Jan. 6 sentencing...

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wrenhal

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Aug 11, 2011
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#21
People should be outraged at both.
Yep....outraged they happened and the damage and destruction.

The people responsible in all cases should be held responsible and face charges for the roles they played

People should be VERY aware there are two very distinguished and separate realms in these issues. One is a States issue and One is a Federal Issue. Besides that, I don't see them as being different

One should be handled at the States Level and One should be handled at the Federal Level.
Those who caused destruction should face justice.
At what point, though, should the federal government be able to step in if the state and local authorities appear to have abandoned their citizens to the criminals?
I'm not saying we've reached any point like that, but some of these states/cities don't appear to be trying very hard.
It's a fine line, but when does the welfare of the law abiding citizens take precedence at the federal level to that of the states?

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okstate987

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#25
Aren't there many that plead down from greater crimes, to decrease their sentences?

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Thr burden of proof would be yours to make in that regard. I haven't seen any hard evidence to suggest that is happening with any sort of regularity.
 
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llcoolw

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Feb 7, 2005
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#27
https://news.yahoo.com/first-capitol-riot-felony-prison-154956504.html

The first Capitol riot felony prison sentence signals to other insurrectionists that they'll get a better deal if they accept responsibility
Wed, July 21, 2021, 10:49 AM

A federal judge issued the first felony prison sentence against a Capitol rioter on Monday.

Paul Hodgkins, 38, was sentenced to 8 months in prison and must pay $2,000 in restitution fees.

Former prosecutors say that set a precedent for other Capitol rioters to plead guilty early and accept responsibility.
A federal judge sentenced a Capitol rioter on Monday to 8 months in prison, less than half the 1.5-year sentence that prosecutors requested.

Paul Hodgkins, 38, traveled to Washington, DC from Florida in January to support former President Donald Trump, according to a criminal complaint. After Trump's January 6 rally near the White House, Hodgkins walked to the Capitol building, where Congress was in the process of certifying the 2020 election in favor of President Joe Biden. The complaint states that Hodgkins entered the building about at 2:50 p.m., about 30 minutes after both chambers of Congress had evacuated.

Hodgkins was ultimately charged with three separate violations, though he pleaded guilty to a single count of obstruction of an official proceeding. While prosecutors did not accuse Hodgkins of damaging the building, they noted at the sentencing that Hodgkins brought a flag, rope, and white gloves to the Senate floor, which they equated with "intimidation."

Former prosecutors and legal experts told Insider that the judge's decision to halve the prosecution's requested sentence sets a precedent moving forward: if Capitol rioters plead early and accept responsibility, they'll likely receive a lighter sentence.

Joel Hirschhorn, a criminal defense attorney with Florida-based law firm GrayRobinson, told Insider that one likely reason for Hodgkins' shorter sentence was how quickly he pleaded guilty.


"We don't have access to the confidential pre-sentence investigation reports, but I do think that sentence is an accounting principle which all criminal defense lawyers know: FIFO, or first in, first out," Hirschhorn said. "That means early pleaders and early cooperators generally get the best deals."

Early pleas help the government process hundreds of Capitol riot cases

Neama Rahmani, a former federal prosecutor and the founder of West Coast Trial Lawyers, told Insider that admitting fault and owning up to the charges can help reduce a sentence.

"Acceptance of responsibility is a very important principle that judges consider folks that plead early," Rahmani said. "They save government resources and they save court resources because there will be some defendants here that are on the political fringes as well to push these cases to trial."

As of mid-July, at least 582 people had been charged with crimes stemming from the insurrection, and 16 people had pleaded guilty in connection with the riot.

Rahmani said federal courts are used to handling longer investigations against "high-level individuals" and are not equipped to process high volumes of "reactive crime." In other words, the federal court system is not set up to swiftly adjudicate hundreds of cases akin to breaking-and-entering or trespassing, so Rahmani said it must find a way to triage the Capitol riot cases.

