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: 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
Court documents obtained by @cbsnews said pardoned Jan 6 rioter Christopher Moynihan was arrested Sunday after saying in text messages that he planned to "eliminate" Hakeem Jeffries when the top House Democrat spoke at an event in New York City on Monday.
According to a court filing by prosecutors in the New York state criminal case, pardoned Jan 6 defendant Christopher Moynihan wrote, "Hakeem Jeffries makes a speech in a few days in NYC I cannot allow this terrorist to live."
Moynihan also allegedly stated: "Even if I am hated, he must be eliminated, I will kill him for the future."
Moynihan faces a felony charge of making a terroristic threat, according to court filings shared by prosecutors.
ALERT: James Comey files 51-page motion seeking to dismiss his criminal case, arguing "government’s animus toward Mr. Comey led directly to this vindictive and selective prosecution"
"Trump has installed his former personal lawyers and advisors as high-level officials in DOJ, including as Atty General, Deputy Atty General & FBI Director. He has then publicly and repeatedly urged those officials to investigate and prosecute his longtime perceived political enemies"
From page 11 of James Comey's defense filing, arguing "vindictive prosecution"
FLASH: Brian Driscoll, the former acting FBI director who was fired by the Trump Administration last month, has filed a federal civil lawsuit against Kash Patel, Pam Bondi and the President
Driscoll and two other fired FBI leaders (Steven Jensen and Spencer Evans) allege their federal rights were violated when they were fired
Suit: "Patel not only acted unlawfully but deliberately chose to prioritize politicizing the FBI over protecting the American people"
Lawsuit filed by fired acting FBI director Brian Driscoll:
"Patel explained that there was nothing he or Driscoll could do to stop these or any other firings, because 'the FBI tried to put the President in jail and he hasn’t forgotten it.”