Sentencing hearing underway for QAnoner Nicholas Languerand, who repeatedly assaulted cops at the Capitol and claims he feels "lied to and betrayed" by leaders he respected.
Judge John Bates finds that 46 months in prison is the bottom of the advisory sentencing guideline.
"People who engage in terrorism always think they're in the right," federal prosecutor tells the judge.
DOJ quotes Languerand: “If you are ok with fraudulently certifying an election to win, then I’m ok with attacking a government building to stop you”
DOJ prosecutor once again says Languerand committed "an act of terrorism," and says the court shouldn't credit his "11th hour" change of heart now that he's facing the consequences of his actions.
DOJ prosecutor cites the sentencing of Robert Scott Palmer, who received the longest sentence in any Jan. 6 case. DOJ notes that Palmer pleaded guilty early.
"I did follow QAnon, and I took pride in the fact that QAnon was not something violent," Nicholas Languerand tells the court. Regrets that he represented his community in a very poor way.
"I did watch what was happening and I did choose to engage in it," he said.
Languerand says he's only now begun to understand the level of harm from Jan. 6. Says he's still a patriot, but recognizes that he made a mistake.
Judge will give Languerand a sentence towards the bottom end of the sentencing guidelines, he says. He factors in Languerand's "unusually difficult childhood" and his "regret that borders on, or is, remorse."
NEW: 44 months in federal prison for Languerand.
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Officer Jeffrey Smith died by suicide just days after the Capitol attack. Now, thanks to his body camera video, we know much more about all that he went through on Jan. 6. Watch: huffpost.com/entry/jeffrey-…
A D.C. resident was stressed after the Jan. 6 attack, so she visited her chiropractor a few blocks from the Capitol. Here’s what happened next: huffpost.com/entry/jeffrey-…
Hours after the initial melee inside the Capitol building involving the Capitol Hill chiropractor, Officer Jeffrey Smith was struck by a metal pole outside the Capitol. Here’s the view from his body camera just after that attack: huffpost.com/entry/jeffrey-…
"The evidence shows Defendant orchestrated a large-scale attack on the federal government with the purpose of intimidating, by violence, federal officials and disrupting official governmental proceedings incident to the transfer of power…”
"Defendant’s authoritative role in the conspiracy, access to substantial weaponry, and ability to finance any future insurrection, combined with his continued advocacy for violence against the federal government, gives rise to a credible threat…”
"Here, the Court is not faced with a peaceable assembly and petitioning, as Defendant’s extraordinary actions and the ripple effects that followed are outside the bounds of protected activities.”
NEW: Virginia’s Markus Maly (at right) arrested and charged with spraying officers at the Capitol.
"Online sleuths identified this subject as #JohnSprayne."
“There were lots of pissed off patrios there and we wanted our voices to be heard. I myself one [sic] of them. We were there to support President Trump and the voting process. A voting process that was hijacked and stolen from us.” justice.gov/usao-dc/press-…
"I did have a riot shield but half way back to the bus a cop say [sic] me and took it from me.”
As we wait on a federal magistrate judge in Texas to rule on whether Oath Keepers founder Elmer Stewart Rhodes III should be released pretrial in his seditious conspiracy case, here's some new reporting on his proposed custodians in California. (THREAD)
As @joshgerstein reported, a family member identified in court only as Benjamin told the judge that he had no connections to the Oath Keepers or the Capitol riot.
DOJ’s sentencing memo cites Caplinger’s quote tweet of @haleytalbotnbc in July in which Caplinger called members of Congress huddled in the balcony during the Capitol attack "worthless cowards.”
The Capitol rioter in the purple hat who flings the officer to the ground here so the mob can storm the Capitol is no. 166 on the FBI's Capitol Violence page, and known to sleuths as #smokyinsider.