For example, according to a recent report from Insider's C. Ryan Barber, federal prosecutors told lawyers for several rioters that defendants who stepped foot on the Senate floor would receive a felony conviction even if they entered into a plea deal. This message could incentivize earlier guilty pleas and free up the court's resources, as defense attorneys would theoretically spend less time negotiating a lower-level misdemeanor charge for their clients.

When determining a benchmark for sentencing, prosecutors and judges are instructed to look to federal sentencing guidelines. The person being sentenced racks up "points" based on their prior criminal history, the nature of the offense, and additional factors.

Using the federal sentencing guidelines, the US Probation Office calculated that Hodgkins' "total adjusted offense level" was 14, equating to 15-21 months in prison.

The US Supreme Court gave federal judges more leeway in sentencing when it ruled in 2005 that judges do not need to adhere to the federal guidelines manual, so US District Judge Randolph Moss had the power to disregard the Probation Office's calculation in Hodgkins' case.

Moss explained at the sentencing that Hodgkins' conduct was intolerable, but said he didn't view Hodgkins as dangerous.

"It's essential to send a message that this type of conduct is utterly unacceptable and that grave damage was done to our country that day," Moss said. "But at the same time, I do not believe that Mr. Hodgkins, other than having made some very bad decisions that day ... that he is a threat."

Read the original article on Business Insider
 

TheMonkey

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#28
How can we not let this guy help with the investigation?

Mr. Banks has come under criticism for arranging a trip for House Republicans to join Mr. Trump at a recent event at the southwestern border in which a participant in the Capitol riot at times served as a translator. Mr. Banks also released a combative statement Monday night in which he blamed the Biden administration for its response to the riot — which occurred during the final days of the Trump administration — and called the committee a creation of Ms. Pelosi’s to “malign conservatives and to justify the Left’s authoritarian agenda.”
 

Jostate

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#30
Democrat cities were offered help, especially to protect federal buildings. They refused it. I say that's on the mayor's and governors, not the feds. They offered. I think it's sad that the cry of "defund the police" was parked by many leftists, and now they are having to backtrack because of the crime increase.

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Who couldn't see that coming?
 
Mar 11, 2006
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#31
How can we not let this guy help with the investigation?

Mr. Banks has come under criticism for arranging a trip for House Republicans to join Mr. Trump at a recent event at the southwestern border in which a participant in the Capitol riot at times served as a translator. Mr. Banks also released a combative statement Monday night in which he blamed the Biden administration for its response to the riot — which occurred during the final days of the Trump administration — and called the committee a creation of Ms. Pelosi’s to “malign conservatives and to justify the Left’s authoritarian agenda.”
I might agree with Pelosi on her decision to reject the two Republicans on the commission if she hadn’t previously named Adam Schiff to the Capitol commission. Seems like if you name a shill from the left you can’t really argue about a shill from the right.
 

TheMonkey

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#32
I might agree with Pelosi on her decision to reject the two Republicans on the commission if she hadn’t previously named Adam Schiff to the Capitol commission. Seems like if you name a shill from the left you can’t really argue about a shill from the right.
Whataboutit? How does Schiff have any conflict of interest at the same level as Jordan or Banks? As a moderate Republican, I wish the commission were also moderates, but that’s a pipe dream.
 

CowboyJD

The Voice of Reason...occasionally......rarely
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#33
Those who caused destruction should face justice.
At what point, though, should the federal government be able to step in if the state and local authorities appear to have abandoned their citizens to the criminals?
I'm not saying we've reached any point like that, but some of these states/cities don't appear to be trying very hard.
It's a fine line, but when does the welfare of the law abiding citizens take precedence at the federal level to that of the states?

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The federal government should never be able to prosecute people for state crimes under state law.

Never.

NEVER.

They should stick to only those crimes which constitute a violation of federal law.

Forever.

It's not a fine line. It's the bright and red line of the Constitutional principle of federalism.
 
Oct 7, 2008
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#38
Republicans leaders: Lie about a stolen election and push conspiracy theories to their base.
Republican base: Storms Capitol in an attempt to stop an election.
Republican leaders: Why have the Democrats done this.
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