.org/documents/2111…
The only other Jan. 6 case I'm aware of so far where there's been a guilty plea and no deal with the government was for Antionne Brodnax - I didn't cover that plea hearing and we haven't gotten sentencing memos yet so I don't have more details on what happened there
In September, Perna's lawyer asked for a pre-plea analysis of the sentencing guidelines as applied to his client, to see if whatever terms the govt was offering were worth taking a deal (it appears the answer to that question was no)
Read 4 tweets

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