STANDBY: Justice Dept will seek 70 months in prison in Capitol riot case of Jeffrey Brown, arguing Brown sprayed orange liquid at police and joined the "heave-ho" attack in tunnel on Jan 6
Prosecutor opened sentencing argument by saying “anything less than 70 months” in prison “would send the wrong message” in Jan 6 case of Jeffrey Brown. And he slams defense claim Brown had a “misguided curiosity” on Jan 6
Prosecutor says Brown was part of a “coordinated heave-ho” against police. “The Political and emotional damage” is incalculable, prosecutor says.
And he says Brown has managed to raise $27,000+ on-line from “this crime”
Brown is in orange jail jumpsuit at defense table. With a group of supporters in courtroom watching.
Defense argues Brown, 56, has no criminal history
Defense says Brown lost his job and his freedoms and is “removed from family and friends”… as he makes argument for leniency
Judge is questioning defense about Brown’s claim on fundraising website about being a “political prisoner”
Defense responds by citing “unhealthy environment” of DC jail where other Jan 6 defendants are held
Judge asks if defense is seeking too lenient a sentence considering this case alleged assault against police
Jeff Brown speaks now. Seeking leniency. He invokes a common refrain among Jan 6 defendants. He says he “was caught up in the moment”
Then … he uses the same phrase two additional times
He asks judge Amit Mehta to “see through the political fog and send me home with my family”
Brown makes extended argument alleging bias in the media .. and a lack of alternative sources of media about the Jan 6 defendants and cases
Jeffrey Brown, seeking the mercy of court, then asks judge:
“When is a riot… a riot?”
He draws equivalencies to summer 2020 unrest and says Jan 6 riot was “highly politicized”
He says Jan 6 defendants are unfairly “labeled” extremists.
Brown invokes the name of President Biden. Saying the President just declared for re-election three days ago.. and is among those “unfairly labeling us”
Then he makes another “caught up in the moment” reference
He cites financial losses due to legal fees and incarceration
Judge Amit Mehta calls brief recess. And will return with sentence for Jeffrey Scott Brown
Standby …
Judge Mehta: January 6 set us back as a country
Judge notes Brown’s lack of criminal history, then says “lives can change in minutes”… “that effect is multiplied when you’re one of thousands” in a riot.
Judge responds to Brown’s equivalency of Jan 6 and summer 2020
Judge says Jan 6 “was a riot.. make no mistake .. there was hand-to-hand combat…” and injuries
Then judge emphasizes to Brown: “And you joined in that riot”
Judge says comparisons of Jan 6 to summer 2020 are a “false equivalency” .. in part because January 6 was a threat to a “fundamental democratic tradition and the peaceful transfer of power”
Judge Mehta tells Jeff Brown “You’re not being prosecuted because of your politics… not because of Donald Trump”
He tells Brown “that’s not why the jury convicted you”
Judge says Jan 6 “shows the power and sway of misinformation”
Judge says to Brown “I can’t send you home”
And judge adds “until January 6th .. we accepted elections” in America
FLASH: Judge sentences Jeffrey Brown to 54 months prison
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Sentencing in Jan 6 case of former Army Reservist John Nassif, who's accused of acting "as a leader" amid the mob at Capitol, "encouraging others to engage in criminal behavior"
Feds seek 21-months prison, arguing "he yelled to
the crowd behind him, “Keep fighting”
Prosecutor emphasizes argument that Nassif encouraged mob on Jan 6. She says Nassif said “keep fighting” and waved people in
Prosecutor argues Nassif “helped to throw fuel on the fire”
ALERT: Court is in session for Day 1 of $1.6 billion defamation trial of Dominion Voting Systems vs. FOX News
Jury selection process is about to resume
There will be *objections* from attorneys to some of the slides that are planned to be exhibited during opening statements today. Likely ahead of the statements.
Nevertheless, we're underway with the completion of jury selection
Courtroom (which is roughly the size of a middle school cafeteria) is at capacity. Approx 200 people in the wooden benches for spectators
Jury box has 24 tall leather chairs. There are 3 rows of 3 chairs for each legal team. As is custom, the plaintiffs are closer to jury box
NEW: Feds to seek longest prison sentence in ANY Capitol riot case so far
24 years prison & $71,000+ fine for Pete Schwartz of Pennsylvania, accusing him of series of violent Jan 6 acts & calling him "felon who has racked up numerous convictions for drugs, weapons &violence"
Justice Dept argues Schwartz "stole chemical munitions, including pepper spray.. left behind by the fleeing officers and used that pepper spray as a weapon to attack those same officers as they desperately tried to escape"
According to Justice Dept sentencing memo, Schwartz assaulted group of police officers.. then "Schwartz did not back down. He then joined the larger mob inside of the tunnel in attempting to push through the police line and into the Capitol Building"
NEW: Delaware judge Eric Davis just took the bench and confirmed the one-day delay in Dominion v. Fox News defamation trial. Davis said it was his decision. “This is not unusual,” he said. No mention or intimation of settlement talks
Jury selection resumes Tuesday at 9am
Judge Davis said he told prospective jurors to go back home and instructed them “not to research” the case
Back to complete jury selection tomorrow at 9am
Judge called the two attorneys aside for a brief, inaudible sidebar.
Only one Delaware-based attorney for each side appeared in courtroom this morning. The rest of the legal teams were absent from courthouse
Standby. Sentencing is beginning in Capitol riot case of Patrick McCaughey, who was accused of stealing riot shield and crushing officer Daniel Hodges in doorway and then beating another. Justice Dept to seek approx *15 years* prison
Officer Hodges will speak at hearing.
Judge is Trevor McFadden
McCaughey is in orange jail jumpsuit. He’s been in jail pending sentencing