Judge has sentenced Treniss Evans to 20 days jail in Capitol riot case. Feds argued Evans raised a megaphone while inside and declared “bring ‘em in”.. and drank whiskey in Congressional conference room
But his sentencing hearing.... was unlike any I've seen
(MORE)
Evans spoke at his sentencing hearing... for nearly two hours. He was admonished by court for repeating himself, for interrupting the judge and for speaking too quickly
Among his statements: "Sure, I drank a shot of my whiskey, then.... someone else's whiskey" on Jan 6
Evans used the refrain used by so many Jan 6 defendants .. saying he was "caught up in the moment"
But some of his exchanges with judge were unique. He said, after the 2020 election, the "courts failed the people.. and Congress failed the people"
Still questioning 2020
Treniss Evans leaned in hard on his political views... saying America is tired of hearing about the investigation of January 6. He said "In January, with the new Congress, there'll be new types of investigations"
(more)
Treniss Evans blamed Black Lives Matter and Antifa for violence and said he was "appalled by the violence on January 20, 2017"
He told judge: "If you give me 10 years in prison, I'm not gonna change what I saw on social media"
He hinted at a future run for Congress
(more)
Judge Dabney Friedrich countered many of Evans' arguments.
When Evans argued "The window was destroyed before I got there"...
Friedrich questioned: "But you knew the window was broken, you didn't think that was an accident, did you?"
At times Evans cut off the judge mid-sentence. When Evans said "How would we have known the (Capitol) was restricted?" on Jan 6...
The judge responded: "Well there were alarms blaring!"
Evans complained of a "two-tiered" justice system, referenced comments by Rep. Louie Gohmert (R-TX).. hinted at a future political run some more
Several times Evans alleged police were taking selfies & exchanging hugs with people in the mob
Evans said, several times, that he drove "1500 miles" to get to DC on Jan 6, after having canvassed in Georgia. He said there was never violence at the "Stop the Steal" rallies he'd attended. And said he sang the national anthem 5-7 times aloud in DC on Jan 6
(more)
At one point of Evans' remarks, the judge responded: "What you say doesn't ring true"
After the lengthy, at times political, remarks.. Treniss Evans was unable to avoid a jail sentence. 20 days jail, $5000 fine, 3-years probation
The Justice Dept was seeking 60-days jail. So this strategy didn’t noticeably hurt Evans
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FLASH: Judge rules James Comey criminal case is dismissed without prejudice. Judge determined the US Attorney Lindsey Halligan was not lawfully appointed
"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside."
From the judge: "The Attorney General’s authority to appoint an interim U.S. Attorney lasts for a total of 120 days from the date she first invokes section 546 after the departure of a Senate-confirmed U.S. Attorney. If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the district court"
ALERT: James Comey files another motion to dismiss criminal case, citing issues with grand jury presentation by US Atty Lindsey Halligan
"The government has thus committed a series of flagrant legal violations. And the government’s misconduct has threatened Mr. Comey’s liberty—even though Mr. Comey should be experiencing the peace of an expired statute of limitations"
The new 29-page motion by James Comey to dismiss his criminal case includes this header:
"THE INDICTMENT SHOULD BE DISMISSED WITH PREJUDICE BASED ON MISCONDUCT BEFORE THE GRAND JURY"
James Comey's new motion to dismiss (MORE): "A grand jury may indict only if at least 12 jurors concur.' But here, at least 12 jurors did not concur in the only indictment presented to the grand jury."
Three sources familiar with the matter tell CBS News federal investigators are questioning the handling of the investigation into California Senator Adam Schiff
(MORE)
Christine Bish, a California Republican who filed an initial tip w/ the feds about Schiff’s mortgage documentation, told CBS News she was questioned by federal agents today and was asked about Bill Pulte, the Trump-appointed head of the Federal Housing Finance Agency
(MORE)
Christine Bish characterized the interview to CBS News. She said, “They weren't asking me about Schiff. They were asking me about other people who were investigating Schiff."
NEW: James Comey files additional argument to get criminal case dismissed as "vindictive prosecution":
"The indictment in this case is unique in American history: it is the product of a yearslong campaign by the President of the United States to punish a citizen for protected speech. Mr. Comey has exercised his right to engage in public discourse critical of the President"
(MORE) James Comey's argument for dismissal of criminal case: "The President’s calls for prosecution do not rest on evidence, investigation, or recommendations. Rather, they express pure vengeful animus to punish a perceived political adversary. And the President managed to achieve his retaliatory goal only by installing a White House aide as U.S. Attorney"
(MORE) James Comey's new filing seeking dismissal of criminal case: "Not only does President Trump have the ultimate power to cause a prosecution, but the sequence of events that led to Mr. Comey’s prosecution leaves no doubt that he exercised that power here. After forcing out the incumbent United States Attorney, Erik Siebert, because of his reticence to bring this and other cases against the President’s perceived political enemies, the President posted on social media a message to the Attorney General excoriating her for failing to prosecute those enemies"
Good morning from the 6th floor of the DC federal courthouse... where it appears Sean Dunn (so-called "sandwich guy") will NOT testify in his own defense ....
HERE WE GO: Defense in "sandwich guy" case begins its presentation to court by....
asking the judge to dismiss the case "Judgment of acquittal" ... citing rule 29