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Assault on the Capitol (DC)

Fiascoist
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Re: Assault on the Capitol (DC)

#1376

Post by Fiascoist »

But the US flag is the distress position so that explains everything about these two flags...I guess. But I have never been able to figure out the brainset of poots. So, I guess I will wait for some intrepid reporter interviewing the flag carrier to get the true skinny on the 5th dimension level of chess we are dealing with here because it's way above my pay grade.
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Kendra
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Re: Assault on the Capitol (DC)

#1377

Post by Kendra »


Court hearing MONDAY in Jan 6 case of Kyle Fitzsimons

Fitzsimons is accused of pushing police & trying to pull police into mob, while wearing butcher coat

Feds say Fitzsimons also pulled an officer's gas mask off, as another in mob sprayed officer
Seems very touristy.
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Kendra
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Re: Assault on the Capitol (DC)

#1378

Post by Kendra »



Don't miss the very end. *sniff*

MacFarlane is just rocking with his coverage of the 1/6 prosecutions.
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Kendra
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Re: Assault on the Capitol (DC)

#1379

Post by Kendra »

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Re: Assault on the Capitol (DC)

#1380

Post by AndyinPA »

https://www.nbcnews.com/politics/justic ... t-n1274353
A Florida man who was seen carrying a large red "Trump 2020" flag on the floor of the U.S. Senate during the Capitol riot received eight months in prison Monday in the first felony sentence from the Jan. 6 attack.

Paul Allard Hodgkins, 38, of Tampa, was arrested Feb. 16 after the FBI received a tip identifying him among the hundreds of people seen in photos and videos inside the Capitol. He pleaded guilty in June to a single felony count of obstructing an official proceeding, which carries a maximum sentence of 20 years in prison.

"Although you were only one member of a larger mob, you actively participated in a larger event that threatened the Capitol and democracy itself," said U.S. District Court Judge Randolph Moss of Washington.
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Re: Assault on the Capitol (DC)

#1381

Post by raison de arizona »

AndyinPA wrote: Mon Jul 19, 2021 1:06 pm https://www.nbcnews.com/politics/justic ... t-n1274353
A Florida man who was seen carrying a large red "Trump 2020" flag on the floor of the U.S. Senate during the Capitol riot received eight months in prison Monday in the first felony sentence from the Jan. 6 attack.

Paul Allard Hodgkins, 38, of Tampa, was arrested Feb. 16 after the FBI received a tip identifying him among the hundreds of people seen in photos and videos inside the Capitol. He pleaded guilty in June to a single felony count of obstructing an official proceeding, which carries a maximum sentence of 20 years in prison.

"Although you were only one member of a larger mob, you actively participated in a larger event that threatened the Capitol and democracy itself," said U.S. District Court Judge Randolph Moss of Washington.
Glenn Kirschner has a great "not-thread" on this hearing from this morning. A stream of his posts:
Defense attorney is now up . . .
Defendant addressing the judge personally.
Defendant Hodgkins, “I came to DC to participate in an event for a president I love.”
Defendant Hodgkins, “Joseph R. Biden is rightfully and respectfully the president of the United States.”
Defendant Hodgkins, “I do not blame any politician or journalist” for my conduct.
Defendant Hodgkins made an effective statement to the judge (IMO). However, his attorney is undercutting it by attacking the notion the this was domestic terrorism. He said people calling 1/6 “domestic terrorism” are “gaslighting” country. Not effective lawyering (IMO).
To put it bluntly, defendant Hodgkins behaved like the lawyer and the lawyer ranted like an out-of-control client. Strange choice by the lawyer.
The judge is pushing back on the defense attorney’s obvious, transparent and offensive mischaracterizations of what happened on 1/6.
The defense attorney is now calling his client “Paul” and, when being corrected by the judge on some facts, he shoots back, “well, that’s my best guess.” This is poor lawyering.
At this point, the defense attorney should consider quitting while he’s behind.
Defense asks for a sentence of “no confinement” suggesting this will “heal the nation.”
Defense attorney just agued, “this man lives in the poorest section of Florida.” It’s “like Southeast, DC.” He should stop talking. This is offensive.
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Re: Assault on the Capitol (DC)

#1382

Post by northland10 »

The attorney, Patrick Leduc, spent much of last year suing schools over mask mandates and even mandatory flu shots. Sadly for Maybenaut, apparently he attended the JAG school and, according to his Linkedin account, he is Army reserve with the Staff Judge Advocate, Northern Command.
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Re: Assault on the Capitol (DC)

#1383

Post by humblescribe »

I was disappointed with the meager eight-month sentence imposed by the judge. Perhaps the prosecution's eighteen months was too stringent. I'll leave that to the scholars.

