Spring forward.
To delete this message, click the X at top right.

Assault on the Capitol (DC)

User avatar
Maybenaut
Posts: 2579
Joined: Mon Feb 22, 2021 10:07 am
Location: Maybelot
Verified: ✅✅

Re: Assault on the Capitol (DC)

#3751

Post by Maybenaut »

humblescribe wrote: Thu Jun 23, 2022 4:18 pm
Maybenaut wrote: Wed Jun 22, 2022 7:24 pm I dunno. If for some reason the cops came around here asking about weapons, I’d show them the gun safe, but it probably wouldn’t occur to me to show them knives and axes, although we have plenty of those. I mean, I know that they can be used as weapons, but I tend to think of them as tools.

Having said that, I don’t know what’s in this “overseas cargo shipment.”

But I also don’t think it’s any accident that the DOJ used that language. “Overseas cargo shipment” sounds a lot scarier than “Dude ordered stuff on Amazon and it’s coming from China.”
Remember this is an accountant speaking. This may be antithetical to the legal profession.

If I were arrested for a crime of violence, and I were placed on some sort of house arrest with restrictions, I would make gosh darn sure that I did not do anything stoopid during my pre-release period to piss off the prosecution and the judge. I am yellow enough to realize that if I am convicted at trial, or agree to a plea bargain that any bonehead move that I make would enhance the sentencing that I would receive.

I would have asked my lawyer whether I could order these knives and axes. (I presume this discussion with counsel is privileged.) If my lawyer said that it was a bad idea, I'd wait. If my lawyer said go ahead, then I would. Presumably there is some relief if I follow counsel's advice and that advice is wrong.

But I think these Neanderthals try to get away with as much as they can, because freedumb and all that.

Personally, I think that knives and axes are tools too, but they double as weapons. Lotsa stabbings each year. And we all remember Lizzie Borden, despite her acquittal.
Not usually. That might help at sentencing, but usually the only time you can escape criminal liability after following bad advice is if the advice comes from the government. As with everything, there are exceptions.

I agree these people are stupid and this guy in particular shouldn’t be buying knives and axes. Nor am I going to feel bad if the judge decides to revoke his bail, or whatever. I just get annoyed at all the breathless reporting sometimes.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
User avatar
pipistrelle
Posts: 6693
Joined: Mon Feb 22, 2021 11:27 am

Re: Assault on the Capitol (DC)

#3752

Post by pipistrelle »

If I really needed an axe for yard work, could I have my attorney check with the court? Or is that too granular?
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3753

Post by Kendra »


While you were watching SCOTUS:

An appeals court granted permission for a Jan. 6 defendant to travel to Estonia, overruling Judge Chutkan.

The 2-1 ruling said Chutkan painted the Citadel "honors student" defendant with too broad a brush.

https://politico.com/f/?id=00000181-962 ... 2e277b0000
User avatar
raison de arizona
Posts: 17656
Joined: Mon Feb 22, 2021 10:21 am
Location: Nothing, Arizona
Occupation: bit twiddler
Verified: ✔️ he/him/his

Re: Assault on the Capitol (DC)

#3754

Post by raison de arizona »

Kendra wrote: Fri Jun 24, 2022 11:46 am https://twitter.com/kyledcheney/status/ ... 1410195477
While you were watching SCOTUS:

An appeals court granted permission for a Jan. 6 defendant to travel to Estonia, overruling Judge Chutkan.

The 2-1 ruling said Chutkan painted the Citadel "honors student" defendant with too broad a brush.

https://politico.com/f/?id=00000181-962 ... 2e277b0000
Some asshole who broke into the Capitol wielding a metal pipe should not be welcome at a prestigious military academy at all, much less eligible for any honors.
:twocents:
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
User avatar
RTH10260
Posts: 14353
Joined: Mon Feb 22, 2021 10:16 am
Location: Switzerland, near the Alps
Verified: ✔️ Eurobot

Re: Assault on the Capitol (DC)

#3755

Post by RTH10260 »

raison de arizona wrote: Fri Jun 24, 2022 12:36 pm
Kendra wrote: Fri Jun 24, 2022 11:46 am https://twitter.com/kyledcheney/status/ ... 1410195477
While you were watching SCOTUS:

An appeals court granted permission for a Jan. 6 defendant to travel to Estonia, overruling Judge Chutkan.

The 2-1 ruling said Chutkan painted the Citadel "honors student" defendant with too broad a brush.

https://politico.com/f/?id=00000181-962 ... 2e277b0000
Some asshole who broke into the Capitol wielding a metal pipe should not be welcome at a prestigious military academy at all, much less eligible for any honors.
:twocents:
IMHO a borderline case. As for the academy, they may kick him out if he hasn't made his diploma by the time of sentencing / appeal.
User avatar
bob
Posts: 5386
Joined: Mon Mar 01, 2021 12:07 am

Re: Assault on the Capitol (DC)

#3756

Post by bob »

An appeals court granted permission for a Jan. 6 defendant to travel to Estonia, overruling Judge Chutkan.

