Just one Jan. 6. sentencing on the books today. Tanner Bryce Sells appears before Judge Amy Berman Jackson at 2 p.m. The feds want 14 days behind bars and 36 months of probation.
DOJ: "As of the date of this filing he has not expressed remorse for his actions.”
Tanner Sells tells Judge Amy Berman Jackson he’s a “man of accountability” who is willing to accept the mistakes that he’s made.
Says he has remorse for what he’s done but doesn’t want to “overdramatize it.”
Says he’s made his mistakes and is willing to accept his punishment.
Judge Amy Berman Jackson is back to impose sentence in USA v. Tanner Sells.
Judge Amy Berman Jackson notes this was not a “thank you” rally or a “goodbye” rally for Trump. She quotes Trump tweets with bogus claims about a stolen election. Notes that Sells’ lawyer cites the inflammatory nature of the speeches before the mob stormed the Capitol.
Judge Jackson to Sells: You aren’t being prosecuted and sentenced because you supported the former president, you’re being sentenced for your actions.
Judge Jackson says there’s no bragging in this case, but she also hasn’t seen evidence of Sells being sorry and recognizing the impact of his actions.
Jackson: Everybody else in the family wrote me a letter but you.
Judge Jackson says this is a “really, really close case.”
Sells was on the “minimal end of involvement” and deserves a sentence on the shorter end, she said.
Ideally, it sounds like, Jackson would like to do a short sentenced and ongoing probation, which she thinks would be beneficial. But says she doesn’t believe she can do that under the law, she has to pick one or the other.
NEW: Tanner Sells gets 90 days of home detention, 24 months probation, and a $1,500 fine since he’s working. Judge Amy Berman Jackson said she exercised her discretion in this case, and wanted Sells to be thinking about this longer than he would with a two-week prison sentence.
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"During the interviews the government was focused on establishing an organized conspiracy between defendant, President Donald J. Trump, and allies of the former president, to disrupt the Joint Session of Congress on January 6.”
“...defendant’s statements were discussions of abstract advocacy about a highly contested presidential election…"
"The references in the tweet to a 'civil war' was not a call to violence, as the government suggests, it was a figure of speech referencing a political struggle.”
New today: Jan. 6 defendant Matthew Miller "would like to accept the government’s plea offer,” per joint court filing.
Plea hearing requested for Feb. 9.
Robert Scott Palmer, who committed a very similar crime (but also has several decades on Miller) got five years in federal prison: huffpost.com/entry/capitol-…
Four days ago, a judge declined to change Matt Miller’s conditions of release.
“Inside White House [sic] via breaking in windows... Tree of liberty was watered today!”
One of the Capitol rioters who couldn’t get his branches of government straight is set to be sentenced at 10. Feds want two months home detention.
“It’s embarrassing,” Kenneth Kelly said when he pleaded guilty. “I probably didn’t have the education to name the building correctly.” huffpost.com/entry/kenneth-…
For Ray Epps conspiracy theorists, the Brandon Straka case is worth examining. Unlike with a theoretical Epps case, here there was amble evidence of speech inciting imminent lawless action. So even though he didn’t enter the Capitol, Straka was charged, and admitted guilt.
“Straka was standing a mere 10 to 20 feet away East Rotunda Doors while encouraging the rioters to enter the U.S. Capitol… Straka encouraged the rioters to take the shield away from the officer.”
That’s very distinct from Epps, who tried to calm the situation.
A good question to ask Ray Epps conspiracy theorists is what precise criminal statute they would charge him under that wouldn’t also apply to thousands of people on the grounds that day (or run roughshod over the First Amendment).
Brandon Straka met with the feds once again last week — on January 5, 2022 — and was “cooperative,” per court filing.
DOJ is asking for four months of home detention.
DOJ says Straka has made "what appear to be sincere expressions of remorse” that "serve as a strong counter to his aggravating conduct, namely, his abuse of his responsibility as a public figure not to agitate and inflame the passions of a riotous mob.”
"As a public figure who continues to have a large social media following, Straka has a responsibility to ensure that his rhetorical flourishes do not endanger others.” storage.courtlistener.com/recap/gov.usco…