Thread by @Brandi_Buchman

TODAY IS THE DAY.

The leader of the neofascist Proud Boys convicted of seditious conspiracy, HENRY "ENRIQUE" TARRIO, will be sentenced.

I will have live coverage for @emptywheel starting at 2pm ET. Full report to follow.

Govt seeks 33 years.
In the meantime, ICYMI:

https://twitter.com/Brandi_Buchman/status/1698678729323483336

Mulroe cont:... that using force against political enemies is justified and in his words, 'fuck the law'
Tarrio is looking down briefly.
Mulroe notes Tarrio's communications with Metro PD officer Shane Lamond shows how successful his manipulation efforts are to sympathetic ears

Mulroe wants to address what Jauregui said earlier about Tarrio "helping" law enforcement surrender others involved w 1/6
Mulroe says no - he offered a single name of person involved, wasn't even a pb, so it wasn't an attempt to help LEO, it was just like everything else he did..

Mulroe: He tried to help himself and his friends
there was no genuine remorse for prior offense, none for this offense.
after riot, Tarrio said, never apologize, i'm not denouncing shit, you are the resistance

Mulroe: After his codefendants were arrested he posed for photo where he appears to be lighting capitol on fire...
and while jury was deliberating, he gave an interview where he said PBs did nothing wrong and this was in violation of jail rules of 3 way calling, he notes, but ...

Mulroe cont:... that wasn't the point - it was that he said PBs did nothing wrong
in cnn interview, Tarrio said he will never regret things he said. said he thought more members of govt should be afraid of ppl

Mulroe: Not a single ounce of remorse was shown for Jan 6.

He notes how Tarrio wouldn't say he would denounce anything, in fact, Mulroe says in court, Tarrio said:
denounce this dick

Mulroe: There was a real possibility we'd wake up on 1/7 & have a full blown constitutional crisis, 300M americans not having any idea who next pres would be, how that would be decided, all of the terrifying implication for military, law enforcement would collapse w/rule of law.

Mulroe: That is what revolution means and that is what he openly pursued and what he very nearly achieved and it didnt take rifles and explosives. That absence of extremely lethal means, no guns, bombs, that does mitigate this offense but....

iMulroe: in another important sense it increases long term threat of this defendant's conduct because the brand of violence he promoted was one made palatable to some, appealing to so many.
political violence if we're not careful can become normalized and that is marketing.

Tarrio used his abilities to attract followers by the 1000s...
Mulroe says this isnt misguided patriotism, its dangerous...

Seeking leniency is atty Nayib Hassan.
Hassan argues Tarrio didn't lead anyone etc. He goes on to argue that what Tarrio said, comparing Pezzola to a 'founding father' was just talking shit. Part of his Afro-Cuban upbringing.
Kelly: He should keep George Washington out of it.

There was an exchange earlier that Mulroe had re: Tarrio seduction of men like Pezzola, former marine, business owner, to call HIM "boss" - it was similar to how govt argued that OKer leader Stewart Rhodes was an excellent manipulator of men who may not otherwise break law

Hassan: Tarrio also has an insurmountable volunteer charitable work...

Hassan says Tarrio did hurricane relief, helped people save homes (This was a similar point made by defense attys for Stewart Rhodes too)

Tarrio was involved in Toys for Tots; helped buy gifts for children at hospital etc. - this all goes toward his background and should count toward leniency, Hassan argues.

Hassan says Tariro is only getting 2 hours outside a day and it is severe punishment.
Hassan says when he looks at sentencing disparities - he wants to focus on Rhodes.
Others have been sentenced to charges in this case, seditious conspiracy....

Hassan says they take violence against officers seriously, but it wasn't same for Tarrio, doesnt apply to him and he argues, esp when in comparison to the only person similar to Tarrio (looking at facts in this case, Hassan says) would be Rhodes.

Hassan argues Tarrio wasn't taken into custody until a year 3 mos after Jan. 6. His rhetoric has "completely changed"
He responds to Tarrio's posting of him lighting capitol "on fire" with his fingers - he knew PBs were being detained for 22 hours a day
Kelly stops him.

Kelly: you're arguing to me he didnt do the crime the jury convicted him of, so i guess, my pt is - i'll consider what he says to me, but you know, if someone is convicted of a very serious offense and lesser offense and they come up and say, jeez - i guess, my pt is...

Judge Kelly to Tarrio's attorney: I dont know how you can be arguing to me that he is remorseful when he isn't acknowledging the crimes he was convicted of - how am I suppose to grapple with that?

Hassan asks the judge to listen to Tarrio's statement and grapple with that - and Kelly cuts in and says he certainly will and Tarrio will have that time...
But his stmts while offense was going on are quite revealing about his mindset, Kelly notes

Kelly: But if you're here to argue, no judge, look - we've had many months go by and look his attitude is different.
Kelly: ok, i'll hear him but you all certainly have not laid the groundwork for him to step up and say, im so sorry for commiting seditious conspiracy.

