Thread by @ZoeTillman

Hello from Judge Dabney Friedrich's virtual courtroom, where sentencing is set to start soon for MAGA influencer Brandon Straka, who pleaded guilty to joining the Jan. 6 insurrection. Govt wants probation + home detention, Straka wants time served or home detention, no probation

Dial-in info for Friedrich:
Toll Free Number: 877-336-1829
Access Code: 8424583

Govt sentencing memo: s3.documentcloud.org/documents/2117…

Straka sentencing memo, also asking for $5K fine: s3.documentcloud.org/documents/2118…

Brandon Straka's sentencing hearing is underway. One thing that's important to note about Straka's pitch of no probation — every Jan. 6 defendant sentenced so far has received some term of probation (shortest period was two months) assuming they avoided incarceration

AUSA Brittany Reed is up first, says they acknowledge he didn't go inside the Capitol and didn't physically engage with police, but says there are aggravating factors in favor of home detention, incl. inciting it via posts to his significant social following going back to Dec.

Other aggravating factors that Reed cites: Per Straka's own video from the Capitol, urging other rioters to go forward, encouraging people to take a shield from a US Capitol Police officer and observing that violent struggle

Reed is quoting from a tweet time-stamped 5:33pm that Straka posted after he'd left the Capitol urging "patriots" to "hold the line," notes another thread he posted in support of the insurrection. Friedrich has her confirm that online activity it was after he'd left

Reed is arguing specifically for probation/home detention because the govt has concerns that he could use his public platform in the future to encourage or incite violence. They agree with probation office's rec to incl. computer monitoring as a condition of probation

Friedrich says that given Straka's resources, she doesn't understand why the govt didn't ask for a fine. Reed says the govt hasn't argued for fines in the Jan. 6 cases, but agrees with presentencing report finding that he has the financial resources to pay a fine

Friedrich says she's also concerned that Straka's posts aren't advocating for specific violence to the same extent as some other Jan. 6 defendnats. Reed says govt's exhibits show it's "implicit" in what he'd posted starting in December 2020

Straka's lawyer Bilal Essayli is up, Friedrich starts by asking their position on computer monitoring if she imposes probation. He says they strongly oppose it, don't believe there's a nexus between his computer use and the crime he committed on Jan. 6

They also object to drug testing, but Friedrich notes that's a mandatory condition of probation, so Essayli drops it

Essayli argues the govt can't have it both ways, to let him plead out to a petty offense and then argue he should be held accountable for inciting the mob during the insurrection

Essayli tries to argue that Straka didn't know the full extent of what he was getting into when he came to the Capitol, Friedrich jumps in and says she doesn't buy that, given Straka's own statement to the court saying he was getting updates on the breach while he was en route

Essayli keeps getting tied up in knots with Friedrich. He started to argue that "at no point" did Straka know violence was being committed, the judge jumps in to point out that he watched/filmed/encouraged people to take a USCP officer's shield

Essayli says that Straka tweeted to denounce the violence, but Friedrich again jumps in to point out that in a video the next day he talked about it not being a big deal that people went into the Capitol and seemed to think that was a valid way to contest the election

Essayli argues the court shouldn't punish him for the extent of what happened and political speech, Friedrich says she's not going to punish him for statements, but "to be sure, his statements at the time and immediately after the Capitol event do inform his actions on that day"

Friedrich also chastizes Straka/defense for using filings to talk about security failings on Jan. 6, says that's "irrelevant" to what Straka did that day. Essayli says they brought it up because govt said riot wouldn't have happened "but for" participation of Straka

The govt has consistently made this argument across the Jan. 6 cases, saying that the totality of the mob — incl. nonviolent misdemeanor offenders — is what made the violence and more serious crimes possible

https://twitter.com/ZoeTillman/status/1485655046561972231?s=20

Essayli argues probation would create sentencing disparities because Straka's conduct was less serious than other defendants, cites case of Carey Walden, who got 3 years probation/30 days home confinement from Friedrich. Friedrich disagrees...

Friedrich: "Unlike other defendants I’ve sentenced, he was encouraging others, he was playing a very different role. He wasn’t acting unilaterally, he was acting and encouraging and condoning, and all of that in real time that I saw on the video."

Friedrich is expressing how troubled she was by a video Straka posted the day after the insurrection, says a "fair read" is he’s telling his million-plus followers that its okay to go into the Capitol to demand an "audit," he thinks that’s okay and he has a large following

Friedrich: The comments leading up and after suggest he was very much committed to this protest, and maybe not the full extent of the violence and destruction that was associated with it, but nevertheless "he seemed to buy into this notion that its okay to storm the Capitol"

Straka addresses the court, begins by saying the govt's memo describes a person who couldn't be more "dissimilar" to who he is. Says it refers to violence that took place beyond his view on Jan. 6, does not describe his character

Straka discusses early career as a performer and path to sobriety. He says his followers don't condone violence and that he's always supported law enforcement and "back the blue" (recall he admitted being on video saying "take it take it" re: rioters taking USCP officer's shield)

Straka notes fundraising for police (as @emptywheel prev. highlighted, the latest fundraiser was launched late in his case: emptywheel.net/2022/01/22/let…)

Straka apologizes for his participation in Jan. 6

After Straka finishes, Friedrich is moving right into announcing the sentence

Friedrich says it's true that Straka played a "unique" role in Jan. 6 in that he didn't go into the Capitol, didn't assault police, didn't damage property. "Even so, he clearly violated the law" going onto restricted grounds, encouraging others to go inside, take officer's shield

Friedrich: "He as well as others who were at the US Capitol on Jan. 6 have a 1st Amend. right to say and to think whatever they believe. Mr. Straka also has a 1st Amend. right to share his views with others. But trespassing on restricted grounds is not covered by the 1st Amend"

Friedrich says she finds it "deeply troubling" that Straka used his public platforms to defend what happened on Jan. 6 to his significant following. On the flip side, she says he gets credit for other good works, pleading early, expressing remorse

Friedrich says she believes supervision is important for deterrence, announces intent to order 3 years probation, 3 months home detention, community service, $5K fine. She won't order computer monitoring, saying she agrees posts weren't the same as specific calls for violence

So Straka will avoid jail (the expected outcome since the govt didn't ask for it, and Friedrich generally hasn't been inclined to order jail for the class B misdemeanor pleas) but was unsuccessful in avoiding longer-term court supervision of his activities and movements

MAGA influencer Brandon Straka was sentenced to probation + home detention for joining the Jan. 6 insurrection — at the govt's recommendation, and over Straka's objection to long-term supervision
buzzfeednews.com/article/zoetil…