Thread by @ZoeTillman

Hello from Judge Tanya Chutkan's virtual courtroom, where sentencing is about to start for Robert Palmer — pleaded guilty to using a fire extinguisher + wooden plank to assault cops on Jan. 6.

Govt wants 63 mos in prison. Palmer arguing for 18-24 mos, below the guidelines range.

Here's the dial-in for Chutkan's courtroom:
Toll Free Number: 866-590-5055
Access Code: 3850112

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

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

When Palmer pleaded guilty in October, his est'd sentencing guidelines range was 46-57 mos. But the govt now agrees with the probation office that it's 63-78 mos because he shouldn't get credit for accepting responsibility given a post-plea fundraising post (since taken down)

Palmer will be asking for a downward departure from the guidelines range, atty says the fundraising post was "foolish" and spurred by stress of incarceration: "After realizing the idiocy of his decision, he had the website removed and refunded all of the donations he received"

Chutkan asks Palmer if what he posted on the fundraising website was true about being shot at with rubber bullets *before* throwing the fire extinguisher at police. Palmer says it was false. She asks if he's claiming self-defense. He says no.

It sounded like Palmer's lawyer wanted to consult with him about this, so the judge is taking a short break. It doesn't sound like Palmer is walking back his plea, but the judge explained she has to probe this because she has to be satisfied his guilty plea is legit

Chutkan concludes that she agrees with the probation office calculation of the advisory sentencing guidelines range, that the fundraising post indicates that at some point post-plea he was still denying culpability, so he doesn't get a reduction for accepting responsibility

The judge now moves on to ruling on Palmer's request for a downward variance from the guidelines range she's just adopted (puts his estimated range at 63-78 months, with the caveat that it's advisory and not binding on the judge)

Chutkan denies Palmer's request for a downward departure from the guidelines. She says childhood difficulties didn't relate to his decision to go to the Capitol, and while it's true people who urged on the mob haven't been charged, that also doesn't bear on what he pleaded to

Chutkan: "The issue of who has or has not been charged is not before me. I don't have any influence about that. I have my opinions, but they are not relevant."

Chutkan points out that there were other people who agreed with Palmer that the election was stolen but they didn't come to DC on Jan. 6.

"He didn’t like the results and he didn’t want the transition of power to take place because his guy lost."

Palmer addresses the judge: "I'm really, really ashamed of what I did."

He says he watched a clip from Rachel Maddow's show while in jail, and was "horrified" to watch himself attack the police. Apologizes for the fundraising post, vows to never go to another political rally.

Palmer's lawyer Bjorn Brunvand is up, alludes to Palmer's difficulties as a child. Says that that after the HuffPost (HT @ryanjreilly) story IDing Palmer ran (huffpost.com/entry/robert-p…), Palmer contacted him, immediately admitted he was guilty, and said he wanted to plead guilty

@ryanjreilly Brunvand notes that Palmer had been resistant to getting a covid vaccine, but a few days ago got his first shot. Chutkan said she's "very glad" to hear that, she's not punishing anyone for beliefs or who they support, but said it shows he's capable of "reflection" and listening

@ryanjreilly As for Palmer noting he watched some MSNBC in jail, Chutkan quipped that a steady diet of any cable show is probably not good for anybody, but that it's good for people to expose themselves to a variety of opinions and sources of info, might have avoided Jan. 6

@ryanjreilly Chutkan, a former public defender, notes attention being paid now to conditions at the DC jail. She says she's "a little cynical" about the reasons for that, given apparent access of Jan. 6 defs to "political influence" — "but in any event I’m glad that attention is being paid"

@ryanjreilly Chutkan says that Jan. was not a protest, but a violent attempt to overthrow duly elected govt. She moves on to describing Palmer's activities, that he watched and cheered on assaults on police guarding the building before joining in

Chutkan: "Despite being outnumbered that day, law enforcement officers labored valiantly and tirelessly” to protect the Capitol.

She notes that MPD officers stopped what they were doing elsewhere in DC to respond to the Capitol: "They were the patriots that day, Mr. Palmer"

Chutkan has Palmer look at the US marshals in the courtroom, and tells him that officers ran from the federal courthouse to respond to the Capitol on Jan. 6 (which is just a couple blocks away)

Chutkan: "The men and women who kept democracy functioning that day and saved lives, they deserve the thanks of this nation. They didn’t deserve to have fire extinguishers thrown at them."

Chutkan on the need for deterrence: "It has to be made clear that trying to violently overthrow the government, trying to stop the peaceful transfer of power and assaulting law enforcement officers in that effort is going to be met with absolutely certain punishment..."

"...Not staying at home, not watching Netflix. Not doing what you were doing before you got arrested in this case. That there are going to be consequences."

Now: Judge Tanya Chutkan sentences Robert Palmer, who pleaded guilty to assaulting police at the Capitol on Jan. 6 with a fire extinguisher and wooden plank, to 63 months in prison. It's the longest prison sentence handed down in connection with the insurrection to date.

Chutkan tells Palmer she has no way to know if his remorse is genuine, but that how we come back from a mistake shows "true character": "Show your children that while we make mistakes and we can do bad things, it does not make us irredeemable people. Good luck to you sir."

A man was sentenced to 63 months in prison for attacking police on Jan. 6.

"The men and women who kept democracy functioning that day and saved lives, they deserve the thanks of this nation. They didn’t deserve to have fire extinguishers thrown at them."

buzzfeednews.com/article/zoetil…

Robert Palmer pleaded guilty to hurling a wooden plank at police, spraying them with a fire extinguisher, and then throwing the canister.

He's getting the longest sentence of any Jan. 6 prosecution to date, 63 months in prison.
buzzfeednews.com/article/zoetil…