The 2-1 ruling said Chutkan painted the Citadel "honors student" defendant with too broad a brush.
"For completeness," the majority judges were nominated by Bush the Elder and the Repeached Florida Man.

Nb.:
D.C. Cir. (citations omitted) wrote:As required by the terms of his release, Irizarry sought permission for this foreign travel. The government filed a one sentence response, stating that it did not oppose Irizarry’s motion. At a hearing on the motion, the district court raised the question whether foreign travel would create a flight risk, and Irizarry offered to accept “any restriction”—such as GPS monitoring and forgoing off-campus activities—to allay that concern. For its part, the government did not seek any additional conditions if the travel were permitted.

Despite all this, the district court denied Irizarry’s travel outright. The court reasoned that Irizarry’s conduct was “tantamount to an attempt to overthrow this government.” And the court expressed concern that Irizarry could thwart pretrial supervision if he “wanders into Russia or something.”

We reverse the district court’s decision and remand with instructions to permit the requested travel subject to the conditions set forth in the release order issued on March 22, 2021. Under the Bail Reform Act, a defendant must be released pretrial “subject to the least restrictive . . . condition, or combination of conditions, that . . . will reasonably assure the appearance of the person as required and the safety of any other person and the community.” Here, the district court did not find that Irizarry was even a flight risk or dangerous, much less that completely denying his motion for travel was the least restrictive means of reasonably assuring his appearance and the safety of the community. The court instead based its ruling on global judgments about all defendants charged with offenses related to January 6, rather than on an individualized assessment of safety concerns or flight risks presented by Irizarry himself.
Translation: "Judge harder next time."
Image ImageImage
User avatar
Gregg
Posts: 5502
Joined: Tue Feb 23, 2021 1:54 am
Location: Cincinnati, Gettysburg
Occupation: We build cars

Re: Assault on the Capitol (DC)

#3757

Post by Gregg »

RTH10260 wrote: Fri Jun 24, 2022 1:44 pm
raison de arizona wrote: Fri Jun 24, 2022 12:36 pm
Some asshole who broke into the Capitol wielding a metal pipe should not be welcome at a prestigious military academy at all, much less eligible for any honors.
:twocents:
IMHO a borderline case. As for the academy, they may kick him out if he hasn't made his diploma by the time of sentencing / appeal.

Yeah, I'm almost positive there is something in the Honor Code about trying to overthrow the government, especially as the school does have a little history with that.
Supreme Commander, Imperial Illuminati Air Force
:dog:

You don't have to consent, but I'm gonna tase you anyway.
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3758

Post by Kendra »


In court filing seeking to BLOCK transfer of Capitol riot cases outta DC, Justice Dept argues:

"Courts routinely conclude defendants can receive a fair trial in the location where they committed their crimes, despite the fact that some members of the community were victimized
User avatar
Gregg
Posts: 5502
Joined: Tue Feb 23, 2021 1:54 am
Location: Cincinnati, Gettysburg
Occupation: We build cars

Re: Assault on the Capitol (DC)

#3759

Post by Gregg »

Whatsa matter?

Are they afraid of a DC jury? :crying:

Next time maybe they oughta try to overthrow the government in Alabama or Florida.
Supreme Commander, Imperial Illuminati Air Force
:dog:

You don't have to consent, but I'm gonna tase you anyway.
User avatar
Ben-Prime
Posts: 2599
Joined: Mon Feb 22, 2021 11:29 pm
Location: Worldwide Availability
Occupation: Managing People Who Manage Machines
Verified: ✅MamaSaysI'mBonaFide

Re: Assault on the Capitol (DC)

#3760

Post by Ben-Prime »

Gregg wrote: Sun Jun 26, 2022 1:30 am Whatsa matter?

Are they afraid of a DC jury? :crying:

Next time maybe they oughta try to overthrow the government in Alabama or Florida.
Not sure they'd receive that warm a welcome in Florida, either -- I mean, trying to overthrow DeSantis on his turf?

And dont't think that as a legal Florida resident (though one who is only home for 4-6 weeks every 2-3 years), it doesn't pain me to write that.
But the sunshine aye shall light the sky,
As round and round we run;
And the truth shall ever come uppermost,
And justice shall be done.