Hassan arguing for leniency. He wants not greater than 15 years and compares Proud Boys to OKers having firearms and wants court to rest on that difference.

The court reporter didn't want to take a break twice before - and wasn't willing to go to one now, but Kelly asks for a break.
We return in 5 mins.

And we are back. Kelly is on the bench and Tarrio is about to walk back into the courtroom.
This time, its less theatrics walking in. His gait is normal and his chest and chin are not puffed up or outward.

Tarrio sits down and immediately starts whispering to Sabino Jauregui.
Hassan is at the lectern and reading a stmt from Gladys Pardo (phonetic spelling) - his godmother.
Henry has always cherished family moments; he tolds them above all else.

I'll note - Tarrio's defense attorneys have made much today of the fact that his family members attended proceedings. Recall, Rhodes didn't have anyone show up for him and if I recall, prosecutors noted that fact

Hassan continues to read from Tarrio's godmother's statement.
"Henry is not a monster or bad person like he has been made out to be," she wrote.

Next the court will hear from Tarrio's sister.

Tarrio's sister Alejandra Patron (spelling) is speaking. Her voice is shaking.
They share a 13 year age difference but are still close, she says.

Tarrio's sister: Henry and I are 2 very different people, we share diff views, opinions on everything in life but he's always listened and respected and never tried to steer me from what i believe as right.

Tarrio sister: He's the type of person to give you the shirt off his back... to know the real him is to love him.
henry is the piece that completes our family. he is the glue that keeps us together...the thought of him not being around for milestones is too much to bear.

Tarrio's fiancée is now up. (I apologize I did not get her name) But she says, they have been together for years, known each other for a long time in various capacities. He would help strangers; they have taken in strays, let friends stay at their home when getting back on feet

She is speaking monotone, speaks quick but she breaks briefly, sniffs, cant see her face but she sounds to be crying a bit.
He missed the last few months of the life of the woman who raised him, his great aunt, Tarrio's fiancee notes

She says she has watched Tarrio in trial "change"
A result today will have direct effect on their home, family, planning together, she says

Henry is a flawed man, as are we all, but he is not blind to it. I truly believe he's opened his eyes to current situation and many things he took for granted.
I wholeheartedly vouch for this man's character.
I believe he has learned from his experiences, she says.

As Tarrio's fiancée walks past him sitting at the table, she doesn't look at him. He doesn't look at her. Not that I caught.

Tarrio's mother is now at the lectern. She is emotional right away.
She says she sat through this trial every day because it was important for everyone to know the man on trial had a family that cared and would go above/ beyond to stay here for him because we believe in him

I will note, Tarrio's face now looks a bit more flushed as his mother speaks. He touches his lips, looks down.

Tarrios mother says she told him, no more politics, no more capes. Just a simply family man.

Tarrio mother: It surprises me to hear he has 'no respect' for law enforcement since in our family, we have several officers of the law. He was so respectful, when told to leave DC, he left.

(She omits that he met Stewart Rhodes in an underground garage FIRST and then left DC)

We need him home as soon as we can, Tarrio's mother says, continuing:
Thank you Judge Timothy Kelly for all the time you have dedicated to this case but today you said something I hadn't heard before, you said the words lord knows, and its true, lord does know.

NOW: Former Proud Boy chairman Henry Tarrio addresses the court before learning of his sentence.

Tarrio: I want to to voice...how sorry I am for 1/6. I want to start addressing those affected - those on the front lines.. I've heard some ppl villainize these officers, calling them traitors or unamerican. these officers deserve nothing but praise, respect for heroes they are

Tarrio: This trial has humbled me.

Tarrio says he hopes he can one day make amends for law enforcement.

He now addresses the public of DC. He thought the jury would be bias, but he realizes now...

Tarrio: How would i feel if someone came to my home and turned it upside down....Citizens of DC deserve better.
To citizens of DC, im profusely sorry for what happened that day.

Tarrio woke up thinking the election was stolen in November; he says he coordinated with officers to mitigate harm
He says his angry words clouded his judgement

In Nov, Tarrio says he went to election rally in GA and says a counter protester aimed a rifle at him. \
"After this, I began to have doubts about election being stolen...I mentioned this to those close to me and I was met with insults and ridicule," Tarrio says.

Tarrio: Even with all my doubts, I persisted and attended another rally on Dec. 12.
As some attys claim, I do enjoy spotlight. On 12/12, i expected to see 200 rally goers, but I saw 1500.
Tarrio said he felt dread. he no longer wanted to be in the spotlight then, he adds

Right now, Tarrio is essentially putting on a defense; but says, he was his own worst enemy. His stupidity on Dec 12 got him arrested on Jan. 4 and his hubris led him to believe he was a victim and targeted unfairly.

