Thread by @ZoeTillman

Hello from Judge Reggie Walton's virtual courtroom, where sentencing is about to start for Capitol rioter Anthony Mariotto. Govt wants 4 mos jail — it's a misdemeanor plea, but they'll argue he was one of the more serious offenders, given how far he made it in + scope of conduct

Here's the dial-in info for Walton's courtroom:
Toll Free Number: 888-273-3658
Access Code: 1809972

Govt sentencing memo: s3.documentcloud.org/documents/2115…

Mariotto sentencing memo — he's seeking probation + fine: s3.documentcloud.org/documents/2115…

Mariotto is there in-person. Walton says he didn't realize Mariotto hasn't gotten a covid vaccine, and would have had him appear remotely if he'd known, rather than subject everyone in the courthouse to someone who chooses to be unvaxxed "despite all the people who are dying"

Walton also points out that the prosecutor is appearing remotely because she had recent exposure to someone who tested positive for covid

AUSA Kimberley Nielsen begins the govt's presentation by playing video from the Capitol on Jan. 6 (I'm listening in so I can't see what's being played to the judge), you can hear a person (the govt has said it's the defendant Mariotto) chanting "where are the traitors?"

Nielsen narrates Mariotto's experience in the Capitol based on the video he was filming at the type, says that he's filming the mob overwhelming and pushing past police, and chooses to continue going forward instead of leaving

Nielsen argues Mariotto gave an interview after minimizing his conduct, says he wasn't just participating in a protest to try to get lawmakers to act, but the videos indicate he wanted to "frighten" and "intimidate" elected officials into doing what he thought was right

I'll be sticking with Mariotto's hearing, follow @ryanjreilly for another Jan. 6 sentencing that's just getting started -->

https://twitter.com/ryanjreilly/status/1471858639514312710

@ryanjreilly Mariotto's lawyer Edward Reagan is up now. Walton asks if Mariotto is denying that he knew an illegal breach was underway when he went into the Capitol. Reagan says Mariotto understands that what he did was wrong

@ryanjreilly Reagan says he wants to focus on Mariotto's actions, as opposed to his words, noting there wasn't evidence that he took part in confronting or pushing police officers

@ryanjreilly As for Mariotto going to the Senate gallery and taking a selfie — Reagan says it was wrong, but argues it was less serious than rioters who went onto the Senate floor where there were docs of "national importance" and security; says Mariotto was in the Capitol for <20 minutes

@ryanjreilly Reagan is describing to the judge a message from Mariotto's employer in February describing consequences for his arrest — he was suspended from his job, no bonuses for the year that he might otherwise be eligible for. Says financial impact to Mariotto has been $329K

@ryanjreilly Reagan says Mariotto is remorseful for his role in Jan. 6, but says the govt's description of what exactly he did that day didn't support the more serious sentence that the prosecutor was arguing for

@ryanjreilly Mariotto's lawyer parses his activity in the Capitol as compared to other rioters who pleaded guilty and got some jail time — says going to the Senate gallery not as bad as going into Pelosi's office, he didn't blame antifa, didn't delete accounts/refuse to turn over evidence

@ryanjreilly Mariotto's lawyer says putting him in jail with no computer/internet would jeopardize his job and the company — he works in the pork trading business

Walton asks if he's still working after forfeiting pay. Lawyer explains he's still earned commissions, but not salary/bonuses

Pork commodities trading, you say?

Mariotto's lawyer asks for a sentence of probation. He also says a fine of the max amount, $5,000, would be appropriate, notes he can't demonstrate that Mariotto doesn't have the ability to pay (we've heard a few references to fact that Mariotto earns quite a lot through his job)

Walton says what "troubles" him is that Mariotto was knocking on doors, asking, "where are the traitors," and that would have made people in the Capitol fear for their safety. Reagan acknowledges that, says Mariotto has talked about how "horrible" it must have been, is embarassed

Walton calls out Trump: "Words are the reason, unfortunately, the events of Jan. 6 occured, because of someone who wasn’t willing to be a gracious loser. And as a result of him falsely claiming that the election had been stolen, we ended up with Jan. 6"

Walton says this about Trump in the context of pushing back on Mariotto's lawyer downplaying significance of Mariotto's words on Jan. 6 vs. actions

https://twitter.com/ZoeTillman/status/1471868382161117190

Walton says, generally, he thinks participation in Jan. 6 is serious enough conduct to merit prison time, but also says that you can't lock up everyone. He talks about the risk of an unvaxxed person going into the prison system, but also says unvaxxed status can't be a benefit

Prosecutor pushes back hard on Mariotto's unvaxxed status being a factor, argues that it cannot be a benefit and says that the federal prison system has been doing a good job now of dealing with covid risks

Mariotto addresses the judge, says he would have never hurt someone: "I’m sorry to everyone that I scared or anybody that day. ... I was trash talking maybe. I’m Italian, I talk a lot and I trash talk sometimes, but I definitely would never do anything."

Mariotto says he feels bad about the fear people in the Capitol must have felt on Jan. 6, apologizes to the police officers injured that day and their families. "I feel like crap. I’m never going to a protest again. ... I got caught up in the moment."

Mariotto laments the divisions in the country caused by the election, says he wishes that Biden had won by a billion votes.

Walton jumps in: He won by 7 million.

Mariotto says he gets that, just wishes the country could come together.

Walton notes the dozens of post-election challenges to Biden's win that failed: "It’s just very concerning to me when people are gullible enough to accept what somebody says ... and not do their own investigation to assess whether what that person is saying has any merit."

Mariotto says he really believed the election was stolen, he liked Trump's "America first" platform and all that, but looking back now, thinks that if Trump was worried about the election being stolen, he should have done something before the election

Walton sentences Anthony Mariotto to 3 years probation, $5,000 fine. He says despite his inclination to send Mariotto to prison, it wouldn't be appropriate given other misdemeanor cases where people who didn't engage in violence/property destruction on Jan. 6 received probation

Walton also ordered Mariotto to complete 250 hours of community service.

Mariotto at the very end: "Thank you, your honor, I won't let you down."

For context: $5,000 is the maximum fine that the judge could impose for the misdemeanor that Mariotto pleaded guilty to