- Charles Mackay, "Eternal Justice"
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3761

Post by Kendra »


Judge sentences Christopher Cunningham to 1-year probation (with 3 month term of home confinement and GPS location monitoring)

Cunningham's request for leniency, which was infused with several mentions of being "caught up in the moment" on Jan 6, has helped him avoid prison
User avatar
Slim Cognito
Posts: 6555
Joined: Mon Feb 22, 2021 9:15 am
Location: Too close to trump
Occupation: Hats. I do hats.
Verified:

Re: Assault on the Capitol (DC)

#3762

Post by Slim Cognito »

I hope his trumpanzee friends will react to him claiming "he was caught up in the moment" as a wimp-out and react accordingly.
Pup Dennis in training to be a guide dog & given to a deserving vet. Thx! ImageImageImage x4
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3763

Post by Kendra »


And we are underway in this sentencing hearing. This particular Jan 6 defendant is asking for leniency, in part, by arguing he "entered the building like Ghandi"

So.. there's that
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3764

Post by Kendra »


Court has unsealed yet another Jan 6 Capitol riot case. Against Bernard Sirr of Providence, RI-area

He's accused of pushing against the police line amid the riot
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3765

Post by Kendra »


Jan. 6 suspect Bernard Sirr, aka #vipercap, has been arrested. He was 249-AFO on the FBI’s list.
User avatar
raison de arizona
Posts: 17656
Joined: Mon Feb 22, 2021 10:21 am
Location: Nothing, Arizona
Occupation: bit twiddler
Verified: ✔️ he/him/his

Re: Assault on the Capitol (DC)

#3766

Post by raison de arizona »

You know, the whole law enforcement/military involvement with the insurrection is disturbing, but having a nuclear facilities engineer involved is even more scary. Get his finger off the button!
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3767

Post by Kendra »


Bernard Sirr has been brought into the courtroom in handcuffs and leg shackles. He's in shorts and a plaid shirt, and takes a seat next to his defense counsel. (veteran prosecutor Paul Daly is here for the government)
https://wpri.com/target-12/fbi-arrests- ... -6-attack/
Local reporter with boots on the ground. More info at the link above.
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3768

Post by Kendra »


AUSA Daly is asking the judge to release Sirr with certain conditions: he can't possess firearms. Daly says agents found 12 firearms at Sirr's NK house. https://wpri.com/target-12/fbi-arrests- ... -6-attack/
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3769

Post by Kendra »

From the twitter thread linked above.
Sullivan identifies the third party who will take possession of Sirr's weapons as a "family member." She says that person is responsible for making sure Sirr does not have access to them. https://wpri.com/target-12/fbi-
Sullivan asks if keeping his job will pose a problem. "No your honor," he replies. https://wpri.com/target-12/fbi-arrests- ... -6-attack/
User avatar
raison de arizona
Posts: 17656
Joined: Mon Feb 22, 2021 10:21 am
Location: Nothing, Arizona
Occupation: bit twiddler
Verified: ✔️ he/him/his

Re: Assault on the Capitol (DC)

#3770

Post by raison de arizona »

Kendra wrote: Wed Jun 29, 2022 1:33 pm
Sullivan identifies the third party who will take possession of Sirr's weapons as a "family member." She says that person is responsible for making sure Sirr does not have access to them. https://wpri.com/target-12/fbi-
I trust Sirr's "family member" as much as I trust Sirr in this instance. I suppose given the current climate at SCOTUS, we're probably lucky there is a legal path to any reduced access to firearms at all.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3771

Post by Kendra »

Cross posting.


ARRAIGNMENT set for July 7 in the US Capitol breach case of Michigan gubernatorial candidate Ryan Kelley

Less than one month before primary
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3772

Post by Kendra »


NEW: Capitol riot defendant George Tenney of South Carolina has pleaded guilty to two felony charge. Per feds, Tenney "tried to open the Rotunda Doors to allow the rioters inside" and messaged on Facebook on Dec 28, 2020: "It's starting to look like we may siege the Capitol.."
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3773

Post by Kendra »

Who is surprised? I'm not.
NEW: Justice Dept alerts judge about post-sentencing "about-face" by Jan 6 defendant Derrick Evans. Evans is a former West Virginia state delegate who was sentenced to 3 months in prison last week

Federal prosecutors didn't like the radio interview Evans gave afterward ==>
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3774

Post by Kendra »


Former Trump political appointee Federico Klein argues he's being selectively prosecuted in Jan 6 case because of his prior service in Trump Admin

Justice Dept hits back hard against the claim, in new court filing arguing Klein used police riot shield *against* officers

(more)
User avatar
Kendra
Posts: 10497
Joined: Tue Feb 23, 2021 10:17 am

Re: Assault on the Capitol (DC)

#3775

Post by Kendra »


Prosecutors to seek 1-year prison term for Terry Lindsey in Capitol riot case

Feds say Lindsey shoved & taunted police, boasted after riot that he'd used "illegal substances" at Capitol & posted on Facebook “Hell yes I stand for the US & next time we will bring are [sic] guns"
Post Reply

Return to “The January 6 Insurrection, including Criminal Cases”