At 11 a.m., Matthew Miller, of Maryland, will appear before Judge Moss to plead guilty in his case. He was indicted on six felony charges, including assaulting police with a dangerous weapon (a fire extinguisher). wusa9.com/video/news/nat…#CapitolRiot
Miller is pleading guilty to count 2 (obstruction of an official proceeding) and a lesser included charge in count 3 (assaulting police w/o the dangerous weapon enhancement). His estimated offense level will be 22.
Miller tells Judge Moss he completed two years of community college before leaving to take a job.
Miller has no significant criminal history, so an offense level of 22 will put him at a recommended sentencing range of 41-51 months.
This is the same sentencing range Scott Fairlamb faced after he pleaded guilty to the same charges. A different judge sentenced him to 41 months in prison. wusa9.com/article/news/n…
Sentencing set for May 23 at 2 p.m. It will be held in person in D.C.
Judge Moss is ordering Miller held in custody while he awaits sentencing. He'll have 14 days to self-surrender.
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Starting now we've got a status conference for three of the four Proud Boys leaders charged with conspiracy in the #CapitolRiot.
After a discovery update, Judge Kelly asks DOJ why Joe Biggs and Ethan Nordean haven't been moved to D.C. yet? Notes that he ordered the Marshals Service to transport them "forthwith" on Jan. 21. DOJ says their understanding is next transport from FL is end of the month.
Defense attorney Carmen Hernandez, who's now representing Zachary Rehl, says she hasn't been able to get confidential time with her client. She's still getting up to speed in the case after Rehl dumped Jonathon Moseley in December. wusa9.com/article/news/n…
Happening now: Motion to dismiss hearing for Kyle Fitzsimons, of Maine. Starts with Fitzsimons' attorney, Natasha Taylor-Smith, gently pointing out to Judge Contreras that he called her Natasha Taylor-Swift.
"It's a frequent occurrence," she says.
Taylor-Smith is arguing the same "official proceeding" case against the obstruction charge that has failed with other judges. At least six other judges on the D.C. District bench have already rejected it.
Here's a video of what Kyle Fitzsimons did on January 6.
At 11 a.m. today Nicole Prado, of Maryland, will appear before Judge Contreras for sentencing. The DOJ is asking for 14 days in jail and three years of probation. Defense says a year of probation is sufficient. wusa9.com/article/news/n…
In her sentencing memo, Prado says she was a Bernie-to-Trump voter whose political views moved to the right during the COVID-19 lockdowns.
Also references coming from a broken home and childhood neglect — not uncommon themes among #CapitolRiot defendants.
DOJ and defense disagree over whether Prado attempted to destroy evidence. AUSA Mona Furst says Prado removed pictures/videos from her phone and put them on a thumb drive. Defense says she eventually turned thumb drive over to DOJ.
Bradley Bennett apparently is still trying to hire a lawyer. Says he has one in mind he's hoping to bring on. Judge Boasberg is going to set another status hearing for him for two weeks out.
Elizabeth Williams is pleading guilty to one misdemeanor count of parading, demonstrating or picketing in a Capitol building. Her co-defendant, Bradley Bennett, is facing a felony charge of obstruction.
Happening now: Plea hearing for Thomas Baranyi, of NJ. Baranyi told my colleague @arianedatil he was right next to Ashli Babbitt when she was shot. "It could have been me, but she went in first," he said. He'll be pleading guilty to entering/remaining in a restricted building.
"We tore through the scaffolding, through flash bangs and tear gas, and blitzed our way in through all the chamber just trying to get into Congress or whoever we could get in to and tell them that we need some kind of investigation into this," Baranyi said.
Here's Baranyi describing the moments before Ashli Babbitt was shot: "We had stormed into the chambers inside and there was a young lady who rushed through the windows. A number of police and Secret Service were saying get down, get out of the way. She didn't heed the call..."
The sentencing for William Blauser is happening now before Judge McFadden. DOJ says probation is warranted given the factors below as well as his efforts to restrain his co-defendant, Pauline Bauer, inside the Capitol.
Blauser's attorney says he "regrets ever coming that day and getting swept up in the crowd." Says he came to D.C. with his best friend of many years, Pauline Bauer. Bauer is also charged in the case and has not pleaded guilty.
Blauser: "Your honor, I am remorseful for what I did on January 6, 2021... I'll never get into those kind of situations again. For now, my plans are to take care of my family, take care of my friends, take care of my fellow veterans to the best of my ability."