January 6 2021

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FAFO

[ponchi101]

Thanks for teaching me FAFO today.

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Capitol rioter with 'jaw-dropping' criminal history sentenced to 14 years in prison
Peter Schwartz, of Pennsylvania, has 38 prior convictions on his record, according to prosecutors.

Author: Jordan Fischer
Published: 1:57 PM EDT May 5, 2023
Updated: 6:23 PM EDT May 5, 2023
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WASHINGTON — A federal judge ordered a Kentucky man who assaulted multiple police officers to serve 14 years in prison Friday in the longest sentence handed down yet in a Capitol riot case.

Peter Schwartz, who was living in Pennsylvania at the time of his arrest, appeared Friday afternoon before U.S. District Judge Amit P. Mehta. Schwartz was convicted by a jury in December on 13 counts, including four counts for attacking police with dangerous weapons and three other weapon-related felonies. In a sentencing memo filed last month, prosecutors described the career welder as one of the “most violent and aggressive participants” in the Capitol riot and asked for him to be sentenced to 294 months, or 24.5 years, in prison and a $71,541 fine.

“This sentence is at the midpoint of Schwartz’s Sentencing Guidelines range and takes account of his repeated violence against police on January 6th, his substantial violent criminal history, his utter lack of remorse, and his efforts to profit from his crime,” prosecutors wrote.

Schwartz and his then-wife, Shelly Stallings, traveled to D.C. “intent on violence” prosecutors wrote. They made their way to the front lines near the Lower West Terrace, where Schwartz would later brag he threw the first chair at police that helped create an opening other rioters used to flood through.

“[Schwartz] then stole chemical munitions, including pepper spray, that had been left behind by the fleeing officers and used that pepper spray as a weapon to attack those same officers as they desperately tried to escape the growing and increasingly violent mob,” prosecutors wrote. After initially assaulting police with pepper spray, he then entered the Lower West Terrace Tunnel and worked with other rioters to again spray officers.

Stallings pleaded guilty in August to all counts in her indictment, including five felonies, and was sentenced last month by Mehta to two years in prison.

In addition to his actions on Jan. 6, Schwartz has what prosecutors described as a “jaw-dropping” criminal history of 38 prior convictions dating back to 1991. Those convictions were for offenses ranging from battery to assault with a deadly weapon to being a felony in possession of a handgun and terroristic threatening. In 2019, Schwartz was convicted in Kentucky for at least the second time of being a felon in possession of a firearm and for threatening to kill his girlfriend. A year later he was convicted of domestic battery in Ohio for assaulting his wife. On Jan. 6, Schwartz was still on probation from a conviction for assaultive conduct and illegal firearm possession.

Schwartz’s attorney, Dennis E. Boyle, argued in his own sentencing memo that his client should receive a much lighter term of four-and-a-half years in prison. Boyle acknowledged Schwartz’s conduct was serious, but said his actions on Jan. 6 were “not motivated by any desire for personal financial gain or any other benefit,” but instead by a “misunderstanding as to the facts surrounding the 2020 election.”

Boyle described Schwartz as a “pillar” in his family and noted his father Ronald had submitted a letter to the court describing how he “never fails to send cards in recognition of family events or holidays.”

According to Boyle, the probation office determined Schwartz’s advisory guideline sentencing range should be 14-17.7 years in prison.

Schwartz spoke briefly at the hearing, telling Mehta, "I just want to say that I do sincerely regret the damage Jan. 6 has caused to so many people and their lives."

Before delivering his verdict, Mehta said he appreciated Schwartz's statement — but didn't believe it.

"You were on a warfront," Mehta said. "You were a soldier against democracy."

Mehta also shot down claims Schwartz has made on podcasts and elsewhere that he has been wrongfully prosecuted.

"You are not a political prisoner, Mr. Schwartz. You're not somebody who's standing up against injustice or fighting against an autocratic regime," Mehta said. "No, that's not you. You're someone who took the day into your own hands. You raised your hands against others, much as you have your entire life."

Despite describing Schwartz as one of the most serious and violent rioters that day, Mehta agreed the sentencing guidelines were unnecessarily punitive and said he would, as he has in other cases, grant a downward variance. But he said Schwartz did not deserve as significant variance as other defendants due to his extensive criminal history and lack of remorse.

Ultimately, Mehta sentenced Schwartz to 170 months, or fourteen years and two months, in prison and $2,000 in restitution. He will also have to serve three years of supervised release. Mehta granted a request by Schwartz's attorney to request placement at the low-security federal facility at Fort Dix in New Jersey, near where he has family.

