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
Nichols asks AUSA why Parks deserves same sentence as Jessica Bustle, when Bustle had a criminal record and Parks doesn't and Bustle posted concerning things online. AUSA notes Jessica Bustle got 60 days home confinement and they're asking for 30 days for Parks
Nichols acknowledges the AUSA is correct, but pushes back and asks why Parks is more culpable than other misdemeanor defendants who received only probation. AUSA says govt is looking at specifics of what people saw/knew at the time they decided to go into the Capitol
AUSA Anita Eve notes Parks is from Leavenworth, Kansas, which Eve describes as a location with "federal property" — almost certainly a euphemism for the federal prison complex there — and would know you can't just go onto secured federal property
Parks' lawyer Maria Jacob is up, argues that the govt is overselling what Parks knew at the time about the chaos unfolding at the Capitol at the time that she went inside
Jacobs says that Parks was a "model citizen" before Jan. 6, argues that a period of home detention wouldn't serve any purpose and that 3 years of probation is excessive (they're asking for 1 year)
Jacobs argues against a fine, saying Parks doesn't independently have the means to pay and would need to get funds from her husband. Probation officer says they rec'd a fine because Parks had the means to travel to DC on Jan. 6, and the court can consider family assets
Parks declines to speak at length to the judge, she tells him she wants to rely on a statement she wrote because she's afraid she'll "lose it" if she speaks. She asks that he think about it "prayerfully"
AUSA disputes a statement from Parks' lawyer that she left as soon as she encountered an injured person, says the video evidence shows Parks consoled that person and then went inside the building and up a floor.
Nichols is taking a short break before announcing the sentence.
Nichols is back on the bench and going over the sentencing factors. He says that Parks seems to fall below the average in terms of culpability compared to other Capitol rioters, and that she's been remorseful and is unlikely to reoffend
Now: Judge Carl Nichols sentences Capitol rioter Jennifer Parks to 24 months probation (govt wanted 36 mos + 1 month home detention, Parks wanted 12 mos) + $500 restitution that was part of the plea deal + community service. No fine, no home detention.
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NOW: The DC Circuit rules against Trump is in his quest to stop the Jan. 6 committee from getting his archived White House records. Judgment just came in, waiting on the full opinion, more to come. Court gives Trump 14 days to petition SCOTUS.
"On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents."
Hello from Judge Emmet Sullivan's virtual courtroom, where a plea hearing is underway for Jan. 6 defendant Philip Kramer. Per charging docs, Kramer spoke with the FBI a few times after, admitted going into the Capitol, stealing a "Do Not Enter" sign s3.documentcloud.org/documents/2061…
AUSA, reading statement of offense that Kramer is admitting to, says that he came "equipped" with a helmet, a strap with a lock attached to it, and a walking cane — he'd been charged with illegally entering the Capitol with a weapon (they haven't said yet what he's pleading to)
Kramer is pleading guilty to parading, demonstrating, or picketing in the Capitol, the same class B misdemeanor we've seen in most Jan. 6 plea deals so far. This means the govt is dropping the count with the weapons enhancement, max sentence is 6 mos in jail
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"
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 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
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