What galls me is that we are supposed to consider this individual's past history. Yes, he had no previous record. In this case that is irrelevant. Is it possible that this person had committed bad acts in his past, but never got caught? Yeah, assumes facts not in evidence. He had ample opportunity to see the error of his ways. He could have turned back within five minutes and left the building (or at least made strides to exit.)

No, he was caught up in the moment. He should be incarcerated for longer than eight months. His lack of a prior record and his altar-boy life to date can be considered whether to confine him at Florence or Lompoc.

Finally, this is a precedent that future defendants can use at their sentencing, even if they go to trial and are convicted by a jury.
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Re: Assault on the Capitol (DC)

#1384

Post by Jim »

humblescribe wrote: Mon Jul 19, 2021 3:12 pm Finally, this is a precedent that future defendants can use at their sentencing, even if they go to trial and are convicted by a jury.
I doubt prosecutors will be willing to drop charges on people who do not take a plea deal and are not willing to take responsibility like this defendant did.
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Kendra
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Re: Assault on the Capitol (DC)

#1385

Post by Kendra »


Paul Hodgkins will be permitted to self surrender to federal prison at later date. He's released until then

And he'll have to chip in $2,000 to offset his share of the $1.4 million+ in property damage at US Capitol

(Hodgkins was *not* accused of any damage)
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Re: Assault on the Capitol (DC)

#1386

Post by noblepa »

Kendra wrote: Sat Jul 17, 2021 7:31 pm

Don't miss the very end. *sniff*

MacFarlane is just rocking with his coverage of the 1/6 prosecutions.
I really like his reporting, but he really needs to invest in a tripod, or at least learn to stand still.

The background waving around like that makes me dizzy.
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Kendra
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Re: Assault on the Capitol (DC)

#1387

Post by Kendra »

noblepa wrote: Mon Jul 19, 2021 5:35 pm
Kendra wrote: Sat Jul 17, 2021 7:31 pm https://t witter.com/MacFarlaneNews/status/1416534916574195712

Don't miss the very end. *sniff*

MacFarlane is just rocking with his coverage of the 1/6 prosecutions.
I really like his reporting, but he really needs to invest in a tripod, or at least learn to stand still.

The background waving around like that makes me dizzy.
Agreed. He'll learn, I expect.
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Re: Assault on the Capitol (DC)

#1388

Post by Dave from down under »

https://www.abc.net.au/news/2021-07-20/ ... /100306016

A Florida man who breached the US Senate chamber carrying a Trump campaign flag has been sentenced to eight months behind bars, the first resolution for a felony case in the Capitol insurrection.

Key points:
The judge found Paul Allard Hodgkins played a key role in what he described as an attack on democracy
Hodgkins argued he got carried away and was following the crowd that surged into the Senate
The sentence could set the bar for hundreds of others who were part of the January 6 insurrection

"That was not, by any stretch of the imagination, a protest," Judge Moss said. "It was … an assault on democracy."

He added: "It left a stain that will remain on us … on the country, for years to come."
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Re: Assault on the Capitol (DC)

#1389

Post by northland10 »

humblescribe wrote: Mon Jul 19, 2021 3:12 pm I was disappointed with the meager eight-month sentence imposed by the judge. Perhaps the prosecution's eighteen months was too stringent. I'll leave that to the scholars.
Eight months in federal prison can still be a big thing for somebody who has no past history for things like this if that be the case. It will be following him for the rest of his life and will go on every job application he ever has. In addition, if he had a job before, that is gone as well.

Is this too high or too low in comparison with other crimes, IANAL so I do not know, but it is not just a slap on the wrist. As for those who go to trial, the feds will most likely not be dropping charges on them and will probably be less helpful at sentencing. They will also be saving their big guns for higher-level defendants. I'd rather slap some hands on the idiots, enough to give them a nice boo boo, and save our big efforts for the top dogs, the ones who helped move it way out of control (Proud Boys, Oathkeepers, militia folks, etc.).
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Re: Assault on the Capitol (DC)

#1390

Post by somerset »

northland10 wrote: Mon Jul 19, 2021 8:12 pm
humblescribe wrote: Mon Jul 19, 2021 3:12 pm I was disappointed with the meager eight-month sentence imposed by the judge. Perhaps the prosecution's eighteen months was too stringent. I'll leave that to the scholars.
Eight months in federal prison can still be a big thing for somebody who has no past history for things like this if that be the case. It will be following him for the rest of his life and will go on every job application he ever has. In addition, if he had a job before, that is gone as well.