Previously, the longest sentence handed down to date was 10 years for former NYPD officer Thomas Webster. Webster was convicted at trial of one count of assaulting police with a dangerous weapon alongside other felonies. He was also sentenced by Mehta.

https://www.wusa9.com/article/news/nati ... 6d0db8332e

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Prosecutor says Barnett’s crimes weren’t just “hurt feelings” or a “harmless prank”…
She says the crime was part of a siege that “impacted the world’s confidence” in the stability of America

Prosecutor argues Barnett “encouraged others to participate” in riot

She emphasizes that Barnett brought “stun device” on Jan 6

About that famous photo of Barnett with his feet on a desk in Pelosi office… prosecutor says photo didn’t make Barnett famous. She says Barnett’s actions made the photo famous

Prosecutor says the crime “sent shockwaves” around the nation and the world

She argues Barnett’s crime has no historical comparison.

Prosecutor says staffers “were literally running and hiding in a safe room” as mob approached Pelosi offices

Justice Dept is arguing Barnett characterizes himself as the victim. Not the police. Or Members of congress or their staff.

Prosecutor argues Barnett continues to do so

Prosecutor says Barnett “immediately celebrated his conquest” on Jan 6… “showing off his trophy” (the mail/envelope stolen from Pelosi offices)

Prosecutor: Barnett “still believes he can say and do whatever he wants”

“Without consequences”

Prosecutor says Barnett “doesn’t worry about consequences”

Probation office is recommending 54 months prison

But Justice Dept is recommending longer

Prosecutor is detailing how some of the victims of Jan 6 “left government service” (police service) after the attack

Prosecutor emphasizes how there are no historical parallels to so much of what happened on Jan 6. Brief break. Then we expect to hear from defense

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Scott MacFarlane
@MacFarlaneNews

Defense makes a (very) extended comparison of unrest in 2020 (including in Kenosha and DC) to the Jan 6 attack.

After several minutes, judge interjects and says “Counsel, address *this* case”

Defense says Bigo Barnett “didn’t want to fight Antifa”, but wanted to protect others from Antifa

Defense says Barnett brought stun device to DC because “he wanted to legally protect himself”

Defense says Barnett was “sleep deprived” during FBI interview in this case

Judge is trying to focus defense attorney.

About famed incident in which Barnett put his feet on desk in Pelosi office… defense says “he sat at a desk he should not have sat at”

Defense tried to play a video of news coverage. Video doesn’t play.

This defense presentation is, at times, halting

Defense says government is alleging an “ingenious plot” by Barnett on Jan 6

Defense returns to an argument that was unsuccessful at trial… saying Barnett “was pushed into the Capitol” on Jan 6

That argument did not convince jury

Defense says nothing that happened in Pelosi office was violent

Defense says Barnett “is not a threat to anyone”

Defense is making especially lengthy arguments contrasting Barnett’s case with others from Jan 6

Several times.. judge Chris Cooper interjected and said “move on”

ꓳꓠꓠꓯꓷ
@WhyoDanno
·
1h
look at his belt in that infamous photo. This thug brought a weapon to take on a 130 lb 80-year-old woman.

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Scott MacFarlane
@MacFarlaneNews
Bigo Barnett speaks now. He blames prior defense attorney (whom he fired) for the Give Send Go account

Barnett says Jan 6 was an “enigma in my life”
“Some of my actions of January 6 are hard to explain…. They say I’m not remorseful… They say I’m a terrorist .. you know I’m not”

Barnett says “they want me to be remorseful for things I did not do”
He says he’s appealing, “I still think I have a chance to prove that I’m innocent”
“I wasn’t treated fairly”

Barnett: “January 6 was a traumatic day for everyone. Not just law enforcement”

Barnett says a lot of people “got caught up in it” on Jan 6
(Invoking a refrain in many Jan 6 sentencing hearings)

Barnett says he’s “not proud” of his conduct in front of police. But he argues it was not “threatening”

Barnett closes by saying he’ll accept whatever the judge decides.

Judge Chris Cooper begins to issue sentence next

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It's FAFO day!

