BREAKING: The DOJ has filed its sentencing memo asking a judge to order Guy Reffitt — the first J6 defendant convicted at trial — to serve 15 years in prison. They argue his actions warrant a terrorism enhancement. Link: storage.courtlistener.com/recap/gov.usco…
The PSR estimated Guy Reffitt's sentencing guideline range at 9-11.25 years. That would already give him, by far, the longest sentence to date. But DOJ argues his sentence should be much higher. One reason: An illegal silencer found at his house.
Another reason? The DOJ says on at least two occasions, Guy Reffitt allegedly placed the barrel of his gun against his wife's head— and fired it near her head on one of those. Reffitt's wife has written a letter to the judge asking for leniency.
Here's the letter Jodi Reffitt, Guy Reffitt's wife, submitted to Judge Friedrich. In it she says the family "needs Guy home to fully heal."
Guy Reffitt's younger daughter Peyton, who was initially supposed to testify as a DOJ witness at his trial, also wrote a letter. In it, she called her father a "beam of light" for the family and talked about how his personality was perfectly suited for Trump to take advantage of.
FULL STORY: The DOJ says Guy Reffitt — the Texas Three Percenter who was the first J6 defendant to go to trial — should spend 15 years in prison. They argue his conduct warrants the first terrorism enhancement in a #CapitolRiot case. wusa9.com/article/news/n…
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This hearing has gotten a slow start as Judge Reyes presses both sides to establish some agreed facts. For one, she asks DOJ attorney if the plaintiffs are all fit to serve:
“We don’t dispute that they are all physically and mentally fit to serve under the current policy.”
Judge Reyes: "If we had President Trump here right now, and I asked, ‘Is this a transgender ban?’ What do you think he would say?”
DOJ attorney Jason Lynch: "I have no idea your honor."
Reyes: “I do. He’d say, ‘Of course it is.’ Because he calls it a transgender ban.”
Judge Reyes isn't satisfied with either side's definition of transgender. She says the plaintiffs' is too narrow and runs into the same problems as the Doe 2 v. Trump case from the 2017 transgender ban.
Government's definition she says is too broad and ill-defined.
Changing gears a bit, at 3 p.m. there's now a hearing on a lawsuit filed last night by the foreign service workers union seeking to halt the Trump administration's wholesale dismantling of USAID, which they say has generated a "global humanitarian crisis."
The hearing is getting started. On the government's side is Brett Schumate, the acting assistant attorney general heading up the DOJ's Civil Division.
Schumate says the Trump administration is "unwilling to alter their current plans."
Trump's order pardoned people *convicted* of crimes related to Jan. 6.
Defendants still awaiting trial or sentencing -- the vast majority at the jail -- have not been pardoned. Trump ordered their cases dismissed. That's not going to happen at 11 p.m. on a federal holiday.
The two people apparently released from the jail tonight, the Valentin brothers of Pennsylvania, were sentenced on Friday. Thus, pardoned and released. wusa9.com/article/news/n…
The confusion is understandable. Pardoning is something the president can do by fiat. Dismissing a federal case requires a U.S attorney to file a motion with the presiding judge, who then must grant the motion and order the defendant's release.
STARTING NOW: Rudy Giuliani is back in federal court in D.C. as a judge hears arguments about whether he should be held in contempt for allegedly resuming defamatory statements against two former Georgia election workers. wusa9.com/article/news/p…
Judge Beryl A. Howell starts off by saying she'd hoped, after sitting through the civil trial and agreeing to a consent agreement, Giuliani would "stop saying such fabricated lies. Especially publicly."
Ruby Freeman's and Shaye Moss's attorney, Michael Gottlieb, says it's "implausible" that Giuliani was talking about anyone other than his clients on his podcast.
"Mr. Giuliani knew exactly what he was doing in making these statements," Gottlieb says.
BREAKING: In an apparent first, the DOJ says it will GO TO TRIAL on the newly narrowed Jan. 6 obstruction count.
Federal prosecutors say they believe their case against an Ohio couple can hold up even after the Supreme Court's ruling. wusa9.com/article/news/n…
The DOJ says it will prove Donald & Shawndale Chilcoat intended to obstruct Congress and "critically, they were aware that his proceeding involved records, documents, or other things — specifically the electoral votes that Congress was to consider." wusa9.com/article/news/n…
It's unclear whether Judge Kollar-Kotelly will agree the DOJ's evidence is enough to sustain the charge, or if it will hold up on review before the D.C. Circuit.
But, the DOJ's outline does align closely with how Justice Jackson said it *might* be done. wusa9.com/article/news/n…
NEW: I spoke with anti-abortion activist Lauren Handy's attorney about the plans for appeal as she begins serving her 4-year sentence.
They're aiming for acquittal, sure, but also something bigger: A long-awaited chance to get the FACE act before SCOTUS. wusa9.com/article/news/c…
Attorneys from the anti-abortion law firm the Thomas More Society hope Handy's case — plus two others in Tennessee and Michigan — will convince SCOTUS to do something it's never done before: hear an appeal on the constitutionality of the FACE Act. wusa9.com/article/news/c…
The FACE Act is the 1994 law that protects access to clinic and church entrances and makes it a federal felony to use force or obstruction to injure, interfere with or intimidate a person attempting to access reproductive health services. wusa9.com/article/news/c…