"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.”

Straka denied knowledge.
storage.courtlistener.com/recap/gov.usco…
Also a lot of talk about the Brandenburg test.
“...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.”
Here’s a thread on DOJ’s sentencing memo from last week, dragging influencers.

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More from @ryanjreilly

Jan 18
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.”

Link: storage.courtlistener.com/recap/gov.usco…
Tanner Sells’ federal public defender has requested probation, saying he played a “small role” in Jan. 6.

"Mr. Sells is not proud of his participation in the events of January 6. At no point has he bragged or publicized his involvement.”

storage.courtlistener.com/recap/gov.usco…
Read 11 tweets
Jan 17
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.
Read 5 tweets
Jan 14
BREAKING: The FBI has arrested a Proud Boy in Florida who was caught with the help of his modeling photos.

Online sleuths had dubbed the man, a military veteran, as “RayBanTerrorist.”

huffpost.com/entry/capitol-…
A.J. Fischer certainly likes to dress up. huffpost.com/entry/capitol-…
There have been a lot of Jan. 6 defendants who were in the military, and a few who modeled. A.J. Fischer fits into both categories!

huffpost.com/entry/capitol-…
Read 8 tweets
Jan 14
“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-…
"He described his decision to enter the Capitol as stupid.” storage.courtlistener.com/recap/gov.usco…
Read 11 tweets
Jan 13
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).
Read 4 tweets
Jan 13
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…
Read 6 tweets

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