Thread by @NotRadix

I attended the sentencing for journalist @stephenehorn who was charged with 4 misdemeanors for being a journalist on January 6th.

Today's tone was markedly different from the Ray Epps sentencing I attended yesterday.

A thread 🧵

Judge Timothy Kelly was presiding with US Attorney Sonia Murphy representing the government and Charles Haskell and Marshall Ellis for Mr. Horn.

I had coffee with Stephen early this morning prior to his hearing. We talked about his journalistic endeavors, his documentary and mine.

This case has major implications for civil rights, freedom of the press, freedom of speech, etc

The district court is in a bleak, old, stuffy, imposing, and oppressive building that has extremely low tech TVs and monitors with clocks that are not even working.

In March or 2021 an "unnamed individual" contacted the FBI with a tip about Mr. Horn, claiming they believed Horn was in the Capitol as a journalist but said they were not aware of him possessing any "media credentials."

The government does not get to decide who is and who is not a journalist. Having press credentials doesn't make you any better than a journalist who does not have them. Having a degree and being part of an organization doesn't matter either - in fact it's increasingly irrelevant in the social media age.

Horn sat for voluntary interviews with the FBI.

Horn also immediately contacted law enforcement after J6 to offer to provide a copy of the footage he took in his capacity as a journalist that day.

According to US Attorney Ashley Akers - Horn "wasn't a journalist."

The proceeding began with Judge Kelly taking up the Rule 29 Motion filed by Horn - Judge Kelly had reserved ruling on the Motion.

In taking up the Motion, Kelly said "In deciding Rule 29 Motions, the court doesn't come to their own conclusion and must weigh everything in the light most favorable to the government."

Judge Kelly pointed out the Court cannot overrule the jury decision - citing USA vs Campbell.

Kelly said he sees no reason to reconsider Rule 29 Motion - irrespective of Horn's knowledge of the Capitol and restricted grounds.

One of the issues discussed was whether the Capitol should qualify as "restricted grounds," due to the Capitol being closed because of COVID rather than because of VP visit with SS detail - Horns team claims grounds were closed due to pandemic.

Kelly claims this is a 'jury instruction' issue

Kelly claims there is no "dispute" grounds were closed off - constituted a "restricted grounds."

A Capitol officer previously testified irrespective of closure because of COVID "we would have temporarily restricted grounds due to VP visit."

Judge Kelly claims evidence in the governments case is more than sufficient to show he [Horn] knew Capitol grounds were closed off to the public and to him.

Judge Kelly then went on to denigrate Horns claims of being a journalist:

Kelly said Horn "knew he lacked the authority to be there," and claimed "even if he was there solely to document and record what was happening - as a journalist - he thought he could be there - Kelly said Horn doesn't have "press credentials" that would give him "special access" to be there. Kelly said Horn has "no degree in journalism," and wasn't part of an "organization," and wasn't being paid by an organization for the work he did that day.

Kelly then brought up the number of followers Horn has on social media on his journalist account.

None of this is relevant - the government and judges do not get to decide what constitutes a journalist. They government can't say if you have less than X followers online you're not a real journalist. That isn't how this works.

Kelly said a reasonable jury could conclude that he was there, at least in part, to "impede an official proceeding."

Kelly then said "I have to emphasize it's not my job to weigh credibility."

Kelly said the evidence was "insufficient" to show Horn came to DC with a specific purpose of impeding the certification of Congress.

Direct quote from Judge Kelly: "The mob didn't pick the Capitol to attack at Random."

Judge Kelly then mentioned Horn was a member of numerous Facebook groups, including a group called "#StopTheSteal" and a group called "Joe Biden is not my President," and he talked about how Horn while inside the Capitol joined in a chant of "USA, USA, USA" with others*.

*Isn't this what riot journos do to blend in w the rowdy crowds they are covering?

Horn not really given the benefit of the doubt the way Rat Epps was yesterday - nor was he praised by the government for his attempts to "de-escalate" that day.

Horns lawyers brought up the numerous times he helped others that day - including providing medical attention to someone w his first aid kit and helping stop someone from attacking law enforcement with a flag pole.

Judge Kelly hammered a recent precedent set by another J6 case - regarding "mere presence."

Kelly said even "passive, quiet, and non-violent conduct" could be "disruptive," because "mere presence" with a "group" or "mob" caused "problems," - so collective guilt/punishment.

