Thread by @ZoeTillman

Hello from Judge Reggie Walton's virtual courtroom, where sentencing is underway for Jan. 6 defendant Jeffrey "Alex" Smith. Govt had asked for 5 mos incarceration for parading plea, arguing his more active role in aiding the mob, confronting police set him apart

Today's hearing is a continuation of a sentencing that started in February — Walton indicated he thought 90 days incarceration + probation would be appropriate, and parties filed briefs on whether split sentences were allowed for petty offenses s3.documentcloud.org/documents/2140…

Given how many Jan. 6 defendants have pleaded to the parading petty offense, the question of split sentences has been an important one as judges figure out what their options are at sentencing and whether they can keep defendants under longer-term probation plus short jail term

Here's the dial-in info to listen to the hearing before Walton, plus court rules:
dcd.uscourts.gov/covid-19-emerg…
Toll Free Number: 888-273-3658
Access Code: 1809972

There are dueling opinions on the issue so far, with Judge Colleen Kollar-Kotelly saying no to split sentences (prosecutors are appealing) and Judge Royce Lamberth saying yes, Walton says he thinks Lamberth is more persuasive (and looks forward to the DC Circuit weighing in)

Walton says he's given probation to some Jan. 6 defendants who just walked into the Capitol (though he says that was serious in its own way), "but Mr. Smith did more than that," noting the evidence of how he tried to clear the way for the mob to get into the Rotunda

Walton asks Smith if he wants to say anything else: "I'm just going to miss my kids. I understand what I did was wrong. I'm willing to pay for it. I know what I did was wrong and I know I need to do my time for it. I'm just going to miss my kids, that's all."

Walton: "It is unfortunate b/c fathers are important in the lives of children and I appreciate that. But there have to be consequences for what people do. Especially something of this magnitude."

He notes Smith took steps to delete video/photos, tried to minimize involvement

Walton on need to send a message so supporters of whatever political party loses don't feel empowered to do something similar: "If one side’s not willing to accept the reality of an election then we are are really headed down a road where we’re going to see our democracy die"

Walton sentences Smith to 90 days incarceration, 24 months probation, 200 hours community service (what he'd prev. indicated he planned to do)