This is the tl;dr


Longer







Roger Parloff
@rparloff
·
6h
Ofc Owens apologized at some point for crying & Judge Mehta quickly told him that no apology was needed. He thanked each of the five witnesses for their statements & added words that were hard to hear from the gallery. (Victim impact statements are delivered from ...
/7

Roger Parloff
@rparloff
·
5h
... Judge is discussing how he to determine whether OKs "caused" what happened on J6.
"I think this is a circumstances were a strict but-for test is not required in order to carry out purposes of sentencing commission. ... Causation cause met in this case ...
/19

and therefore the 3-level enhancement will be applicable in this and the other matters."
Now discussing enhancements for defendants who exercised some control over other defendants or co-conspirators. ...
/20

[The probation department writes the presentence report. it's not public.]
Judge: 1st category: defense claim that evidence showed no conspiracy to oppose transfer of power after election. that's contrary to what the jury found.
[Judge now reviewing evidence to that effect.]
/25

Judge: there's also a defense claim that QRFs [quick reaction forces--the arsenals in VA hotels] were to be defensive forces. ... Abundant evidence form which jury concluded otherwise.
[Judge now reviewing a sampling of that evidence.]
/26

*from* not "form"

/27

Judge: Contention by defense that Rhodes's statements about using force on J6 were bombast ... abundant evidence from which jury could conclude otherwise.
[now reviewing some of that evidence.]
/28

Judge: defense makes contention that Rhodes did not instruct OK Kelly Meggs or other OKs to enter Capitol. ... Judge says there's abundant evidence to contrary.
[reviews some of that evidence.]
Judge: defense points out that gun purchases were legal. True but beside the point.

purpose of buying the guns was to oppose authority of the US and to create an arsenal for that purpose. ...
[judge reciting evidence to that effect, including things cooperating OK Joshua James said in his guilty plea statement.]
/30

Judge now says that contention that Rhodes ordered others to delete evidence based on instructions from girlfriend/general counsel Kelly SoRelle "doesn't pass the laugh test." Judge mentions Rhodes' own Yale Law School education and improbability of his taking orders from ...
/31


SoRelle.
Judge: Ok. That's out of the way. now let's talk about scope of conduct and application of guidelines.
AUSA Kathryn Rakoczy: scope of related conduct question. in definition of "relevant conduct" encompasses defendant's acts & those of others in
/32

within the scope of the jointly taken criminal activity and reasonably foreseeable conduct. ... all harm that resulted from defendants' acts or those of others who engaged in that joint activity.
for these 9 defendants, govt says each engaged in jointly undertaken
/33

criminal activity. Encompasses all the acts of these co-conspirators.
Rhodes presents much easier question. he's leader of this conspiracy. how he exercised control, instigated this conspiracy--court has already made findings of fact that he implicitly and explicitly directed/34

line 1 (14 people) and line 2 (5 people in stack formations) to enter the Capitol that day. ... and also [creating] the QRFs ...
Rakoczy continues: "substantial interference in administration of justice": Chief Judge Howell found in Rubenacker that it was ludicrous to think
/35

that participants in riot did not participate in interference in administration of justice. we think facts support that [Rhodes led] at least 30 individuals to Capitol. ... substantial expenditures on part of govt to prosecute ... involvement of various LE agencies ...
/36

Rakoczy continuing: moving on, next issue: leadership enhancement. court looking for some evidence of "control" here. hierarchy does play a role. it's our position that all 9 of these defs did play a hierarchical role here. ...
/39

Rhodes was at top. founder of OKs and president, leader for life. ... you heard from cooperators that they believed there was a specific hierarchy. Dolan spoke about a team that reported up thru harrelson to Meggs to Rhodes. ... Bennie Parker said he was recruited by Watkins
/40

and then listened to her about bringing guns. ... Ways Roberto Minuta led 2d group. Ed Vallejo led his QRF team at hotel. ...
from our perspective this is a leadership structure. some level of enhancement appropriate across this case [for all 9 defs]. Rhodes the actual leader/41

Rhodes own words explicitly state his view that he was leader.
He was at top , there were state and regional leaders, rank and file after that.
Siekerman and Greene in overall charge of operations on J6 ... everyone bringing a team ... but with himself at top.
/42

Rhodes approved aspects of operation. Meggs discussed with him the QRF ... Rhodes: "we will have a QRF, the situation calls for it." Rhodes is approving Meggs operational proposal.
Judge: Must enhancement be either 4, 3 or zero?
Rakoczy: that's our reading.
/43

[Leaders/organizers get 4 point enhancement; supervisors/managers get 3-point enhancement.]