So basically:
> The government decides who is a journalist
> The government decides your intent
> The government gets all the benefit of the doubt

This is so absurd. There are entire countries who can't win up against the US government but a random citizen is expected to have a fair chance?

Judge Kelly claimed a reasonable jury could "conclude" that since Horn joined in a chant of "USA!" with the "mob," that could constitute "demonstrating," that could "disrupt," a proceeding.

He also mentioned Horn climbing up on something which Horn claims he did to get a better view while he was documenting the event.

Because of these factors, Judge Kelly denied the Rule 29 Motion.

Kelly then moved on to the sentencing - the Pre-Sentencing Report was filed 01/02/2024

Defense objected to the addendum added to the report by the government.

Kelly said "with regard to conditions of supervision - 24 is legal things we will argue in a minute so I don't think I need to resolve them."

Defense objects to the governments characterization of what OTHERS did that day not Horn "he certainly watched some events," Judge Kelly chimed in

"It all to me looks like it's presented in a pretty neutral way," Kelly said (regarding the government addendum characterizing J6 generally).

Horn's lawyers pointed out Horn has NO criminal record.

US Attorney Sonia Murphy said "I just remind the Court that Lt. McCree from the Capitol Police testified they couldn't "look at the crowd and say 'rioter' or 'media,' so everyone [that was there that day] presented a threat," so for that "the government argues against a two-point reduction.

Judge Kelly responded that the "surrounding facts and circumstances are not irrelevant."

Judge Kelly noted the "defendant did not use violence or credible threats of violence in connection with the offense."

The government wanted collective guilt for Horn bc of the actions of others.

Kelly said "I don't think he did use violence or credible threats of violence so I'm giving the 2-point reduction."

US Attorney Sonia Murphy "the government requests 6 months of incarceration (note they originally asked for 10 months incarceration but the guidelines for the charges don't even support that) for Horns actions and accountability. We know he testified he put on his helmet because his 'riot sense was tingling,'"

*Well, yes, he covers these events

She went on "while Horn submits his age and experience to explain his ignorance of needing press credentials," she claimed all journalists should be "aware of decorum," and that "he knows his actions were wrong," and she claimed Horn attempted to "hide behind the cloak of journalism."

Ummm ma'am - how was he hiding? He contacted law enforcement immediately after J6 and told them he was there as a journalist. He wore a helmet that said "press" on it.

After the government accused Horn of "hiding behind the cloak of journalism," they admit he acted as a journalist that day with US Attorney Sonia Murphy conceding "making a recording doesn't right a wrong," and "distributing a film to the public doesn't undo a harm."

Judge Kelly interrupted saying "Horn did more than that though, he offered it up to law enforcement,"

Murphy responded "it doesn't negate what was done," and she went on to call most of his footage "useless" as he had his camera mounted on his helmet.

Judge Kelly said "it's evidence of wanting to be helpful to law enforcement, he's doing more than just saying 'I was there,' it shows he had the intent to help law enforcement immediately."

Murphy "he was obviously in the wrong place and he knew that."

She then expressed dismay Horn had not publicly praised the US Capitol Police.

*I'm sorry - is this a struggle session?*

Attorney Marshall Ellis for Horn requested one year probation citing Horn's spotless criminal record and how compliant he has been.

He was there as a journalist - he wasn't there to "investigate" anything as the government asserted he should to qualify as a journalist - he was there to document the events and record them.

He did break a rioters flag - as the government claimed - but not to do anything violent, quite the opposite - to prevent another individual from attacking law enforcement with it.

Horn caused no damage personally. He did climb up to get a better view as did other journalists who were not charged.

Judge Kelly interrupted at this point to remind Ellis that they already discussed the "selective prosecution" issues - saying "the question of why other people weren't prosecuted for doing the same thing - it isn't in your control or mine - the government has broad discretion for that matter." He stressed govt has considerable prosecutorial discretion not to prosecute other people."

Judge Kelly decided to give Horn:

> 12 months probation with limited travel restrictions
> a $2k fine
> 90 hrs community service
> No restitution as he did no damage

A major issue I have:

Horn was allowed to give a statement where he said "the next time a riot goes into a federal building I will not follow them and record," and Judge Kelly PRAISED THIS CHILLING EFFECT ON JOURNALISM.

We cannot have journalists scared to document and record events - this is unacceptable and shame on Judge Kelly for calling that a good thing.

Judge Kelly also conceded Horn's case was different from every other J6 case he has seen.

Finally - if you enjoyed this thread and wish to support my work you can do so at thank you!radixverum.com