The oldest known Jan. 6 defendant, 81-year-old Gary Wickersham, is about to be sentenced.

“It’s the first defendant I’ve had that’s older than me in quite some time,” says 78-year-old Senior Judge Royce Lamberth.
“We believe a sentence of home detention is appropriate,” says federal prosecutor. Per court filing, they’ll show a video compilation of his activities at the Capitol, which should subsequently be released to the media.
DOJ: "He claimed that he was authorized to enter the Capitol because he pays his taxes. He claimed that the entire event was staged, and that law enforcement purposefully did not have enough resources there…” storage.courtlistener.com/recap/gov.usco…
Defense: "He is a man who spent a life valuing the ideals of America. It is particularly sad that in his eightieth year, Mr. Wickersham took part in such a dark day in our nation's history.” storage.courtlistener.com/recap/gov.usco…
“In 81 years, Mr. Wickersham has never had a need for a lawyer,” says Wickersham’s lawyer, who says he doesn’t think he’s ever had a criminal defendant quite like Wickersham.
Wickersham went to D.C. because he was “bored and had nothing else to do,” his lawyer tells the judge. He didn’t engage in violence or property damage.
Wickersham addresses the judge.

“It’s not like me to do that.”

Calls the 22 minutes he spent inside the Capitol a “dark blot” on his 81 years, which includes military service.

“I’m remorseful for it,” Wickersham says. He says he throws himself at the mercy of the court.
Judge Lamberth gives Gary Wickersham a sentence of 36 months probation, and a fine of $2,000 (in addition to restitution). He’ll have home detention (with some exceptions) for 90 days.
Lamberth says the courts have to treat this as a serious offense to deter others from engaging in that type of conduct in the future.
Lamberth says he wants a sentence that encourages others to come forward and “set things straight” and take responsibility for their actions.
Judge Lamberth once again expresses confusion about defendants actually attempting to go to trial on Jan. 6 cases, given the overwhelming evidence.

“When you see these tapes, I don’t know what they’re going to try,” Lamberth says.
Here’s Lamberth previously explaining why taking a guilty plea is the right move, given the overwhelming evidence.

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More from @ryanjreilly

23 Dec
Here's "Rally Runner," a St. Louis Cardinals fanatic, at the front of the battle with a stolen police shield. Tucker Carlson viewers now believe this man, who's been running around Busch stadium for years, is some sort of secret undercover operative. huffpost.com/entry/tucker-c…
Once again, this is who they think is an undercover law enforcement officer. This guy.
“If I’m wrong, so be it, bro. I don’t care,” said the attorney for several Jan. 6 defendants. “I don’t give a shit about being wrong.” huffpost.com/entry/tucker-c…
Read 6 tweets
23 Dec
Three hours of Jan. 6 surveillance video from the tunnel at the top of the inauguration platform was released today, showing brutal attacks on officers that day.

It also shows that the first guy to cross the threshold of the tunnel was wearing shorts, in January.
“Most of the people on the ground are buffoons, so what? There are 15,000 of them.” — Mike Fanone huffpost.com/entry/mike-fan…
It's just a constant onslaught, hour after hour after hour.
Read 4 tweets
22 Dec
We should learn at a hearing at 2 p.m. today whether Danny Rodriguez’s full confession will be admissible at trial. huffpost.com/entry/danny-ro…
A tearful Rodriguez called himself “so stupid,” “an asshole,” and a “fucking piece of shit” during the FBI interview, and worried that his “mom’s gonna find out” what he did. huffpost.com/entry/daniel-r…
Danny Rodriguez’s hearing will be underway momentarily. Here’s what Mike Fanone told me that his assailant’s confession tape reveals: huffpost.com/entry/mike-fan…
Read 27 tweets
21 Dec
Big news for federal prisoners released to home confinement due to COVID: The Office of Legal Counsel has reconsidered its opinion and now believe the CARES Act “grants [the Bureau of Prisons] discretion to permit prisoners in extended home confinement to remain there.”
Key section: the law “allows the agency to use its expertise to recall prisoners only where penologically justified, and avoids a blanket, one-size-fits-all policy.”
Statement from Attorney General Merrick Garland:
Read 5 tweets
21 Dec
Israel Tutrow, who stormed the Capitol with his prominent facial tattoos on full display, is set to be sentenced by Judge Amy Berman Jackson at 10 a.m.

DOJ wants 60 days behind bars.
Amy Berman Jackson: You weren’t here merely to unlawfully assemble, you were here to disrupt the certification of the election… The harm of that day was and continues to be substantial… America’s standing in the world may never recover.
Amy Berman Jackson: You can vote for whoever you want. But you and your friends do not get to stop the count because you don’t like the results of the election.
Read 6 tweets
20 Dec
Sentencing set for 2. p.m. for Capitol defendant Devlyn Thompson.

The government wants Judge Royce C. Lamberth to give Thompson four years in federal prison.

His defense says he has “the coping skills of a four-year old” and his mom said he’s been “easily tricked by others."
“I was thirsty for news that wasn’t being censored. I listened to Tim Pool, Disaffected Liberal, Dave Reuben… Gateway, the Federalist, Zero Hedge, and Gray Zone. I was reading them for balance. They were willing to cover things that were more taboo.”
Defense: “although Mr. Thompson is 28-years old, he functions in many ways as a young child… Mr. Thompson’s understanding of what was transpiring was naive and inaccurate due to his autism.” storage.courtlistener.com/recap/gov.usco….
Read 10 tweets

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