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
NEW: Jan 6 defendant Jay Johnston, former "Bob's Burgers" actor, asks for leniency at sentencing Monday
Defense says feds "persistently overstated Johnston’s participation at the Capitol..because he is an acclaimed Hollywood actor. government is using his status to make a point to the public"
(MORE)
MORE: Some interesting phrasing in Jan 6 defendant Jay Johnston's defense memo to court
"..Amid the chaos, Mr. Johnston soon found himself by the Tunnel leading into the Capitol Building on the Lower West Terrace.."
Defense: "Mr. Johnston found great success in Hollywood as an actor, writer, and producer including accolades for his role as the voice actor for Jimmy Pesto, Sr. in the animated series 'Bob’s Burgers' and as Officer Taylor in 'Arrested Development"
NOTE One of the plaintiffs, Yusef Salaam, attended the Sept 10 debate venue in-person The suit alleges Salaam and Trump had this exchange after the debate
ALERT: Judge Tanya Chutkan has just allowed the unsealing of approx. 1900 pages of Jack Smith records in the Trump 2020 election conspiracy case.
Heavy, heavy redactions. Lots to go through.
But note that the records include Mike Pence's announcement on Jan 6, 2021 that he would not overturn results
The first batch (720+) pages includes heavy redactions, but also has transcripts of depositions/interviews between Trump aides/allies and the House Jan 6 Select Committee.. including questions about the "substitute" batches of electoral votes
NOW: Justice Dept asks for 27 months prison in Jan 6 case of Dana Bell, arguing “history cannot repeat itself” after the 2024 elections. Prosecutor tells judge “deterrence” is critical
Bell is accused being “agitated, angry & violent” as she accosted police & media on Jan 6
Prosecutor argues Bell engaged in “prolonged, abusive and violent” behavior. Prosecutor says Bell grabbed police officer’s baton, as police tried to clear mob away after Ashli Babbitt was shot
Prosecutor says Bell uncorked a “verbal barrage” toward officer Jeff Smith, who died days later by suicide
Prosecutor says Bell is heard telling Smith “get a real job”, “no one supports you”
IN COURT JUST NOW: Justice Dept prosecutor tells judge that the Bureau of Prisons "confirmed there was an error" ... mistakenly releasing Jan 6 defendant Leo Kelly from its prison facility in Rochester, MN
Leo Kelly was sentenced to 30 months prison in August 2023, accused of breaching the Parliamentarian's office while amid the mob.. and of facing off against "an outnumbered line of officers"
Prosecutors say prison bureau "misread" or miscalucuated filing about Kelly prison term
Leo Kelly appeared for the court hearing by zoom.. and he's asked the court to allow him to remain free (on release conditions) pending a "re-sentencing hearing"
Prosecutors want Kelly remanded back to the Bureau of Prisons pending re-sentencing hearing