/44

Rakoczy now turning to terrorism enhancement.
R: where defs convicted of seditious conspiracy to stop transfer or presidential power -- hard to not see that as terrorism ... "calculated or intended to result in coercion or intimidation of the govt."
/45

Rakoczy: we disagree with Mr. Woodward (for Meggs) that there's got to be either a 12-point enhancement or nothing. we think you can apply less than 12 levels. The 6-level enhancement is half of the 12 that couldve been imposed. this group did not cause loss of life.
/47

... but organizing force across the river comes pretty close. hard to forget chilling words of Rhodes on J10 about ~I should have called in the qrf on J6.~ this is terrorism. it's not blowing up a bldg, but in light of threat of harm & historic nature of attempting to stop
/48

certification of an election for the 1st time in american history, 6-point terrorism enhancement is appropriate.
I have thoughts about why a sentence of 25 yrs is appropriate that i can address at the end.
/49

[All this discussion about the phone call is a 3-way call between Rhodes, Meggs, and Michael Greene that took place just moments before Meggs led 14 OKs up Capitol steps and into Capitol.]
/63



Judge: 2 important issues. 1. mr. rhodes stands convicted of seditious conspiracy. 2. the facts i recited yesterday -- not going to recite again today -- all those facts and inferences i drew yesterday (with one exception) i'm incorporating into the record.
/71

some broad strokes of my findings by preponderance of evidence. Mr. R was convicted of leading conspiracy to oppose by force lawful transfer of power after 2020 election. ... because Mr. R position at top of hierarchy of Oks and conduct and actions & words i ascribe actions
/72

of all his coconspirators to him as well. ... in furtherance of conspiracy and reasonably foreseeable. he used violent imagery and language, drew comparisons to american revolution & civil war to inspire use of force ... signal messages & actions of coconspirators showed
/73

mutual understanding that force might be required. ...common understanding that force might be used to oppose transfer of power including on J6 itself. he and coconspirators brought weapons to area. fact never brought into city does not defeat reason he brought them

/74

ample evidence of consciousness of guilt. sought to cover his own actions and those of coconspirators. within 48 hrs told everyone on Old Leadership Chat to delete signal chats and "shut the (expletive) up." why else? ...
/785 (sic)

it was reasonably foreseeable to rhodes that people were going in. he wouldve known objective that day was to resist transfer of power. when things went to hell at capitol he didn't tell people to stay at bay. he told them come to me, i'm on south side of capitol.
/77

why do that if he didn't know they'd join the melee? it defies explanation. why would he order & bring another 30 people to capitol if he didn't want them to go in. just not plausible.
it was reasonably foreseeable to him that people wouldve entered the bldg, use force

/78

once within the bldg. clearly foreseeable. no doubt in my mind.
closer question: whether i can conclude by preponderance of evidence that he in fact approved their entry into capitol. Mr. Bright, you're right, there's evidence could cause a reasonable jury to question that.

/79

but here's what other evidence showed. this was extremely hierarchical organization. rhodes was one giving orders. organizing teams. he was the reason they were in DC on J6. ... given that i find it hard to believe Meggs wouldve led those people in there without green

/80

light from Rhodes. why? 1., hierarchical relationship. 2. testimony at trial: Meggs was trying to get ahold of somebody and thought it was Rhodes. a 2d witness said Meggs was contemplating whether to go in. then Caleb Berry said Meggs said: we're going in to stop the vote.
/81

i don't ascribe Meggs ability to do that without clearing it with Rhodes. ... Rhodes not only knew but in some sense authorized it.
after J6, true testimony from dolan that he heard rhodes say "that was pretty stupid." exact testimony was a little equivocal.

/82

... Dolan-- 'i believe he was talking to kelly at the time but i'm not 100% sure.' Greene's testimony: somebody mentioned somebody by name and said they went in and stewart said that was (expletive) stupid. so some evidence.
but compare that to what he said afterward. ...
/83

not once did Rhodes say on signal chats that he regretted people going in. not once. then there's consciousness of guilt. ... not just protecting others; protecting self. he's Yale Law grad, pretty smart guy.
i find he knew and approved entry into capitoil.
/84

as to "due administration of justice" ... essence of seditious agreement represented threat to threat to others and members of congress. arsenal on other side of potomac ... conspiracy contemplated use of force ... threatened physical harm to staff members of speaker ...

