Assault on the Capitol (DC)

[Foggy]

... that long diagonal street that leads to the Capitol.

Pennsylvania Avenue

... the long horizontal street over to the Capitol

Constitution Avenue

[Kriselda Gray]

... that long diagonal street that leads to the Capitol.

Pennsylvania Avenue

... the long horizontal street over to the Capitol

Constitution Avenue

Thanks. I've only been to DC once and that was a trip with my school in 7th grade. I didn't exactly get overly familiar with the layout back then.

[Kendra]

Chicago cop Karol Chwiesiuk is rejecting a plea deal, per court hearing just now. Trial now on the books for May.

Actually, Geoffrey Sills and Robert Morss aren't pleading guilty, today. They're agreeing to stipulated trials. That means they'll agree to a statement of facts and Judge McFadden will find them guilty, but they won't waive their appellate rights.

In short, they're agreeing that they would likely be convicted at trial without conceding their de facto guilt. For them, it means they can appeal their conviction, which they would be very limited in if they took a standard plea deal.

[bob]

So, in exchange for losing the benefit of the acceptance-of-responsibility downward departure, they "gain" the ability to try to convince the D.C. Cir. that they didn't commit any crimes?

[Ben-Prime]

So, in exchange for losing the benefit of the acceptance-of-responsibility downward departure, they "gain" the ability to try to convince the D.C. Cir. that they didn't commit any crimes?

Does it mean that if they later accept a pardon from a GOP president that it does not include the usual perception of the tacit admission of guilt?

[Kendra]

The Jan 6 arrests continue

Feds announce Dan & Joseph Leyden of Illinois are charged with assaulting/resisting police at Capitol

Dan is accused of confronting police at barricade. Joseph is accused lunging at .. and pushing officer

Many more arrests are expected...

[Kendra]

The arrest of Jan. 6 defendant Ian Horvath, aka #NotGrizzly, happened last week, but the case has now been unsealed in D.C.

"He wore a fur hat with what appears to be a raccoon style tail attached."

Arrested in Indiana.

https://storage.courtlistener.com/recap ... 70.1.1.pdf

[Kendra]

Here, at regular speed, is what happened moments after Donald Trump’s tweet about Mike Pence on Jan. 6:

[northland10]

The arrest of Jan. 6 defendant Ian Horvath, aka #NotGrizzly, happened last week, but the case has now been unsealed in D.C.

"He wore a fur hat with what appears to be a raccoon style tail attached."

Arrested in Indiana.

https://storage.courtlistener.com/recap ... 70.1.1.pdf

It's Sam Shakusky's evil twin, all growed up.

[Maybenaut]

So, in exchange for losing the benefit of the acceptance-of-responsibility downward departure, they "gain" the ability to try to convince the D.C. Cir. that they didn't commit any crimes?

Not even that, really. The most they could try to convince the D.C. Cir. of is that even if everything in the stipulation of facts is true, no reasonable juror could conclude that what they did was a crime at all. It might seem like a semantic distinction, but it's the difference between legal sufficiency of the evidence (which is appealable) and factual sufficiency (which is not* appealable). A conviction is not legally sufficient when the government fails to present *any evidence* of a necessary element of an offense (it's rare, but it happens). The facts are viewed in the light most favorable to the prosecution without regard to the credibility of witnesses, and without regard any defenses (like, the President made me do it). Of course, these mistakes are more likely to happen in the course of a fast-paced trial than a conviction based on a stipulation of fact which will lay out evidence in support of all of the elements of all the offenses alleged in the indictment.

A guilty plea would waive the sufficiency of the indictment on appeal, so that might be what this is all about. The question there is whether the defendant was put on notice of what he had to defend against. I don't know whether these guys challenged the sufficiency of the indictment at trial, or whether failure to do so at trial waives that on appeal in the federal system.

* There are a few jurisdictions (the military and some states) that allow appeal of the factual sufficiency of the evidence, where the appellate court gets to re-weigh the credibility of the witnesses and essentially sit as another jury. That, of course, is where I make my bread and butter. Given the incredible pressure on military juries to find the accused guilty in sex assault cases, cooler heads are likely to prevail in a military appellate court. We don't get that many convictions reversed for factual sufficiency, but we do win the cases we really ought to win (and if we can hand the appellate court a *legal* error to base the decision on so they don't have to call the victim a liar, so much the better).

