The detention hearing for Tim Boughner is finally set to begin at 2 p.m. It's been delayed multiple times over the past two weeks. The DOJ says Bougner confessed to assaulting police on January 6 and also to attempting to flee capture. Docs:… #CapitolRiot
Boughner's attorney says his client helps care for his disabled brother-in-law and his nieces and nephews. Also points out that other #CapitolRiot defendants accused of assaulting police have been given bond, even Robert Scott Palmer, who's now serving longest sentence yet.
"I'm sorry to say Mr. Boughner, I do believe detention is warranted in this case," Faruqui says, saying there's "clear and convincing evidence that you are a danger to the community."
Judge Faruqui also says there's compelling evidence that Boughner is a flight risk. He has no steady employment and hasn't for a long time. Has no fixed address.
"Upon arrest, he did confess to law enforcement that he was planning to leave again because he had a feeling they were coming for him," Judge Faruqui says.
Judge Faruqui says he did *not* factor in probation violations from years ago into his decision.
"In my mind, arguably all six factors come out against Mr. Boughner," Judge Faruqui says, referencing the six factors Chief Judge Howell previously laid out for detaining #CapitolRiot defendants.
Judge Faruqui says he was not convinced by the defense argument that Boughner's alleged assaults on police were "just 10 minutes." Points to evidence about statements before and after the #CapitolRiot about wanting to "stomp some a**" and bragging about spraying police.
"It's very clear that he was not there to peacefully protest. He wanted to stop Joe Biden from becoming president," Judge Faruqui says.
Judge Faruqui notes that Tim Boughner posted "Might even get lucky and stomp some a***. LMAO." He then explains that LMAO stands for "Laughing My Ass Out loud" which... is pretty close. That's pretty close. You gotta give it to him.
Judge Faruqui says there's no evidence of any remorse in Boughner's post-January 6 statements: "He indicates that his life hasn't been the same, not in a negative context, but that this was something that was amazing."
Tim Boughner's next status hearing is set for February 10 at 1 p.m.
MORE: Tim Levon Boughner wrote on Facebook he was going to DC on January 6 "to make sure Biden's [sic] doesn't become president." Now he'll await trial on multiple felony #CapitolRiot charges behind bars.… @wusa9 @EricFlackTV

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More from @JordanOnRecord

13 Jan
Listening to the (non-#CapitolRiot) sentencing in an Arizona court for Tim "Baked Alaska" Gionet. Prosecutors are asking for him to serve 6 months for assaulting, trespass and civil disorder. Image
The prosecutor is playing part of Baked Alaska's livestream from inside the Capitol on January 6 now. As an aside, that stream has helped the FBI identify probably dozens of #CapitolRiot defendants at this point.
Gionet's attorney argues that this assault case is his client's only run-in with the law — which was true in December 2020, but is decidedly not true now. Since that arrest, he's been charged in the #CapitolRiot case and for damaging a Hanukkah display at the AZ capitol.
Read 8 tweets
13 Jan
BREAKING: DOJ confirms arrest and indictment of Oath Keepers president Stewart Rhodes and 10 other members of the militia on seditious conspiracy charges in connection with the #CapitolRiot. Full indictment here:… Image
MORE: Oath Keepers leader Stewart Rhodes and 10 other members of the militia are now the first #CapitolRiot defendants to face sedition charges in connection w/ the January 6 attack. Developing story here:… @wusa9 @EricFlackTV
In the days after the 2020 election, Oath Keepers president Stewart Rhodes called for his followers to reject the results and said, "We aren't getting through this without a civil war."

Then, he shared a step-by-step plan on how to overthrow a government. Image
Read 10 tweets
12 Jan
The next #CapitolRiot plea hearing is scheduled for noon, when Willard Peart, of Utah, will appear before Judge Friedman. He was one of a number of rioters who entered the Capitol wrapped in a Trump flag.
There's some back and forth about whether Willard Peart could have been charged with a felony. DOJ agrees the initial affidavit could possibly have led to that. Peart was ultimately only charged with misdemeanors.
Peart says he's grateful he's able to enter his plea virtually from Utah instead of flying to D.C. "Utah's a nice place," Judge Friedman says. "Come visit anytime you want," Peart tells him.
Read 6 tweets
11 Jan
Listening to a status hearing now for four Proud Boys leaders accused of conspiracy. Judge Timothy Kelly says he's considering moving Zachary Rehl from PA to DC because the PA facility can't produce him for hearings. Rehl's new attorney, Carmen Hernandez, says DC isn't better.
Hernandez says the DC Jail has been "hellish" about making clients in other cases available for hearings.
Joseph Bigg's attorney Jonathan Daniel Hull calls the D.C. Jail a "phenomenally dysfunctional place." Says it transcends any issues with COVID or anything else. Really doesn't want him moved there. He's at a facility in Seminole County, Florida, at the moment.
Read 10 tweets
17 Dec 21
Starting now: A sentencing hearing for Robert Scott Palmer, of Tampa. The DOJ says he should serve the longest prison term yet in a #CapitolRiot case.… @wusa9 @EricFlackTV
Palmer is asking for a downward variance to a sentence of 24 months in prison. You can read his sentencing memo here:…
"When you threw the plank and the fire extinguisher at the officer, were you acting in self-defense?" Judge Chutkan asks Palmer.

"No your honor, I was not," he says.
Read 21 tweets
17 Dec 21
Happening now: Sentencing hearing for Anthony Mariotto, of Florida. DOJ says Mariotto was part of and filmed a crowd that charged through police as they yelled, "Hands up don't shoot!" and "I can't breathe!" #CapitolRiot
Prosecutors play a video of rioters, including Mariotto, walking through the Capitol banging on doors and trying to open them. Says we know there were staffers at the time hiding from the rioters. "What would have happened if they'd found someone?"
DOJ says it's "particularly concerning" to the government that Mariotto was part of the crowd that went around banging on doors and yelling "Where are the traitors!?" Mariotto eventually made it into the Senate Gallery.
Read 20 tweets

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