/85

Rhodes responsible for actual injuries to certain officers & threatened injuries ... to officers Salke and Carrion near the east rotunda door. officer christopher owens and others in senate hallway who faced def watkins. officers jackson and martha lazzo who
/86

were object of Joshua James's assault. ... threats to Pelosi staffers cowering in fear in conference room when [meggs & others were outside]
proceedings were adjourned for some period of time. that's substantial interference with administration of justice. it was obstructed

/87

additional costs in terms of cleanup and additional Secret Service personnel that had to come to capitol.
substantial planning for events of J6. even if just take timing from 12/19 forward. ... hotels, bringing weapons, creating groups. ...
/88

they way people entered in a line -- whether you call it stack or not -- that shows organization and planning.
Rhodes was top of chain. not just founder & leader. OKs don't come to DC on J6 but for Mr. Rhodes. ... he directed coconspirators to capitol & they abided.
/89

He told them to come to capitol. ... There was testimony that he would have been the one to say whether to bring the arms in [to DC]. he referred to Minuta as "one of my most trusted men" suggesting control. he designated siekerman & greene & meggs as operational leaders.

/90

so 4-level enhancement for leadership applies. not a close call.
the 6-level enhancement for terrorism--definition of seditious conspiracy meets that. ... their objective was to affect conduct of govt thru intimidation & coercion by means of force.
/91

In terms of levels. i disagree that it's an all or nothing proposition. [i.e., 12 levels or nothing]. it only establishes a cap, not a floor. I think the 6 levels is appropriate. how do i get there? this is separate and more serious conduct than what's captured by guideline.
/92

this is an additional level of planning and targeting of institutions of american democracy at its most important point--its transfer of power. that's what jury found and i agree with them.
a 6-level enhancement is appropriate.
what all of that means-- 3 other things
/93

defense has requested 2 level reduction for acceptance of responsibility. I [reject] that. Mr. R's comments since J6 ... clearly demonstrate no acceptance of responsibility.
defense has requested downward departure for military service. ...
/94

doesn't apply here. R served country but not to an unusual degree. i'm not going to say there weren't charitable purposes that OKs [sometimes] undertook. but not extraordinary and doesn't eclipse what happened on J6.
...
/95

guidelines calculation is for seditious conspiracy: treason is analog but conduct not "tantamount to waging war" so all in agreement that guideline [begins with obstruction of justice] ...
/96

base offense is 14. 8-level enhancement for causing or threatening injuyr. 3 -levels for interference ... etc etc ... total offense level of 39
guideline range: 262-327 months
Rakoczy: govt asking 25 yrs incarceration. in middle of applicable guidelines court just found

/97

From AUSA

J6 neither 1st nor last time he will seek to organize political violence. ... he's been calling for violent [resistance] to govt for well over a decade. ... he continues to advocate for political violence. ... from jail. just 4 days ago he addressed by phone

/103

a 'freedom corner rally' ... warned those in attendance "they're going to keep coming after those on political right. it's a terror campaign against political opposition. it's not going to stop till it's stopped we're going to have to stop it. it's going to take regime change."

Most of us want to believe J6 was an outlier. Not defendant Rhodes ... the court should and must impose sentence of 25 years.
/105

Defense

Atty Phil Linder (Rhodes): ... govt wants you to sentence rhodes out of fear. fear he'll do it again. they want to make Rhodes the face of J6. ... want 25 yr sentence. nothing has come close to that. go back to election in november. rhodes is upset as are millions of americans.

/107

he didn't start million MAGA march (11/14), Jericho March (12/12) , or J6. ... if he'd been called away, J6 would still have happened. ... want to put a face on J6, put it on Trump, right-wing media, politicians ... Rhodes just participant. didn't create it.

/109

...Bright now letting Rhodes speak on his own behalf

/113

Rhodes: start by saying i'm a political prisoner. like pres. trump and my only crime is opposing those who are destroying our country. ... using protected speech because of systemic violence of left to shut down speech of trump supporters. ... started at the trump inauguration

we started protecting vulnerable trump supporters from attack by antifa ... none of them was ever prosecuted to my mind ... obviously seditious conspiracy trying to stop transfer of power (to trump). we've protected people outside trump rallies from antifa ...
/115

antifa like to have unarmed victims. ... [now giving alleged examples] we stepped up across country to protect unarmed or elderly back to their vehicles. shouldn't have to do that in this country. repeated systemic examples ... one in Berkeley ... transgender trump supporter
/116

attacked. we stepped in. did so peacefully. we deterred antifa. ... that's been our focal point. unlike characterization of southern poverty law center. our people are nonviolent. ... zero record of actual use of force. we deter like other groups--unlike Proud Boys--who

/117

seek out street violence.
in DC we did [many] security operations without incidents, without a hitch. give our people option to wear helmets and body armor because antifa stabs people, throw bottles, [other things].
on J6 i did not go inside. nor did i expect anyone else
/118

(I hope Tarrio saw that bus coming and got out of the way)

to. i'd just spoke at Latinos for Trump rally about block north. when i was standing at NE corner of capitol, that's where next event was going to be for ali alexander.
kelly meggs team was escorting people from ellipse to ali alexander's event.
/119

my concern was they would get caught up in turmoil outside capitol. ... wanted to make sure they didn't get caught up. that's why i said 'if anyone is not still on duty come to us.' when they did come to me, they said they'd gone inside and i said that was stupid.

