Sentencing is beginning in Jan 6 case of Audrey Southard-Rumsey
Prosecutors will ask for 6 years prison, arguing she went on "violent rampage" in Capitol. And they say, while carrying a pole, she was a "principal agitator" in the mob -- and called "for a 1776-style revolution"
Prosecutor argues Southard “led the mob toward the House Chamber” on Jan 6
“She was directly terrorizing Congress”
Prosecutor argues against the type of “caught up in the moment” defense that’s frequently invoked by Jan 6 defendants
Asst US Attorney says Southard “worked on a revolutionary manifesto”
Prosecutor says Southard sought to “install Donald Trump as President”
Defense attorney argues Southard was “very upset & very agitated”…. “Although she had a very big mouth, (Southard) didn’t have the actions of someone trying to influence” Congress
Defense says Southard didn’t carry firearm or terrorize
Defense says it was “a perfect storm that day”
On Jan 6
A unique variant of the “caught up in the moment” defense commonly invoked by Jan 6 defendants
Prosecutor: “She can believe what she wants, but she can’t go on a violent rampage because of that”
Prosecutor concludes: “It’s wrong to use violence to achieve political goals, no matter how right you think you are”
Southard’s defense makes final argument next
Defense echoes so many other Jan 6 defense attorneys by saying:
Southard “is done protesting… she lost her job, she’s received a lot of negativity” after the arrest
Defense, in an emphatic tone of voice, says Trump’s call to gather in DC ahead of Jan 6 and his “will be wild” statement were……. “outrageous”
Defense says Southard, 54, has had health conditions and “won’t be able to handle prison well because of her physical conditions”
Seeking leniency
Standby. Southard — who’s facing prospect and recommendation of six year prison term - will speak soon
Never seen anything like this … in any Jan 6 hearing. Southard is unleashing a list of grievances. She’s thrown away her written remarks, ignored her lawyer’s warning, is glaring periodically at prosecutors and has launched into something of a tirade
Standby
OK. A lot to unpack here. Potentially the most self-destructive thing I’ve seen in the 1000+ Jan 6 cases so far
Southard walked to podium clutching a paper with her written statement. She tossed it aside and says to judge “I wanted to tell you exactly what you want to hear, but I won’t. I won’t lie. There were vicious lies about me”… and she glares toward prosecutor
She glared a second time at Assistant US Attorney and says “nobody knows me”
Southard meanders through a series of points about hating strong smells, loving the paintings inside the Capitol… and being a particularly “fast walker”
She looks back at judge Amit Mehta and says “I want to tell the truth, I don’t care what happens”
Southard: “My whole dream of my life has been taken, because people have different politics than mine”
She then says Antifa was filming her on Jan 6
She then points at a police officer in the courtroom (an officer whom she allegedly saw on Jan 6)
She says points again at officer, calls him “the blonde one” and says “he was terrified”
The judge has ordered Southard to stop turning toward — and pointing at — others in courtroom
A US Marshal moved up next to Southard at podium. Right behind her as she continues speaking
Southard unleashes a series of political complaints:
“I’m terrified about what’s happening in our country”
She complains about the cost of gas and groceries
Southard then, in defiance of the allegations presented by Justice Dept says:
“I didn’t push the police officer, he pushed against me”
Southard: “I have grievances, since they don’t listen to us at the polling place”
“They don’t listen to us little people in the regular world”
Southard says “Washington DC destroys our lives”
About her defense attorney’s pledge to judge that Southard won’t protest in future, Southard says “I won’t protest because I’ll be in prison”
“Why protest? You guys don’t listen”
Southard: “I’m ashamed of this country”
Defense attorney has stepped back over to seek to calm or redirect Southard. Didn’t work
Southard to judge.. after again looking back at others in courtroom:
“When you decide to throw me in prison for doing my duty…. Think of what I now have to give up”
At her defense attorney’s urging, Southard wraps up.