Tarrio: All of my actions leading to this point had a fork in road; I had a chance to calm things down and didnt.

Watching events at Capitol unfold, I again, chose not to be the voice of reason

Tarrio admits to contradicting that later on Jan. 6/Jan 7 telling PBs he was proud of them
"I believe I made these statements to appease them," Tarrio says.
Working with law enforcement led half of PBs as an org to disavow him, he says

Tarrio's voice finally cracks as he says he lost someone very important to him during this process. He grips the podium. He thanks DOJ and court for allowing him to attend her funeral (i believe this is the great aunt)

Tarrio: Standing before you today, I feel I failed as a brother, fiancee, nephew, as a son. I will always regret making decisions that did not put them first. I've taken care of my grandfather for most of my life and now I've failed him

Tarrio: I've lost friends, businesses ....I've matured hard, but the cost of that maturity has been steep.

My deepest regret is how others were affected - his voice cracks, he sniffs.
To men and women of law enforcement who answered call that day: I'm sorry, Tarrio says

Tarrio apologizes to lawmakers. There is no place for political violence, he says.
He respects prosecution but fundamentally disagrees with their characterizations of him.

"I'm not a political zealot.... changing the results of a election was not my goal. I didnt even realize you could change the results of an election," Tarrio says.

With everything inside me, I wish everything that happened that day didn't happen, he adds

Tarrio says when he gets back home, he wants nothing to do with groups, activism, politics.

But when I walk out that door your honor, I won't be saying anything other than that (presumably a ref to Pezzola's "Trump won!" comment)

I pray for unity for this entire country, Tarrio says.
As he sits down at the table, his face is flush and he wipes his eyes with a balled up tissue. He leans forward on his elbows and faces judge.

Before a sentence is rendered, Hassan asks Tarrio be able to partake in First Step Act.

Kelly says he will take a 10 minute recess and then impose his sentence. As Kelly rises to exit, Tarrio right away turns to face is family. The judge is still at the bench technically so his atty reminds him to turn around, and he does right away. Then Tarrio blows a kiss to fam

And we're back.

Judge Kelly is at the bench.
All right, he says. I've assessed the particular facts in this case and I want to provide my thoughts for the record and for you Mr. Tarrio and for counsel.

Tarrio is sitting up straight, has a pile of papers in front of him.
Kelly: Let's start w/nature of the offense. I want to be clear - in all these Jan. 6 cases, we have to consider overall 1/6 event and then nature and circumstances of partic. defendant

Kelly: I've said many of these things before so those of you who have been with us for sentencing of all defendants in this case, this will sound familiar

What happened on 1/6 physically damaged property and hurt people. I want to pause there because I think I skip through that a little too much when trying to get to things that are unique.. hard to qualify...it's important to pause and acknowledge [law enforcement], Kelly says

Kelly: We should acknowledge damage to bldg done and law enforcement officers who provided testimony in this case, and all who stood in harms way.
They have physical injuries from that day, many have struggled mentally per the stmts I've rec'd.

Kelly: They've suffered and are suffering. They are heroes and they do deserve our debt of thanks for all of us for protecting an essential process of our govt that day

As Judge Kelly tells Tarrio how Jan. 6 broke the tradition of the peaceful transfer of power, Tarrio is looking to pews and Hassan taps him on shoulder to look back.

Kelly: What happened that day, didn't honor the founders. It's the kind of thing they wrote the Constitution to prevent. Many Americans, about half the country, didnt like the outcome that day and some had questions about the way the election proceeded in some states.

Some protested, filed lawsuits, Kelly says of peaceful public.
Kelly: But even though what happened on 1/6 was bad enough, we can take heart that the vast vast majority of those dissatisfied with that election in 1 way or another, didnt resort to force or violence.

Kelly: An even smaller # of ppl led an orgnized effort to do so.
Kelly says Tarro was motivated by revolutionary zeal, the undisputed leader, had docs featuring schemes to take over govt bldgs (1776 Returns doc) and right after rally for 1/6 was announced....

Kelly cont: Tarrio formed Ministry of Self Defense as Biggs urged him to get radical, get real men.
Kelly notes Tarro instructed people in MOSD not to wear colors which obscured their ID by LEOs and told them to bring certain tools

Kelly says the conspiracy among Proud Boys ended up with 200 men amped up for battle encircling the capitol and he notes, they were physically led by his codefendants.

Kelly: Tarrio's not being present did serve some strategic purposes. It did allow his lieutenants to rile up the crowd and it did, from his perspective, insulate him, in just the way he's arguing now, distanced himself from what in fact unfolded that day.