/120

mr greene was actually in charge of assigning the teams that day. i never take personal leadership unless i have no choice. greene is retired police officer. i put good men in charge, trust them to do right thiing. on J6 saw a problem. saw a riot happening. ...

/121

(I hope Greene got out of the way of that bus too)

didn't want our guys to be part of it. so i said, 'come to me.' wanted them to be with mr. greene and me. to keep our guys from being caught up with that.
josh james was with team protecting roger stone ... didn't want them caught up with this. no OK took part in any

/122

of the fighting. no OK punched anyone, kicked anyone, pepper sprayed them, struck them with stun gun. worst thing an OK did that day--jessica watkins pushed in senate hallway. she was leading her own little militia. other one was josh james. he lost his military bearing ...
/123

[feel for the police who testified yesterday]. none of us caused that. bizarre to hear all that. find it offensive frankly. this has been. a surreal experience. feel i'm the lead character is Kafka's The Trial. ...
[now objecting to characterization of OKs as ...

/124

white supremacists] ... find that very offensive. ... all meant to smear the Trump supporters. and link them to the KKK--which was a Democrat organization. ...
the OKs--the NYT blames the OKs and PBs. they hate us because we stopped the violence in the street and they don't
/125

ike that.
Judge: I'm going to ask you to wrap up ...
Rhodes: ... after i said we need "regime change" [in interview 4 days ago] I said I hoped Trump won in 2024. Rakoczy took that out of context. ...
Every J6-er is political prisoner. all being grossly overcharged.
/126

it's not going to deter people. it's going to make people even more [angry with the govt].
[Rhodes now talking about the TX v. PA original suit in Supreme Court ... claiming constitutional problems.]
i cannot ignore text of constitution under my oath. ...

/127

characterizing trump supporters as racists or fools is not going to help. ... Rhodes says he is the "american solzhenitsyn to expose the criminality of this administration."
Rhodes done.
Judge: Short break.

/128



For those without a calculator, the guidelines that Judge Mehta has found to apply to Rhodes—262 to 327 months—come to 21 yrs 10mos to 27 yrs 3 months. Those were the guidelines the govt sought. Thus, its recommended sentence, 25 yrs, was toward middle of his guidelines.
/129

Judge Mehta back on bench.
(Note that max for seditious conspiracy is 20 yrs, so to achieve 25 he would have to impose some consecutive sentences.)
/130

the danger a conspiracy creates not confined to [facts that occur]
seditious conspiracy ... at start of civil war ... treason was primary tool available but constitution defined that narrowly. congress enacted statutes ... seditious conspiracy is among most serious crimes

/135

an american can commit. offense against the people of the country. it's not confined to one day. actions of one day. it's a series of acts in which you and others committed to use force including potentially with weapons against govt of US as it transitioned from

/136

from one president to another. what was motive? you didn't like the new guy. i get it. let me be clear. ... we don't paint with a broad brush. shame on you if you do. just because you support former president doesn't mean your white supremacist. you voted for other guy ...

/137

but what we cannot have, absolutely cannot have is group of citizens who because they didn't like outcome of eleciton or because they didn't think law was carried out way they think it should be were prepared to take up arms to foment a revolution. that's waht you did..
/138

those are your words not mine. you're not a political prisoner. you're here because 12 jurors in DC who acquitted you of multiple counts found you guilty of sedition. jury of your peers. make no mistake.
2 enduring impacts of J6 ... now all hold our breaths every time

/139

an election approaches.
otehr enduring legacy is what we saw yesterday: heroism, of police officers and people working on capitol hill that day to protect this democracy as we know it. they laid their bodies on the line.
/140

you talk about keeping oaths? nobody more emblematic than those police officers, Mr. Rhodes. their heroism, stamina, courage--but for their acts couldn't have been far blacker day than one already one of blackest of this country.
/141

you recently said in an interview that 2020 election not only stolen but taken by unc'l means ... you said you had to find a way to fix that ... l
nothing has changed. moment you are released you'll be prepared to take up arms against your govt. because you think that's

/148

appropriate way to find redress ... i'm not making this up ... you said under oath ...
Q. you and OKs were prepared to take steps to alter or abolish this govt ?
A. prepared to take steps, walk founders' path, yes. i hope that conflict can be avoided. i really do. ...

