THREAD: The sentencing of Proud Boy Joe Biggs is underway.
Federal prosecutors are seeking 33 years in federal prison in the sedition case.
U.S. District Judge Timothy Kelly is on the bench, explaining he was absent due to illness yesterday. He's tested negative for COVID.
Joe Biggs "served as an instigator" on Jan. 6, federal prosecutors said, calling the Proud Boys member a "vocal leader and influential proponent of the group’s shift toward political violence."
Joining @ryanobles on @MSNBC shortly to discuss Joe Biggs’ potentially record-setting sentence.
Judge Tim Kelly finds, by preponderance of the evidence, that Zach Rehl shot some sort of chemical weapon at officers. That was a last-minute find by #SeditionHunters that the FBI missed. nbcnews.com/politics/justi…
Here's the moment, unsurfaced by the sleuths over a long weekend, after Rehl's testimony was dragging on:
We're at the terrorism enhancement stage of the sentencing hearing, which Judge Kelly notes will significantly impact his prison term.
Joe Biggs' destruction of a black fence is a terrorism offense, Kelly says. His hands are tied by the statute, he says.
"I have to conclude, based on the evidence... this applies," Judge Kelly said.
At the end of the day, it's not a close call, Kelly says.
NEW: Guidelines range for Joe Biggs: 27 years to 33+ years in federal prison, per Judge Kelly. Reporting with @dnlbrns.
Joe Biggs, seen here leading a group of Proud Boys chanting “FUCK AROUND, FIND OUT” on Jan. 6, is likely to face the longest sentence of any Capitol attack defendant to date.
To put some real numbers on this, if Joe Biggs gets good time and credit for time served with a 27 year sentence, he’s still he looking at a release date in the 2040s.
"The repercussions here must be known," says Assistant U.S. Attorney Jason McCullough. Deterrence is essential, he argues.
Judge Kelly says he takes a backseat to no one in recognizing the seriousness of what happened, but asks how you compare this to, say, someone plotting to blow up a skyscraper.
"The intend was to stop the government from functioning, to stop the transfer of power," says AUSA McCullough. "You have seen hundreds of messages from Joe Biggs... you've seen him celebrate and encourage criminal acts... These are not just simply words... these are convictions."
Norm Pattis is up for Biggs, saying the government wants to send Biggs away, effectively, for a rest of his life. He will argue for a variance.
Norm Pattis said the American public has heard the message about Jan. 6 cases. He notes the recent arrest of a public official in his home state.
"It almost feels Soviet style, tell us about your neighbor, be a good citizen," Pattis says.
Pattis said he doesn't expect to be walking out the door with Joe Biggs at the end of the day today, but says the government's request for decades in prison is much longer than what is necessary.
Biggs is going to address the court before the judge imposes sentence, Pattis said.
NOW: Joe Biggs is speaking.
"You've all done a hell of a job... I thank you for all your hard work... I respect the process and I respect the outcome, I don't agree with it, and that's why I'm appealing... I pray for all of you."
"I apologize for my rhetoric," Biggs said. He used it as a way to deal with what was going on with his family, he says his daughter was molested by a family member on her maternal side. "I'm so sorry... I'm not a terrorist, I don't have hate in my heart."
A tearful Biggs says he wants to be there for his child. "I know that I messed up that day, but I'm not a terrorist," Biggs said. "I beg you."
Judge Kelly speaking. Sentence coming shortly.
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She wouldn't change a trial date to, say, accommodate a professional athlete's sports schedule, she says.
"There are no codefendants in this case," Chutkan said, affirming the special counsel's docket management strategy here (not indicting co-conspirators for now). The defense hasn't identified similarly situated cases that have been delayed as long as they requested, she added.
MEANWHILE: The feds oppose ending Brandon Straka's probation early, saying the Jan. 6 defendant — who admitting saying "take it, take it" as rioters took a shield away from an overwhelmed police officer — "has used his time on probation to re-write what occurred at sentencing."
"At sentencing, Straka was more than willing to accept responsibility for his conduct on January 6th. Since that day, he has continued to use social media to belittle the severity of his plea and the pleas of other rioters..."
"Straka simply refuses to take complete responsibility for his conduct on January 6th, which makes his request for early release from probation objectionable."
"I am the unofficial liaison to the Oath Keepers (inching towards official," the Secret Service official wrote. "They are primarily retired law enforcement/former military members who are very pro-LEO [law enforcement officer] and Pro Trump."