Is this too high or too low in comparison with other crimes, IANAL so I do not know, but it is not just a slap on the wrist. As for those who go to trial, the feds will most likely not be dropping charges on them and will probably be less helpful at sentencing. They will also be saving their big guns for higher-level defendants. I'd rather slap some hands on the idiots, enough to give them a nice boo boo, and save our big efforts for the top dogs, the ones who helped move it way out of control (Proud Boys, Oathkeepers, militia folks, etc.).
This is also a felony conviction so no more guns at all, ever, and I believe he can no longer vote in Florida.
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Re: Assault on the Capitol (DC)

#1391

Post by raison de arizona »

IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.
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Re: Assault on the Capitol (DC)

#1392

Post by Slim Cognito »

covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.
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Re: Assault on the Capitol (DC)

#1393

Post by zekeb »

covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.
You have to wonder if he bothered to vote in 2019.
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Re: Assault on the Capitol (DC)

#1394

Post by noblepa »

covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.
IANAL, but it seems to me that this rule would be very easy to challenge on Constitutional grounds.

First, I believe that an argument can be made that this is an unlawful poll tax.

Second, it seems to me that it violates the equal protection clause of the 14th Amendment. Felons have been granted the right to vote, so they are in the pool of eligible voters. Yet, no other group is required to pay outstanding court costs/fines/fees. In order to not violate the equal protection clause, wouldn't the law need to prohibit ANY voters with outstanding court costs from voting? One can have such costs stemming from misdemeanor cases, or civil cases. I'm sure that there are many non-felons in FL who have outstanding court costs.

If they did require all voters to pay court costs, that would come back to the poll tax question, wouldn't it?
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Re: Assault on the Capitol (DC)

#1395

Post by keith »

Pauline Bauer antics: MAGA rioter's hearing turns 'ugly' after she yells at judge while declaring herself a 'sovereign citizen'
A court hearing for MAGA rioter Pauline Bauer went off the rails on Monday after she began yelling at the judge while declaring herself a "sovereign citizen."
NBC 4 Washington's Scott MacFarlane reports that Bauer, who infamously called for the hanging of House Speaker Nancy Pelosi (D-CA) during the Capitol riots, immediately went off the deep end by telling the judge that she is not subject to American laws.

According to MacFarlane, Bauer during her court hearing repeatedly interrupted the judge while also demanding that the court recognize her own personal judicial authority.

"Every man is independent of all laws, except those of nature," declared Bauer, who decided to represent herself in court.
According to MacFarlane, the hearing got even crazier from there.

"This case... is going off-the-rails," he reported on Twitter. "January 6 defendant Pauline Bauer says she won't let pre-trial services come into her home, won't turn over her passport, calls the search of her home 'illegal'' -- and refuses to let judge move forward and get her lawyer. Ugly."
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Re: Assault on the Capitol (DC)

#1396

Post by Gregg »

humblescribe wrote: Mon Jul 19, 2021 3:12 pm I was disappointed with the meager eight-month sentence imposed by the judge. Perhaps the prosecution's eighteen months was too stringent. I'll leave that to the scholars.

What galls me is that we are supposed to consider this individual's past history. Yes, he had no previous record. In this case that is irrelevant. Is it possible that this person had committed bad acts in his past, but never got caught? Yeah, assumes facts not in evidence. He had ample opportunity to see the error of his ways. He could have turned back within five minutes and left the building (or at least made strides to exit.)

No, he was caught up in the moment. He should be incarcerated for longer than eight months. His lack of a prior record and his altar-boy life to date can be considered whether to confine him at Florence or Lompoc.

Finally, this is a precedent that future defendants can use at their sentencing, even if they go to trial and are convicted by a jury.
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Re: Assault on the Capitol (DC)

#1397

Post by Gregg »

covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.

Even better, they won't tell them how much they owe so they can't pay it off even if they have the money.
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Re: Assault on the Capitol (DC)

#1398

Post by neonzx »

Gregg wrote: Tue Jul 20, 2021 1:48 am
covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.

Even better, they won't tell them how much they owe so they can't pay it off even if they have the money.
Correct, Gregg. And it is clearly voter suppression -- no matter how the FL GOP tries to frame it.
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Re: Assault on the Capitol (DC)

#1399

Post by Kendra »


BOOM! Down goes another accused OathKeeper

A 4th Oathkeeper (3rd accused of conspiracy) scheduled to plea guilty at 3pm today. Caleb Berry.

Let's see if he agrees to cooperate too

Big early wins for US Justice Dept
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Re: Assault on the Capitol (DC)

#1400

Post by RVInit »

Gregg wrote: Tue Jul 20, 2021 1:48 am
covfefe wrote: Mon Jul 19, 2021 8:24 pm IIRC FL voters made it so felons could vote there (finally), but FL GOP has hamstrung it by requiring them to pay all court fees and fines before being allowed to vote.

Even better, they won't tell them how much they owe so they can't pay it off even if they have the money.
Yes, this is true. There have been many stories out at this point of people trying to find out what they owe and basically just getting the brush off and vague answers. It is absolutely deliberate. The people of Florida spoke, and the majority believe that once someone fulfills their sentence they should be allowed to regain the right to vote. But Republicans control the executive (and pretty much everything else) in Florida which means they still hold the keys to the ballot box and they are not going to let go.
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