/149

but when govt steps outside constitution, puts you in a bad place. ...
Judge continuing: when you find yourself in a bad place, rest of us are too. we're all objects of your wilingness to engage in violence. we just cannot have that in this country.
/150

you are committed to custody of [Bureau of Prisons] for *216 months -- 18 years* ... on counts 1, 3, and 7

/151

Judge Mehta discussing other conditions after he reaches after supervised release.
But SENTENCE IS 18 YEARS.
/152

Judge Mehta's final words: Mr. Rhodes, good luck to you.
Adjourned.
[I think we're resuming at 1:30pm for Kelly Meggs' sentencing hearing.]
/154

[ti-amie]

Roger Parloff
@rparloff
·
1h
[To remind everyone, Meggs was convicted of 5 of 6 counts, including the top count, seditious conspiracy. The govt's computation of his guidelines, before terrorism enhancement, would be 135-168 mos. After a 4-level terror enhancement proposed by govt, they'd be 210-262 mos.
/158

[Govt is seeking 21 years (252 mos) for Meggs. Obviously, he won't get that, given that Rhodes was sentenced to 18 years (216 months). ]
/159

just going to hit the highlights.
1st, meggs was effectively Rhodes 1st deputy with respect to the charged conspiracy. perhaps not with respect to OKs overall, but with respect to the charged conspiracy.
seditious conspiracy to oppose by force the transfer of power ...
/171

"This is moment we signed up for"--not a reference to security details. ... Meggs Signal comms from 12/19 forward are indicative. "Real question is who's willing to die." "we need to surround capitol with patriots ... scare the hell out of them" "we need Trump ...
/173

there's going to blood in the streets no matter what."
Not boasting, not hyperbole or rhetoric. jury took it seriously and i do as well.
Meggs was key organizer in op coming to DC. he was FL lead. actively planned with others in OH. transportation, hotels, weapons. ...
/174

... Coordinated with Paul Stamey about QRF at Comfort Inn. Brought many weapons to QRF in his truck. Key organizer and contributor of weapons to the QRF. His role in that respect can't really be disputed.
fact weapons never brought into city does not defeat
/175

conspiratorial plan to bring those weapons into the city if needed.
... Mr. Dolan's testimony: guns in his view ... would be used even if Insurrection Act invoked to prepare for pro-Trump versus Pro-Biden violence--street warfare in essence.
/176

Little doubt Meggs was leader of group that entered Capitol. Caleb Berry testified: Meggs was leader. there was testimony that Meggs was trying to reach Rhodes on way to Capitol. Scope of that conduct included Ms. Watkins' conduct. all entered together. Isaacs 1st thru door
/177

but Meggs appears to be motioning OKs through the door. ... they were not waiting for a security detail at the stop of the steps. given meggs height he could see officers struggling to keep rioters at bay ... meggs making no attempt to assist officer salke or carrion who

/178

were doing best to guard the doors and keep people out.
once inside Meggs led group to hallway outside Speaker's suite ... [while staffers hiding inside] ... in evening hours of J6, someone wrote: we were hoping to see Nancy's head rolling down stairs and Meggs responded,

"We looked for her."
Evidence Meggs continued to believe in conspiratorial objective after J6. ... best exemplified by his response as to whether he'd join Rhodes in TX and his response was: FL won't leave until shots fired.
Meggs deleted his signal app from phone
/180

after learning that Watkins and Crowl and Caldwell were indicted. Meggs and Harrelson then consulte3d with each other about deleting signal app. suggests consciousness of guilt. augurs for 8-level enhancement for interference with due admininstration of justice. that

/181

given seditious conspiracy conviction and also 1512k conviction: these are both sufficient to meet terrorism enhancement. Meggs conduct "calculated" to influence or affect conduct of govt by coercion or intimidation. Govt asks for 4-level enhancement; i'm going to give him

/188

3. to show that Rhodes, who got 6, stands apart. Rhodes is intellectual leader. not absolving Meggs of responsibility but it's because of Rhodes that Meggs is sitting here today. rhodes culpability is worthy of greater enhancement, so i've halved the number of levels .

