Hello from Judge Rudolph Contreras' virtual courtroom, where Jan. 6 defendant Nicole Prado is appearing for sentencing. Govt wants 14 days, highlighting evidence of her awareness of mob activity around her, how far she made it into the Capitol; she's seeking probation
Govt acknowledges in a footnote that Contreras has previously said he's not inclined to order jail for nonviolent Jan. 6 defendants during the pandemic, but they're still going to argue for it because they think it's warranted
AUSA is making the govt's standard argument for why misdemeanor cases like Prado's are so serious, telling the judge that the entirety of the mob gave cover to the people who committed violence and destroyed property
Judge Contreras is preparing to announce the sentence for Prado, says that regardless of her intentions, she contributed to the size of the crowd that overwhelmed police and made the more serious crimes committed that day possible and she needs to be held accountable for that
Contreras notes Jan. 6 was an "unprecedented confluence" of events spurred by Donald Trump and his allies, who "bear much responsibility" for what happened that day
Contreras sentences Nicole Prado to 12 months of probation, including 2 months of curfew, $742 fine + $500 restitution she agreed to in the plea deal. Govt had asked for 14 days in jail, judge cited pandemic, postpartum health issues, childcare needs, as reasons against that
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The first Jan. 6 trial is set for Feb. 28 — Guy Reffitt of Texas is accused of bringing a gun to the Capitol, and making it up steps outside before police turned him back.
Before diving in to last night's doc, a refresher on Reffitt's case and how his trial has taken shape: buzzfeednews.com/article/zoetil…
Prosecutors say they expect to call 13 witnesses:
- Four US Capitol Police witnesses, three of whom will testify they interacted w/ Reffitt. The govt has alleged that initial rounds of pepperballs, projectiles, and chemical spray didn't deter him from trying to get to the Capitol
Jan. 6 defendant Greg Rubenacker filed notice that plea negotiations with the govt fell through, and he intends to plead guilty to the full *10-count* indictment against him, which includes three felony charges s3.documentcloud.org/documents/2119…
Rubenacker's lawyer explains to the judge that the sticking points were: 1) not wanting to give up the right to contest the govt's calculation of his sentencing guidelines range 2) contending the govt should drop the obstruction count because they did so in another case
For more on why the obstruction charge is a big deal in the Jan. 6 cases and how judges so far are rebuffing legal challenges to its use: buzzfeednews.com/article/zoetil…
Another Jan. 6 defendant, Dustin Thompson, notifies the judge that he may argue as a defense at trial that he believed he had official permission from Trump — "he was acting under actual or believed public authority." Trial is set for April 11.
During pretrial detention fights last year, judges rejected the theory that a president could authorize something like the Capitol attack. Thompson's lawyer prev. filed notice in court that they planned to subpoena as witnesses Trump "and several members of his inner circle"
The issue of whether Jan. 6 defendants can use the Trump defense at trial has come up in a few other cases so far -->
Judges have repeatedly rejected legal challenges to one of the most common felonies charged in hundreds of pending Jan. 6 cases. It's a significant string of recent wins for DOJ as the investigation grinds on into its second year. buzzfeednews.com/article/zoetil…
Charging people with "obstructing an official proceeding," a felony, has been a key tool for DOJ to draw a line around the Jan. 6 cases they consider more serious — often it's paired with other felonies like assault or conspiracy, but not always buzzfeednews.com/article/zoetil…
High-profile Jan. 6 defendants + wave of misdemeanor pleas + conspiracy indictments captured public attention in the first year, but there are hundreds of felony cases pending, and the fate of legal challenges to the obstruction count has loomed over those buzzfeednews.com/article/zoetil…
New: Judges in recent weeks have repeatedly rejected legal challenges to one of the most common felonies charged in hundreds of pending Jan. 6 cases. It's a significant string of wins for DOJ as the investigation grinds on into its second year. buzzfeednews.com/article/zoetil…
Conspiracy indictments + early wave of misdemeanor pleas got a lot of attention (for good reason), but there are hundreds of felony Jan. 6 cases, and the fate of challenges to the "obstructing an official proceeding" charge has been a looming question mark buzzfeednews.com/article/zoetil…
In a string of rulings since December, judges handling these cases (of varying ideological backgrounds) have all reached the same conclusion, which is that prosecutors can go ahead with the felony obstruction charge in connection with Jan. 6 buzzfeednews.com/article/zoetil…
Hello from Judge Amit Mehta's virtual courtroom, where a status conference is getting started in the non-sedition Oath Keepers conspiracy case (Crowl et al.).
Purpose of the hearing is to talk that as of now is set for April. Mehta says the jury office is not recommending sending out a questionnaire with jury summonses, says they've had a lot of problems with that system, rec'ing summoning ppl to come in first to fill it out