AG Merrick Garland will be speaking soon about the Jan. 6 anniversary. DOJ has released this excerpt in advance: "The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law..." (full quote attached)
Garland is set to speak at 2:45pm, it'll be streamed line here: justice.gov/live
AG Garland is up, reminder that it's being streamed here: justice.gov/live
Garland recounts the violence against police on Jan. 6, and the mob's temporary success in "interfering with a fundamental element of American democracy."
"Those involved must be held accountable, and there is no higher priority for us at the Department of Justice."
Garland says the Jan. 6 investigation is "one of the largest, most complex, and most resource intensive investigations in our history"
- 5,000+ subpoenas + search warrants
- ~2,000 devices seized
- 20K+ hours video
- 15 TB data
- 300K+ citizen tips
Garland on misdemeanor plea deals: they reflect facts of the case and a defendant's acceptance of responsibility, and "help conserve both judicial and prosecutorial resources, so that attention can properly focus on the more serious perpetrators"
Garland: We know you want to know how long this will go and what we'll do next. "Our answer is ... the same answer we would give with respect to any ongoing investigation: as long as it takes and whatever it takes for justice to be done — consistent with the facts and the law."
Garland: "To ensure that all those criminally responsible are held accountable, we must collect the evidence. We follow the physical evidence. We follow the digital evidence. We follow the money. But most important, we follow the facts — not an agenda or an assumption."
Garland on DOJ norms, a big theme of his in the post-Trump era: "...there cannot be different rules depending on one’s political party or affiliation. There cannot be different rules for friends and foes. And there cannot be different rules for the powerful and the powerless."
Garland: "...in a democracy, people must not employ violence or unlawful threats of violence to affect that outcome. Citizens must not be intimidated from exercising their constitutional rights to free expression and association by such unlawful conduct."
Garland quotes the late justice Antonin Scalia, including the case name, in explaining that threats of violence are not protected by the First Amendment (tell me your AG is a former DC Circuit judge without telling me your AG is a former DC Circuit judge)
Garland shifts to talking about DOJ's commitment to enforcing voting rights, laments the Supreme Court's narrowing of federal voting rights protections in the Shelby County decision in 2013, calls on Congress to take action
Garland: "Each of us — you and I — came to work here because we are committed to the Rule of Law and to seeking equal justice under law. We came to work here because we are committed to ensuring the civil rights and civil liberties of our people."
Garland concludes with a thank you to DOJ employees, says he hopes to see more of them in person, soon
A few thoughts: Garland's speech was light on details, but that's what we'd expect from someone in his position talking about an ongoing investigation. Recall DOJ briefly landed in hot water with judges when the former DC acting US atty went on TV to talk about the investigation
The fact that Garland addressed some of the public criticism of the direction of charges/plea deals to date, and confirmed that they're still plugging away, exploring options to build up cases, and have no plans to wind down, was significant on its own as a type of status update
Garland talked about why they've charged a lot of cases as misdemeanors and started with those plea deals, which means lighter sentences. There are still a lot of misdemeanor pleas/sentencings to come, if my Jan-March calendar is a guide — will we see more felony deals? TBD
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By my count, 80 Jan. 6 defendants are in custody pending trial:
- 51 charged w/ assaulting police
- 14 charged w/ conspiracy, weapons offense, other felony
- 5 pending detention hearing
- 5 bond revoked for violation*
- 1 flight risk concern
- 4 in custody on separate charges
*One of the bond revocations was for a defendant also charged with the count for assaulting/interfering with police, not included in the 51
I'm not linking to the bad tweet about pretrial detention in the Jan. 6 cases, but here are data points for anyone who would like information about this
"Was it pretty? No. Did it make a statement? Yes."
Per latest unsealed Jan. 6 case, John Cameron (charged with misdemeanors) allegedly posted a series of messages, photos, and videos documenting his participation in the mob s3.documentcloud.org/documents/2117…
This latest Jan. 6 case is a good illustration of a few things:
- You may have noticed a gap between the number of cases Garland said yesterday (725+) and the number we/others have as of today (705). Cases are often kept sealed until there's an arrest, this one's dated 12/10
- The feds continue to bring new cases built off of the deluge of tips that came in after the insurrection. Note the first tip re: Cameron came in Jan. 8, investigator got a positive ID from a "distant relative" on Oct. 13, complaint dated Dec. 10, arrested yesterday
Jan. 6 prosecutions, by the numbers:
705 charged
174 guilty pleas
74 sentencings
$160,500 owed
9 cooperators
98 charged w/ weapons offenses
54 charged w/ conspiracy
0 charged w/ sedition
80 in pretrial detention
3 defendants missing
50 on track for trial buzzfeednews.com/article/zoetil…
Jan. 6 cases, by the numbers, pt. II:
0 cases dismissed by a judge
1 case dropped by the govt
3 rioters appealing sentences
2 guilty pleas with no deal
Most prison time: 63 months
Lightest sentence: 2 months probation (plus fines) buzzfeednews.com/article/zoetil…
Belated hello from Judge James Boasberg's virtual courtroom, where the first Jan. 6 sentencing of the year is underway for Leonard Ridge IV, who captured his experience on Snapchat and pleaded to a misdemeanor for illegally entering. Govt wants 45 days, Ridge wants probation
Here's @ryanjreilly on how the hearing has been going so far
@ryanjreilly Boasberg gearing up to announce the sentence, says he finds it concerning that before Jan. 6, Ridge texted a friend, "I think we are going to try to block the session of [C]ongress" — that it speaks to his intent going in
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
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)
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
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"