/189

there's the video of the urban warfare training. i understand it wa slegal when done, but what happened later may put it in a different light. you were prepared to use a long gun in an urban center. instructor said long guns were offensive weapons.

/191

you and your cohorts brought a lot of long guns to the QRF.
Meggs does not qualify for the acceptance of responsibility.
Guidelines calculations for Meggs:

/192

total offense severity: 33 + 3 for terrorism enhancement: 36
188 mos to 238 months & fine of $40K+
Atty Woodward: i want to make record, our position is that because jury did not check 2d box for seditious conspiracy the jury did not find [the prevent hinder & delay prong]
/193

Your point is noted. i disagree with it. instructions were quite clear jury only needed to find guilt to one prong so fact jury didn't check 2d box doesn't mean they acquitted him of that conduct.
Judge calling for 15 minute break before "allocutions."
/194

So for those without a calculator: the guidelines Judge Mehta has calculated were 188-238 months, which includes a terror enhancement (2d in a J6 case, after Rhodes) but slightly less than govt sought. That's 15 yrs 8 mos to 19 yrs 10 mos. But, also remember, that ...
/195

Meggs attorneys and AUSA's allocuting

Meggs wrote a letter talking about his father.

His wife (Meggs) also wrote a long letter

Loving wife. Grandkids. Family man. The usual

The Judge took a break.

Judge: Beginning with guidelines: 188-235 months. [I thought he said 238 before.]
... [he's reading statutory factors he's supposed to take into account when sentencing]
addressing issue of disparities. ... as i said earlier today i don't think other J6 cases are useful

/244

as comparators because none involve conspiracy let alone seditious conspiracy.
i have however considered other sentences in seditious conspiracy cases ... not only Rhodes's but also other sentences coming down the road to ensure proportionality.

/245

nature of circumstances of crime have been discussed ... Meggs says he was part of personal security detail ... only in Rotunda relatively short period of time ...
not directly involved in physical altercation with police but some of cohorts were ...

/246

one of most serious offenses an American can stand convicted of ... jury found you were prepared to take up arms against your govt.
2 enduring legacies of J6: 1. impact on politics/elections. we now hold our collective breath that each election won't see such violence

/249

This one is live so I'm sorry I couldn't do a TL;dr at the top

Did you believe Rhodes's words were just bombast? one message--okay. 2 messages. 3. but i don't understand ... "easy to chat here. but the question is who's prepared to die." to die. doesn't soun d like planning for a security detail. you texted mr. liggett from another

/264

militia group, talking about how many Proud Boys you'd have as force multipllier. doesn't sound like a security detail.
12/25: "get up close to capitol then at night whatever happens happens." doesn't sound like security detail.
"our peaceful protests need to have more teeth"/265

"there will be blood in the streets no matter what." "tree of liberty needs to be refreshed with the blood of patriots from time to time"
i understand mr. meggs that when you look at evidence and look into your heart you see different conduct than jury saw. that's okay.

Judge re Meggs

/266

it's a testament to who you are. your family, son, wife, grandchildren obviously care great deal about you. people in your community. i dont discount any of that. i feel your pain.
it's astonishing to me how avg americans somehow transformed into criminals in weeks

leading up to and on J6.
regrettably everytthing you did vanished in matter of couple months.
planning scheming with others to bring rifles to DC became more important than family. contemplating violence on streets ... maybe you were just under spell of Mr. Rhodes.

unlike Rhodes who i think continues to pose real threat to republic, but you do continue to say things not consistent with reality. you told Fox police thought it was okay for you to walk thru that door. that somehow if there were more CCTV footage available you'd be

/272

exonerated. your lawyers had access to everything. ... you recently called everything that happened here a BS trial.
but in the end mr meggs there are factors that are weighty beyond the remorse you know have. factors to make sure people in this country understand

/273

that violence cannot be resorted to simply because you don't like the guy that got elected. don't take to streets with rifles. don't hope president invokes insurrection act ... dont rush into US capitol to stop electoral count. if we don't make sure that kind of conduct
/274

has consequences we will slowly but surely [die as a republic.]
I commit you to the custody of the Bureau of Prisons for concurrent terms of 184 MONTHS.
SO FIFTEEN YEARS AND 4 MONTHS.

/275

[is not acceptable].
Judge then sentences Meggs to 144 MONTHS. [I heard wrong the first time and have deleted my original tweet. Strongly regret my error.]
/275

Oh, SORRY, EVERYONE ELSE HEARD 144 MONTHS. not 184 months.
I guess that's it.
/276