Thread by @ZoeTillman

Hello from Judge John Bates' virtual courtroom, where sentencing is just getting started for Capitol rioters Abram Markofski and Brandon Nelson, who each pleaded guilty to the parading/demonstrating misdemeanor. Govt wants 14 days incarceration, they'll be arguing for probation

Here's the dial-in info for Bates:
Toll Free Number: 888-278-0296
Access Code: 4416918

Back to the Markofski/Nelson sentencing: Bates pushes back on the prosecutor arguing that them witnessing the riot and going forward is a factor against them. Bates says if the point of the govt's factors is to try to distinguish each def's conduct, this isn't specific/helpful

AUSA highlighted the length of time the duo spent in the Capitol. Nelson's atty says what they did inside is more relevant, and, compares him to other defendants - that he didn't come wearing armor, didn't attack police, didn't film assaults on police, didn't brag online after

There are overlapping Jan. 6 sentencings this p.m., hopping off Markofski/Nelson for a 2pm sentencing for Felipe Marquez, since there's more potential jail time at stake — govt is asking for 4 mos. I'll update with Markofski/Nelson's outcome once the written order gets docketed

Judge Rudolph Contreras is presiding over the Felipe Marquez sentencing, and here's his dial-in number, but so far it's silent, so dunno:
Toll Free Number: 888-636-3807
Access Code: 8481056

And it just clicked on! Sounds like they've already started, but it's early, the AUSA is just beginning the govt's presentation — by quoting from last night's DC Circuit opinion ruling against Trump in his fight with the Jan. 6 committee: buzzfeednews.com/article/zoetil…

Marquez was indicted on the obstruction of Congress felony + misdemeanors, and took a deal to plead down to one of the class A misdemeanors, which means the max is 1 year (versus class B misdemeanors a la parading where the max is 6 mos)

Contreras says the govt's chart of its sentencing recs so far is lacking in specifics, and says his sense from media reports is that early on the govt was seeking probation/home detention, got yelled at by Chief Judge Howell, and then started asking for incarceration

AUSA Jeffrey Nestler doesn't address the central claim there re: Howell, but says its true that early the govt had agreed to rec probation in a few cases, but has endeavored to advocate for sentences that are consistent across cases with similar factors

Nestler notes Marquez went into a sensitive space (Sen. Merkley's office), spent significant time inside the Capitol, is a class A misdemeanor case versus most guilty plea cases so far that involved the less serious class B misdemeanor

Marquez's lawyer Cara Halverson is up, says she implores the judge not to do the wrong thing for the right reasons, says her client shouldn't be a proxy for everyone who participated in Jan. 6 or who went into Merkley's office, that he didn't instigate or engage in violence

Halverson says that Marquez has mental health issues that need treatment, not incarceration

Marquez tells Contreras that he's sorry for participating in Jan. 6 and was confused about why people were going into the Capitol — thought he was protesting, didn't realize some were trying to stop Congress' certification of the election

Contreras asks Marquez why he's sorry. Marquez replies: "I believed I was protesting and I think when you break the law by trespassing it’s no longer protesting and I never wanted to break the law. I shouldn’t have broken the law."

Contreras moves right into announcing the sentence. He first says he concludes Marquez doesn't have the ability to pay a fine, that he may have an expensive car but that's not a liquid asset, and that the type of home loan he has ties up any equity

This is the first Jan. 6 sentencing before Contreras, and he joins the list of judges to blame Trump by name and Trump's prominent allies, says they "bear much responsibility" for spurring the riot at the Capitol

Contreras says the sentence will include requiring mental health treatment and medication compliance, as well as substance abuse treatment, he sounds like he's leaning towards probation and not incarceration

Judge Contreras sentences Capitol rioter Felipe Marquez to 18 months of probation, to include 3 months of home detention with location monitoring — rejecting DOJ's request for incarceration after giving significant weight to concerns about his mental health and need for treatment

Contreras ends by saying he hopes Marquez is actually remorseful, laments that some Jan. 6 defendants have gone online and taken back the remorse they expressed in court after getting lighter sentences, but acknowledges, "there's not a lot I can do afterwards"