At 11 a.m., Jason Hyland will appear before Judge Cooper to plead guilty. Hyland was part of the group, along with Jenna Ryan, that took a private plan from Texas to D.C. for the 6th. This is a misdemeanor case. #CapitolRiot
One of Hyland's co-defendants, Jenna Ryan, pleaded guilty last year and was sentenced to 60 days in jail. His other co-defendant, Katherine Schwab, is currently scheduled for trial on June 20. wusa9.com/article/news/n…
Hyland is pleading guilty to the misdemeanor parading charge. That's the same charge Jenna Ryan pleaded guilty to. Hyland, however, didn't pose next to a broken window or go on an ill-advised posting spree.
Judge Cooper accepted Jason Hyland's guilty plea to one count of parading. Sentencing in person on August 2.
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"The government has not offered a single text message from Griffin indicating his knowledge that the vice president was in the building," Nick Smith says.
Smith says the evidence shows Griffin thought the votes had already been certified before he reached the Capitol.
Smith says nothing Griffin said on January 6 satisfies the Brandenburg test (about inciteful speech). Says Griffin leading a prayer that "calmed people down" was "not just disorderly conduct, that's the antithesis of disorderly conduct."
And we're back for the second and presumably final day of Couy Griffin's bench trial. Judge McFadden will hear final arguments and then deliver his verdict.
As Judge McFadden signaled yesterday, he told prosecutors this morning he was a lot closer to a guilty verdict on the 1752(a)(1) entering and remaining charge than the 1752(a)(2) disorderly conduct charge. Tells them to focus their closing arguments there.
Judge McFadden asks prosecutor Janani Iyengar if Couy Griffin needed to know the vice president was in the building for him to find him guilty of entering a restricted area. Iyengar says that's not required.
Good morning. We're back at the federal courthouse in D.C. this week for the bench trial of "Cowboys for Trump" founder Couy Griffin. google.com/amp/s/www.wusa…
Griffin is only facing two misdemeanor counts. He's decided to go to trial to argue the Capitol was not a restricted area on January 6 because VP Pence had already been evacuated by the time he arrived. google.com/amp/s/www.wusa…
Little bit of legal wrangling this morning. Griffin's attorneys say the DOJ provided them a big batch of new discovery over the past few days. That includes ~60 video files from Griffin's videographer, Matt Struck, who will be called as a witness.
Judge McFadden denied Couy Griffin's request for an evidentiary hearing, but WILL allow him to cross-examine a USSS agent about VP Pence's whereabouts on J6.
He cites the DOJ's big (and belatedly corrected) error in saying VP-elect Harris was at the Capitol during the riot.
Judge McFadden also shot down Couy Griffin's selective prosecution argument. Points out there were thousands of people protesting/voicing the same political opinions as him there that day. Says it's "illogical" to claim the DOJ is selectively targeting him for those same beliefs.
Couy Griffin's central defense is going to be that VP Mike Pence was evacuated from the Capitol on January 6 (Capitol Police say he did NOT leave the complex) and that, therefore, the temporary restricted area was not in effect when Griffin entered the grounds.
Lucas Denney will be back in court today at 3:30 p.m. for a second attempt at pleading guilty to the one-count indictment against him. The DOJ has estimated his recommended sentencing range as high as 71 months. wusa9.com/article/news/n…
Denney briefly threw the court into disarray earlier this week when his lawyer unexpectedly said he wanted to plead guilty (to try to preempt a new indictment). Here's how pleas are supposed to play out, per Chief Judge Beryl Howell's standing order.
Lucas Denney's plea hearing should be starting any minute before Judge Moss. Defense and DOJ came up with a 3-point difference in offense level, which could add 20 months to the upper range.