Hello from Judge Amy Berman Jackson's virtual courtroom, where sentencing is about to begin for Capitol rioter Mark Simon, who took a misdemeanor plea — govt wants 45 days in jail, Simon wants probation.
AUSA Brenda Johnson refers to video Simon posted online from the Capitol, but she doesn't play it since the judge says she already watched it. Johnson says it shows the "horde" of rioters Simon was part of, passing broken glass, alarm blaring, tear gas, and he didn't turn back
Johnson argues that a letter Simon wrote to the judge saying he was under the alcohol and drugs on Jan. 6 doesn't help his case, raises question of whether he brought drugs to DC or got them here, he's a person "who exercises bad judgment"
Simon's lawyer Amy Karlin says he's had a drug and alcohol problem, but is trying to stay sober and turn his life around, reconnect with his family and employment. She said his conduct going into the Capitol was minimal compared to others charged, probation is appropriate
Simon briefly addresses the judge, he apologizes for his conduct, says he's continuing his recovery and has never had problems with the law when he's sober: "I am a different man today"
Jackson is taking a short break to consider things before announcing Simon's sentence
Judge Amy Berman Jackson is back on the bench. She says it may be true that Mark Simon's conduct on Jan. 6 was in part because of a substance abuse relapse, but says he made choices — flying to DC, going up to the Capitol, going inside (notes his girlfriend turned around)
Jackson says Simon seemed to think what he was doing was "cool" and, in what sounds like a mocking tone, quotes his line from the video he recorded, "in the Capitol baby, yeah!"
Jackson says Simon wasn't being prosecuted for his support for Trump, notes he went to the Stop the Steal rally before with his girlfriend, but she wasn't charged (she didn't go inside with him), she says he was an "enthusiastic participant" in effort to get inside the Capitol
Jackson says Simon wasn't a "tourist": "You were not here to see the sights," but were rather part of an effort to subvert democracy.
Jackson says Simon placed his trust in someone who repaid that trust by lying to him (she doesn't name the "someone" but fair to guess she's referring to Trump)
Now: Judge Amy Berman Jackson sentences Capitol rioter Mark Simon to 35 days in jail, slightly less than the 45 days requested by the govt and more than the probation sentence Simon wanted
In explaining the sentence, Jackson highlighted the fact that Simon violated probation in an earlier case when he traveled to DC for Jan. 6. She said a sentence had to deter others from taking matters into their own hands, noting divisions in this country haven't gone away
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Mark Meadows is suing House Speaker Nancy Pelosi and the Jan. 6 committee, the case is docketed in federal district court in DC but the complaint isn't up yet (HT @woodruffbets)
Here's @kadiagoba earlier today on the Jan. 6 committee's intent to move ahead with contempt proceedings against Meadows, who had been Trump's chief of staff buzzfeednews.com/article/kadiag…
@kadiagoba Here's Mark Meadows' lawsuit challenging the Jan. 6 committee's subpoenas for his testimony/documents and for his cell phone records from Verizon: s3.documentcloud.org/documents/2115…
"overly broad and unduly burdensome ... issued in whole or part without legal authority"
Hello from Judge Carl Nichols' virtual courtroom, where sentencing is about to begin for Capitol rioter Jennifer Parks. Parks took a misdemeanor plea deal, the govt is asking for 1 month home detention + probation, Parks wants probation alone
Dial-in info for Nichols:
Toll Free Number: 877-873-8017
Access Code: 8692421
AUSA is up first, argues that Jennifer Parks (with her friend Esther Schwemmer, who has also pleaded guilty and is awaiting sentencing) saw lots of "red flags" but that didn't stop them from going inside the Capitol, incl. consoling an injured person who was exiting
Captions in the newly unsealed charging doc for Jan. 6 defendant Thomas (Paul) Conover of Texas are something:
"Conover spends most of the next ten minutes wandering around the Rotunda taking selfies and posing for pictures with his empty can of beer." s3.documentcloud.org/documents/2115…
A can of beer played a starring role in this defendant's alleged activities on Jan. 6:
"I don't always storm the Capitol of the United States of America. But when I do, I prefer Coors Light"
Another unsealed Jan. 6 case: Tim Boughner of Michigan, charged with using chemical spray against cops. Facebook posts, per docs:
Jan. 5: "I'm on my way to Washington DC. To make sure Biden's doesn't become president."
Hello from Judge Carl Nichols' virtual courtroom, where a status hearing is about to start in the criminal contempt case against Steve Bannon. On last night's status report, which indicated quite a big gap in how both sides would like to proceed:
Here's the dial-in info for Nichols:
Toll Free Number: 877-873-8017
Access Code: 8692421
They're starting with a discussion of what will be covered by a protective order as far as restrictions on how the parties can use evidence in the case and what they can make public and when
The 2nd Circuit is hearing arguments this morning in writer E. Jean Carroll's defamation suit against Trump, on the question of whether DOJ can take over Trump's defense.
This is the link to the 2nd Circuit's audio livestream, so far it's giving me an error message, hopefully it'll kick on soon (or someone who spends more time covering this court will tell me what I'm doing wrong!) ww2.ca2.uscourts.gov/court.html
Phew, it's working, they're just getting started now
Worth revisiting the Mississippi case that got us here. The 2018 opinion from Judge Carlton Reeves blocking the 15-week abortion ban included a prescient critique that the state was picking a fight it knew it would lose to get Roe back to SCOTUS: buzzfeednews.com/article/zoetil…