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
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.
There you go. Base offense level of 10 minus 2 levels for acceptance of responsibility. That puts Griswold at an offense level of 8, which, since he has no criminal history, has a recommended sentencing range of 0-6 months.
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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.
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.
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."
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.
"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.