Kelly cont: That's useful to someone as smart as Mr. Tarrio and then, before the day was out, publicly putting on social media, "im proud of my boys and my country" and "dont fucking leave"

'Don't fucking leave,' Kelly repeats.
Kelly: And I don't know how close, the govt argues to me, how close we were to not completing the transfer of power - i don't know how close we came or didn't come, but i don have to conclude how close to say...

Kelly:...what happened was extremely serious and a disgrace.
And I have Mr. Tarrio publicly putting out there, 'don't fucking leave' and privately, to another close confidante, "make no mistake, we did this"
Kelly repeats it, hitting each word
"Make. No. Mistake. We. Did. This."

Kelly also notes another message from Tarrio in the chat after Jan. 6
When Tarrio said: "God didnt put me there {at Capitol on 1/6] for a reason. We would still be there"

Kelly says its not lost on him that someone as savvy and charismatic Tarrio is. But, he notes, he has found himself on the wrong end of two prior criminal prosecutions and now, for this most recent offense, a very very serious one indeed.

Kelly: The way he (exercised his leadership in the Proud Boys, apart from the facts in this case - I don't want to put too too much weight on that. I think his capabilities as a leader, when we talk about deterrence, are something that play a role. But it played a role in trial..

Kelly cot: how he conducted/led org generally. But to some degree this kind of bleeds into his ability to speak on issues and at end of day, while some evidence of this was at trial, its not, none of that is going to be play too too much of a major role in his sentence.

Kelly cont:...again, other than fact that I do think his capabilities going forward are relevant in terms of deterrence.

Tarrio has on many occasions before today no remorse.
He took credit for 1/6 & then when someone asked what was next, Tarrio said, we do it again.
That weighs on Kelly's concerns for deterrence.

In re: to DC offenses, Tarrio taunted law enforcement posting memes say he'd do it again. And Kelly notes, that crime while serious was nowhere near as serious as this one.

Kelly on Tarrio comparing Dominic Pezzola to George Washington:
Kelly: Where to begin. The man who helped encourage the notion of a peaceful order and transfer of power from one to the next, by relinquishing power ..

Kelly: No, what Dominic Pezzola did is not only not an apt comparison but it slanders the father of our country to speak that way. That's another comment that shows the needed for deterrence.

Tarrio and his family members have spoken here today and he will address that, Kelly says

Kelly also notes how defendants have said they wont be involved in politics.
But he notes, its a non sequitur to talk about not engaging in politics anymore.

Kelly: I'm glad for Mr. Tarrio's stmt here today but I gotta say, it was - I'm glad he's sorry for what happened to law enforcement officers that day - but again, I think we're talking a little past each other in many ways because...

Kelly cont: I don't have any indication that [Tarrio] is remorseful for the actual things he was convicted of, which is seditious conspiracy and a conspiracy to obstruct the election

But Kelly says,he doesn't think Tarrio had intent to kill and the application of the terrorism enhancement overstates Tarrio's intent and chosen means, though he says, he isn't trying to minimize the violence of that day.

Kelly: Government is asking for 33 years of incarceration and I've looked closely at most of the types of cases in which courts have handed out cases like that and they really are akin to things like blowing up bldgs and training to go on battlefield to shoot at US troops

Kelly: You try to weigh what Jan. 6 cost us - its hard - these are difficult comparisons to make. While I think a serious sentence is not appropriate, I'm not going to go as high as the govt asked here and I've considered sentences of Oath Keepers.

Kelly: I think the firearms conduct does weigh seriously in those issues, I do think the sheer number of people here and how they breached weighs on the other side (there's that tools of the conspiracy argument)

Kelly: I've also looked at J6 sentences across the board and I dont know what numbers are, but obviously a case like this, seditious conspiracy is an outlier

Kelly notes how in past, he's sentenced some Jan 6 defendants to no jail time - he argues, you must look at everything to make the assessment on the individual sentence. Plus the guidelines.

Govt requested 33 years with 17 years of supervised probation. Tarrio wanted no more than 15 years in prison.
Now Tarrio's counsel approaches and Tarrio too.
Tarrio grabs the podium.

NOW: Henry "Enrique" Tarrio is sentenced to 22 YEARS in prison and 36 mos. supervised release.

Tarrio stands with his arms crossed behind his back and grabs one of his wrists with his other hand as Judge Kelly reads the terms of his sentence.

Tarrio also appeared to throw out a "peace" sign as he exited the courtroom. Though I'll be honest, it was hard for me to tell if it was a "peace" hand symbol or if it was the "v" for victory. So, make of that what you can.

DEVELOPING.
emptywheel.net/2023/09/05/pro…

OK folks, that does it for me on today's live thread. I'll have an updated piece for @emptywheel to come and perhaps even a more in-depth report later. On that we shall see. But for now, I bid you good night!