Coming up next, at 11 a.m., Bryan Ivey, of Tennessee, will be before Judge Cooper for sentencing. Prosecutors say he was right next to Proud Boy Dominic Pezzola when he breached the Capitol. He then helped others enter through a door. They want him to serve 14 days in jail.
Judge Cooper says he's reviewed the case law and the decisions by Judges Lamberth and Kollar-Kotelly and he's not going to impose split sentences for petty misdemeanor cases until the D.C. Circuit rules on it.
AUSA Leslie Goemaat says Bryan Ivey led the mob into the Capitol through the broken window. They say he was the 14th person to enter the building on Jan. 6.
Ivey has claimed he was trying to stop people from breaking the window into the Capitol, but there's no video showing that. He also claimed he was not waiving people in, but trying to get out. He spent 35 minutes inside the building.
Goemaat says there are no after-the-fact statements from Ivey, unlike many other defendants. She says he wasn't exactly remorseful in his FBI interview, but he did describe the riot as a chaotic scene he was trying to get out of.
"After watching the Capitol violently breached with a riot shield, he chose to proceed with this incredibly transgressive act of entering through the window," Goemaat says about Bryan Ivey.
AUSA Goemaat says Bryan Ivey was one of the first 10 #CapitolRiot defendants to plead guilty, although his sentencing has been quite delayed. She says that speaks to his genuine remorse.
The DOJ says if Judge Cooper won't give a split sentence, they want him to order Bryan Ivey to serve 14 days intermittently in the custody of the Bureau of Prisons as a condition of probation. Pretrial services says BOP isn't onboard because of the ongoing COVID-19 pandemic.
Ivey's attorney, Robert David Baker, says he was prone to "conspiratorial thinking" at the time on Jan. 6. He thought "the powers that be" were trying to remove Trump.
Baker says Ivey had previously sought mental health treatment through an employer because of some "strange ideas" he'd been voicing and paranoid thinking. But he didn't continue that treatment. He resumed after Jan. 6.
Baker says "certain media outlets have bombarded the public with the idea that this election was stolen."
Bryan Ivey: "I broke the law when I entered that window, and I'm sorry. I didn't understand at the time the magnitude of what I was getting myself into."
Bryan Ivey: "I genuinely believed, in every fiber of my being, that there was a global secret state that was plotting to kill off the majority of the human population."
Bryan Ivey: "I can guarantee the court I won't ever be involved in something like this again. I'm taking the steps and doing the work to make sure it won't ever happen."
Judge Cooper: "I don't punish people for what they believe, but it's clear to me the beliefs that brought you to D.C. were very destructive and dangerous." Encourages him to continue seeking mental health and substance abuse treatment.
🚨 SENTENCE: Bryan Wayne Ivey, of Tennessee, sentenced to 36 months of probation, including 60 days home detention, by Judge Christopher Cooper. Ivey will have to submit to regular drug testing & mental health treatment. He will also have to pay $500 in restitution. #CapitolRiot
Judge Cooper is also ordering Bryan Ivey to appear for a probation status hearing in 12 months so he can check in on him. He encourages Ivey to try to put this behind him and to continue to "keep your head down."

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More from @JordanOnRecord

Mar 30
At 2 p.m., Andrew Griswold, of Florida, will be before Judge Cooper for a change of plea hearing. He was indicted on six counts, including felony obstruction of an official proceeding. #CapitolRiot Image
Griswold is pleading guilty to one felony count of civil disorder. Attorneys estimated David Alan Blair, who pleaded guilty to civil disorder yesterday, would face 8-14 months in prison. wusa9.com/article/news/n…
However, DOJ says Griswold will face an estimated sentencing guideline of 0-6 months in this case. Not sure how a felony winds up with that recommended sentence, but the calculation should be in the plea agreement filed later today.
Read 4 tweets
Mar 30
Florida P.E. teacher/football coach Kenneth Reda appearing for sentencing now before Judge Hogan. Says he's normally a "free thinker." Hopes his teaching certificate will be reinstated so he can resume working.
Reda was a big Parler user who used the site to encourage others to travel to D.C. on January 6.

Judge Hogan compares the rabid energy on J6 to lynch mobs. But also says he weighs the fact that Reda lost his job as a teacher after his arrest.
Reda says he's been retraining to work in real estate, which he did earlier in his career. However a recent minor stroke has delayed that.

Judge Hogan says he gives his attorney credit for not trying to play the stroke up for leniency.
Read 4 tweets
Mar 29
Coming up at 11 a.m., David Alan Blair will appear to enter a guilty plea. He was indicted for multiple felonies, including assaulting police w/ a lacrosse stick adorned with a Confederate flag. He was scheduled to start trial in early May. #CapitolRiot
David Alan Blair will be pleading guilty to count 2 of the indictment against him: interfering with a police officer during civil disorder. It's a felony with a maximum sentence of 5 years in prison.
In addition to the lacrosse stick, Blair had a knife in his backpack that was discovered while he was being processed post-arrest. He told police he brought it to the Capitol because he was worried about "antifa."
Read 5 tweets
Mar 28
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.
Read 4 tweets
Mar 22
"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."
Read 25 tweets
Mar 22
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.
Read 19 tweets

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