Hello from Judge Dabney Friedrich's virtual courtroom, where Esther Schwemmer is due for sentencing. This is a misdemeanor plea — govt wants home detention + probation, Schwemmer seeking probation (noting a different judge ordered probation alone for her friend Jennifer Parks)
Here's the public dial-in info for Judge Friedrich if you'd like to listen:
Toll Free Number: 877-336-1829
Access Code: 8424583
AUSA says they're seeking home detention because Schwemmer saw the mob forming as she and Jennifer Parks approached the Capitol, saw people climbing scaffolding/wall, encouraged Parks to go in after seeing a door broken open, on video heard encouraging Parks to go to the Rotunda
Friedrich asks AUSA Anita Eve why Schwemmer wasn't incl. in small group where govt sought probation alone, when similar conduct and early indication of intent to plead. Eve says it wasn't one of the early pleas, spent time negotiating
Schwemmer was "quite aware" of the "riotous activity" going on around her, AUSA argues
Schwemmer's lawyer Carmen Hernandez is up, says Schwemmer cooperated right away with the FBI and pleaded guilty before a lot of discovery was produced, argues her client was "swept up" in the events of Jan. 6, heard on video saying she thought it was "peaceful"
Schwemmer came to the Capitol for a "political, patriotic" demonstration that "got out of hand," her lawyer argues, compares her to people who disrupted SCOTUS arguments in the courtroom and got probation, says she didn't advocate for overthrow of govt, didn't commit violence
Schwemmer speaks briefly and can be heard crying, says she's "deeply ashamed" of her actions. She submitted a written statement as well: s3.documentcloud.org/documents/2117…
Friedrich says she believes the remorse is genuine, tells Schwemmer no one is defined by the worst mistake they made
Friedrich moves right into announcing the sentence. She begins by going over what Schwemmer did on Jan. 6, says that going into the Capitol that day was "in no way" an act of patriotism
Friedrich reiterates she believes Schwemmer's remorse is genuine, notes early acceptance of responsibility and cooperation, gives credit for years of volunteer work in her community, esp. through her church. Says she views case much like Jennifer Parks, who got 24 mos probation
Friedrich says she agrees with her colleagues on the DC bench that no one should presume probation is the appropriate sentence for Jan. 6 defendants, but says she thinks Schwemmer's situation is similar to her friend Jennifer Parks and the same sentence is appropriate
Judge Dabney Friedrich sentences Esther Schwemmer to 2 years probation, 60 hours community service, no fine (agreed to $500 restitution in plea deal), says she doesn't agree with the govt that home detention is necessary
Schwemmer's lawyer says Schwemmer and her husband plan to travel in an RV once he retires, and asks that her probation conditions not restrict travel to her home district (Kansas). Govt doesn't object, judge says that's fine, notes she's complied w/ release conditions post-arrest
And that's a wrap on that
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At 1pm, US District Judge Amit Mehta will hear arguments on Donald Trump's effort to get three lawsuits tossed out re: his civil liability for the Jan. 6 insurrection — one filed by a group of Dems, one filed by Rep. Eric Swalwell, one filed by two USCP officers injured that day
There will be a public line to listen to this hearing, here's that info:
Toll Free Number: 877-848-7030
Access Code: 3218747
Here's Mehta's plan for dividing up arguments, which also gives you a good sense of the defenses Trump is raising, chiefly:
- that he's immune because he was president at the time
- that members of Congress aren't covered by the statute they're suing under
- First Amendment
Jan. 6 defendant on pretrial release asks for permission to go to Jamaica to visit with his girlfriend's family.
Chief Judge Beryl Howell: AYFKM
Howell: "This Court will not commemorate the one-year anniversary of this attack on the Capitol by granting defendant's request for non-essential foreign travel when he is awaiting judgment for his actions on that day."
An alleged Capitol rioter filed a request this afternoon for permission to take a 10-day trip to Jamaica to visit his girlfriend's family.
Chief Judge Beryl Howell swiftly rejected it, noting it was a bad idea to make the ask on today of all days. buzzfeednews.com/article/zoetil…
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…
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