“It’s not fair. It’s not right”
Judge Mehta calls for 15 min recess before announcing sentence
But…….
Asst US Attorney immediately stands to tell judge the Dept of Justice is no longer agreeing to a reduction in sentence for Ms Southard for “acceptance of responsibility”
The possible sentence recommendation just grew. Because of Southard’s words.
Standing by now for judge
Whoa
Judge adds terror enhancement in case
Feds had sought 6 years prison
New guidelines are now closer to 10 years
Judge is now quoting some of the most onerous words allegedly uttered by Southard on Jan 6,
“Pence is a traitor”
“Pelosi you socialist c***”
“Pelosi, we’re coming for that b***, traitorous c****”
She’s shaking her head as judge speaks. He notices
Judge You terrorized members of Congress, including those who believe the things you do
Judge slams Southard and other Jan 6 defendants for cloaking themselves “in patriotism”
DOJ will now ask she be sent directly to jail
FLASH: Judge sentences Audrey Southard-Rumsey to 6 years prison
Per defense attorney, it was a one-point terror enhancement
Judge Mehta: “The county you claim is oppressing you is giving you all .. the due process”
Southard comes out of courtroom and says to us: “Now you’ve got a real story!”
I asked Southard if she’d like to explain her remarks in court or what happened.
She looks and says “You’re a bunch of f**** liars. You should be ashamed of yourselves. You’re why we are in this mess”
Judge Amit Mehta paused for awhile when asked by prosecutors to order Southard jailed immediately. And he decided not to do so. He will allow her to self-surrender. Under release conditions
No estimate yet when Southard will report to prison.
She unleashed a series of vulgarities at reporters after hearing
! Just filed to @CBSNews about an outburst and episode unlike any other among the 1,000+ Jan. 6 cases
FLASH: Law firm Jenner and Block sues Trump Administration over executive order targeting the firm
They allege order is unlawful and a violation of first amendment
Jenner and Block:
“Order threatens not only Jenner, but also its clients and the legal system itself. Our Constitution, top to bottom, forbids attempts by the government to punish citizens and lawyers based on the clients they represent, the positions they advocate, the opinions they voice, and the people with whom they associate.”
Jenner and Block (more):
“These orders send a clear message to the legal profession: Cease certain representations adverse to the government and renounce the Administration’s critics—or suffer the consequences. The orders also attempt to pressure businesses and individuals to question or even abandon their associations with their chosen counsel,
and to chill bringing legal challenges at all.”
Chief Judge James Boasberg says the Justice Dept was late and evasive with its filing today, answering his questions about last weekend's deportation flight of alleged Venezuelan gang members
New deadlines set... *and* there's a hearing TOMORROW at 230pm
According to Judge Boasberg's order moments ago: The Dept of Justice had an acting ICE field officer argue "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court’s order. Doing so is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be undertaken in just 24 hours.”
Judge James Boasberg is pretty blunt in his response to today's argument from the Justice Dept:
President Biden issues pre-emptive pardons to "General Mark A. Milley, Anthony S. Fauci, the Members of Congress and staff who served on the Select Committee, and the U.S. Capitol and D.C. Metropolitan police officers who testified before the Select Committee"
(MORE)
President Biden statement: "The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country"
President Biden (MORE): "The Select Committee fulfilled this mission with integrity and a commitment to discovering the truth. Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions"
Notable excerpts from Special Counsel Jack Smith’s letter to Justice Dept accompanying final report on Trump 2020 election conspiracy case:
“While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters. I believe the example our team set for others to fight for justice without regard for the personal costs matters. The facts, as we uncovered them in our investigation and as set forth in my Report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the Department and to our country”
Jack Smith letter (more):
“And to all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable”
Jack Smith letter to Justice Dept (more):
“It is equally important for me to make clear that nobody within the Department of Justice ever sought to interfere with, or improperly influence, my prosecutorial decision making”