[Kendra]

https://www.nbcnews.com/politics/justic ... -rcna44621

Feds charge members of 'B Squad' militia allegedly run by former GOP House candidate in Jan. 6 case
The Three Percenters subgroup is associated with Jeremy Liggett, who was briefly a Republican candidate for a House seat in Florida.

Edit: Adding Twitter thread, more info on there.

[Kendra]

Keep 'em coming.

[Kendra]

Moar:

https://www.msn.com/en-us/news/crime/fb ... r-AA113qFd

FALKVILLE, Ala. (WAFF) - A Falkville man was arrested Wednesday morning for multiple charges tied to the January 6 riots.

The arrest of Bobby Wayne Russell happened as part of an ongoing investigation at a home near Falkville High School. When asked about the FBI and law enforcement presence in the area, the Morgan County Schools Superintendent said that the investigation has no impact on the school.

“I can confirm that we were there as part of a court-authorized law enforcement activity. As this is part of an ongoing investigation, I wouldn’t be able to comment further,” an FBI spokesperson said.

Court documents confirm Russell was booked on the following charges:

Assaulting, Resisting, or Impeding Certain Officers
Civil Disorder
Entering and Remaining in a Restricted Building or Grounds
Disorderly and Disruptive Conduct in a Restricted Building or Grounds
Engaging in Physical Violence in a Restricted Building or Grounds
Act of Physical Violence in the Capitol Grounds or Buildings

Documents show Russell holding onto the guard rails before eventually helping to push them over. Once he broke through the barriers, Russell grabbed a police officer’s jacket and pushed him to the ground.

The documents say, “Corporal J.B. stated he remembered Russell because prior to the police’s push to clear the area, Russell said to the police, ‘There’s more of us than you guys, you’re gonna lose.”

Russell is also quoted as saying, “I’m not scared of you and I’m not weak,” after officers with riot shields pushed and urged people to leave the area.

[Kendra]

New Jan 6 cases are surfacing

Court unsealed case of Weston Sobotka. Justice Dept says tipster, selfie photo and surveillance in Ashburn, Virginia helped them make the case

Note text (and the "haha") above the photo that's included in court filings ===>

[Kendra]

Capitol riot defendant Matthew Klein is asking court permission to ... get back onto Twitter & Discord. He calls it "backbone" of "information space" as

he pursues blockchain assets

Klein case is pending, he's accused of advancing at police wearing protective goggles amid mob

[pipistrelle]

Well, there's his problem. Thinking Twitter and Discord are "information."

[Kendra]

JUST IN: DOJ seeking 210 month (17.5 year) sentence — which would be by far the longest — for Jan. 6 defendant Thomas Webster, a former NYPD officer convicted of assaulted a cop at the Capitol.

[Foggy]

Good. Not enough, really.

[Tiredretiredlawyer]

I'll be happy if he gets that.

[Kendra]

Moar from Scott.

A 17.5 year prison sentence would be a high-water mark for the US Justice Dept in Capitol riot cases.

Webster went to trial... (and like the others who've faced juries in Jan 6 cases).. he was convicted. In a matter of hours

Sentencing Sept 1

[Kendra]

Court unseals yet another Jan 6 case.
Jonathan Copeland is accused of arguing w/ and grabbing photographer and being part of mob pushing large Trump sign into police at Capitol

Edit:

[Gregg]

Moar from Scott.

A 17.5 year prison sentence would be a high-water mark for the US Justice Dept in Capitol riot cases.

Webster went to trial... (and like the others who've faced juries in Jan 6 cases).. he was convicted. In a matter of hours

Sentencing Sept 1

Pro tip...take the plea. If you are actually guilty, take the plea, every damn time.

[Kendra]

Here's another:

Former Trump Admin. State Dept appointee Federico Klein has opted for a *bench trial* (trial by judge.. not jury) in his Capitol breach case. Scheduled for April

Judge is Trevor McFadden, who's already issued full or partial acquittals in other Jan 6 cases

Is this the Trumpy guy who got a job at the State Department?

[Kendra]

Capitol riot defendant Ryan Nichols filed motion in court asking judge to preclude use of term "treason", among other terms, at trial

Justice Dept responded tonight with filing that includes this transcript allegedly of words spoken by Nichols in FACEBOOK stream on Jan 6 ====>

Defense says Thomas Webster has been "disabused of any notion that the 2020 election was illegitimate" ... as Webster seeks leniency

Webster's sentencing memo says "sentence of time served would be justified"

(That's ... a lot less than 17 years prison)

[pipistrelle]

Reminder: Webster IIRC is the eye gouger. He should get whatever max there is.