Thread by @ZoeTillman

Hello from Chief Judge Beryl Howell's virtual courtroom, where a plea hearing is getting started for Jan. 6 defendant Greg Rubenacker. He's set to become the third person to plead guilty without any agreement with the government. Previously:

https://twitter.com/ZoeTillman/status/1490880954759630850

Here's the info to dial in to listen to Rubenacker's hearing, plus court rules:
dcd.uscourts.gov/covid-19-emerg…
Toll Free Number: 888-557-8511
Access Code: 3318202

Per defense filing, a sticking point in plea negotiations was over sentencing guidelines calculations — Rubenacker didn't want to accept the govt adding points for causing/threatening injury or property damage to obstruct admin of justice s3.documentcloud.org/documents/2120…

The govt has estimated his sentencing range at this point at 41-51 months, reserving the right to request an upward departure (and always with the caveat that this isn't binding on the judge): s3.documentcloud.org/documents/2120…

Howell is going through the timeline of all the conduct that Rubenacker is admitting to. Here's the govt's submission laying it all out: s3.documentcloud.org/documents/2120…

Rubenacker sort of pushes back when Howell asks him to confirm he smoked marijuana inside the Capitol. He says he didn't bring it in, so he can't confirm for sure it was marijuana vs. another CBD product. He filmed himself at the time: "Smoke out the Capitol, baby."

There is disagreement between govt and defense about a confrontation between Rubenacker and police — the stipulated facts (what they agree on) is that Rubenacker swung a water bottle at an officer, the govt contends it was specifically swung at the officer's head

Howell says she's watched the videos, and that she'll save a determination about the water bottle issue for sentencing. Rubenacker admits he then sprayed water from the bottle at officers; he was then pepper sprayed

AUSA is confirming that they made a plea offer and it was rejected. The offer was that he could plead to counts 2 & 3 of the indictment, for obstructing an official proceeding and assaulting/interfering with police, the est'd sentencing guidelines range would have been the same

Rubenacker's lawyer confirms the AUSA's description of the offer is accurate, and that they wanted to preserve his right to contest the sentencing guidelines calculation

Howell expresses skepticism at the sentencing enhancement the govt wants applied re: admin. of justice, saying the context of that generally has been judicial proceedings. But she'll consider arguments, and reminds everyone of her discretion to depart up or down from guidelines

Howell stops and asks if Rubenacker is paying attention, noting his head is down (public line is audio-only), he says he is but is experiencing a lot of anxiety and feeling upset about his actions. Howell asks if he wants a break, he says no, he wants to get this done

Howell is making clear that nothing is settled yet about his sentencing guidelines, and that the probation office will now prepare a presentencing report that includes it's own findings for the judge to consider about what the calculation should be

By not taking a deal with the govt, Rubenacker not only is keeping his right to challenge the govt's sentencing guidelines calculation, but also preserving his appeal rights

Howell has formally accepted Greg Rubenacker's guilty plea to the full indictment. Sentencing is set for May 13, no objection from the govt for Rubenacker being allowed to stay on release until then

And that's a wrap