The government is asking today for Andrew Hatley to serve 2 months of home detention and 3 years of supervised probation. His attorney says 1 month of probation and community service is sufficient.
DOJ says Hatley's actions were on the lower end. He entered the building, posed for photos in the crypt, and then left after minutes. But he also admitted to FBI he saw the chaos as he came to the Capitol, climbed through a broken window.
"There is a narrative from some groups that nothing really happened [on January 6]. We need to dispel that," Judge Hogan says.
Judge Hogan says he is troubled by the gas mask Andrew Hatley was wearing on January 6. Hatley's attorney says it's hard to get around. Clearly shows he anticipated some sort of interaction with law enforcement (via teargas or pepper spray).
Hatley's attorney says some #CapitolRiot defendants are remorseful because they're going to jail. He says Hatley stands out because the "overriding" factor for him is remorse for the assault on democracy he participated in.
"He knows what he did was wrong, and he's sorry for it," Hatley's attorney says.
Hatley's attorney says community service will have a "grave impact" on Hatley's freedom because he's a truck driver who doesn't have much free time.
Hatley, speaking now, says he brought the gas mask because he was worried about the sort of things he saw on TV during the "Million MAGA March" in December.
Judge Hogan calls January 6 an "unprecedented attack on our democracy." Says the only comparison is the War of 1812, when British troops captured and burned the Capitol and White House.
Judge Hogan says he's had #CapitolRiot defendants who appeared before him to plead guilty that he did not think were sincere. "I think they were determined to go out and do it again."
Judge Hogan notes that by the events of January 6, dozens of judges around the country, including some appointed by Trump and the Supreme Court, had rejected Trump's election fraud claims. "It's a big lie that has been pushed by some people."
"In your case, I think you have shown true remorse," Judge Hogan tells Andrew Hatley.
Judge Hogan talking about the Robert Reeder case now. Says he thought Reeder was only remorseful because he was facing consequences. Also notes video eventually came out (thanks to @SeditionHunters) showing he had "dissembled" and lied about his actions. wusa9.com/article/news/n…
Judge Hogan says he's concerned about how home detention would work for Hatley, who is a long-haul truck driver. Says he asked probation if they could track him if he was confined to his truck, but they said there would be issues.
🚨 SENTENCE: U.S. District Judge Thomas F. Hogan sentences Andrew Hatley, of South Carolina, to 36 months of probation for one misdemeanor count of parading, demonstrating or picketing in a Capitol building. #CapitolRiot@wusa9@EricFlackTV
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Happening now: Sentencing hearing for Anthony Mariotto, of Florida. DOJ says Mariotto was part of and filmed a crowd that charged through police as they yelled, "Hands up don't shoot!" and "I can't breathe!" #CapitolRiot
Prosecutors play a video of rioters, including Mariotto, walking through the Capitol banging on doors and trying to open them. Says we know there were staffers at the time hiding from the rioters. "What would have happened if they'd found someone?"
DOJ says it's "particularly concerning" to the government that Mariotto was part of the crowd that went around banging on doors and yelling "Where are the traitors!?" Mariotto eventually made it into the Senate Gallery.
Robert Chapman tells Judge Contreras he has an associate's degree. Has never been treated for a psychiatric illness. Not under the effect of any drugs or alcohol.
DOJ reading the facts of the case now. Robert Chapman traveled from NY to see Trump speak. Entered the Capitol around 2 p.m. Was inside the building for ~45 minutes. Took photos in Statuary Hall and posted them to social media.
We've heard a lot about Oath Keeper planning leading up to January 6, but in a new filing, the DOJ lays out specific statements from Thomas "Commander Tom" Caldwell *during* the #CapitolRiot it says show an agreement with those around him to take the Capitol. @wusa9@EricFlackTV
There's also more about the "quick reaction force" staged at the Comfort Inn in Ballston "should things go high order."
Plus, new messages from Oath Keepers president Stewart Rhodes (Person 1) saying OKs would have "no choice" but to act if Trump failed to do so. #CapitolRiot
As I wrote about earlier this month, Oath Keepers president Stewart Rhodes has still not been charged in the case — and defense attorneys want to know if he's going to be or not. wusa9.com/article/news/n…
You can see the man the DOJ has identified as Justin Jersey in this BWC video while he and other defendants, including Jeffrey Sabol and Jack Wade Whitton, repeatedly attack police. wusa9.com/article/news/n…
The DOJ is asking for three months of home detention for Brandon Miller and two months for Stephanie, along with 36 months of probation for each. DOJ is asking for the extra month for Brandon due to his live streams during and after downplaying the #CapitolRiot.
Stephanie Miller kept her #CapitolRiot messages in the DMs, writing that, "We're hoping we don't get charges, but we'll proudly take them if so." She also wrote that she and her husband "enjoyed every part of what we did and was a part of."