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
Some interesting exchanges at House Subcommittee on Weaponization of Federal Govt hearing just now .. into Biden Administration efforts to combat COVID misinformation and conspiracy theories...
At outset of hearing, one House Democrat called for the disbanding of the committee, "It is safe to say this effort is not even in the same league as the January 6th Committee"
(MORE)
House Republicans, led by Rep. Jim Jordan (R-OH) accused the Biden Administration of using "bias" seeking to kick people off of Facebook and "censorship" as Admin. countered COVID claims on social media
(MORE)
Biden Administration COVID advisor Andy Slavitt argued about the successes of the President in responding to COVID pandemic:
"The number of COVID deaths were reduced over the 139 days of my tenure by 90%, from over 4000 on day 1 to 400—the lowest since the pandemic began. By June 2021, COVID-19 had dropped from the top cause of deaths to the 7th"
Scorching criticisms of Supreme Court handling of Trump "presidential immunity" argument from Rep. Zoe Lofgren (D-CA), a Jan 6 Select Cmte member, on MSNBC
"Rather than decide the case before them, they are going off on tangents that will lead to further delay"
(MORE)
Rep. Lofgren (D-CA): "It can't be in our system that a president who tried to overturn the government to stay in power will not be tried before the next election. This is really outrageous."
Rep. Lofgren (more) to MSNBC: "He has indicated an intention to be dictator on day one. He said that he intends to.. terminate parts of the constitution. He doesn't intend to live under the rule of law. He is a grave threat to the constitutional order. It looks like his partners in crime will be the Supreme Court"
STAND BY: I'll be in studio for our @CBSNews special coverage of the Supreme Court arguments on Trump's claim of "presidential immunity" in the 2020 election conspiracy case
It's worth noting: "Presidential Immunity" is just one of the claims Trump made to disrupt the Special Counsel's prosecution for election subversion and Trump's ties to the Jan 6 attack on the U.S. Capitol
(more)
1 - Trump's defense *unsuccessfully* sought for Judge Tanya Chutkan to recuse herself, arguing she'd made statements alluding to Trump in her other Jan 6 cases
Including when she said one particular Capitol rioter had a: "blind loyalty to one person who, by the way, remains free to this day.”
HEADS UP: Sentencing is beginning now in high-level Capitol riot case of Andrew Taake
He was accused of brandishing metal whip against police… and of assaulting police with chemical spray and causing injuries
(More)
Judge Carl Nichols has just read an excerpt from a police officer’s victim impact statement. Officer said he/she was “immediately blinded” by the chem spray… and that it felt “like living death”.. and officer struck head on scaffolding after being sprayed
Taake sits at defense table in orange jail jumpsuit scribbling notes as defense attorney argues over sentencing guidelines. He’ll address court later.
Ahead of today's sentencing of Jan 6 misdemeanor defendant Kimberly Dragoo, feds note post-arrest statements:
"Once Kimberly’s federal charges were unsealed and reported on by a local news organization, she reposted the news alert and commented that “No charges have been filed!!!"
They say she also wrote to local school board to say she was "innocent until proven guilty"... two months *after* she pleaded guilty
Hoo boy. This hearing didn't go quietly. A set of arguments and proclamations unlike I've heard in other Jan 6 cases
Stand by
Kim & Steve Dragoo of Missouri pleaded guilty to misdemeanor parading charge. They entered Capitol *twice* amid the mob, which often captures the attention of Justice Dept & judges
Their defense lawyer is a familiar name: Bruce Castor, who represented Donald Trump at impeachment
"They loaded up a van with weapons and traveled across the country with the single-minded purpose to obstruct the certification of the Electoral College results"
Feds seek 8-years prison for Jan 6 defendants linked to 3-%ers, found guilty of conspiracy
MORE: Justice Dept seeks 8-years prison for Erik Warner, Derek Kinnison & Ronald Mele
78 months prison for Felipe Martinez
"On Jan 6.. wearing tactical gear & carrying weapons, they knowingly, voluntarily & enthusiastically joined forces with others in forming a mob that accomplished their goal—for a time"
Notable that the feds include some pre-Jan 6 messages from group
"On December 25, 2020, Kinnison messaged the group, invoking the American revolution of 1776 and writing, “[W]e have reached our ‘throw off such government’ moment.”