By Matthew Russell Lee, Patreon Podcast Song Filing II Video Podcast
BBC - Guardian UK - Honduras - ESPN
DC SUPERIOR COURT, August 23 -- Months after the Federal DC Circuit's decisions in US v. Munchel and more recently Tanios, on August 23 DC Superior Court Judge Harold J. Cushenberry had before him the Proud Boys' Henry Enrique Tarrio, for sentencing. [He got 155 days, see below] Inner City Press live tweeted it, here:
In DC Superior Court, in the sentencing of Proud Boys' Henry “Enrique” Tarrio, his video cut off. He comes back and asks, where was I?
Judge Cushenberry: You were apologizing.
Tarrio: I hope Reverend Mills forgives me.
Judge Cushenberry: Mr. Tarrio has cross the line from peaceful protest to violent and potential criminal conduct. Acceptance of responsibility bears weight, but the court agrees with the government this remorse is not genuine
Judge Cushenberry: His boastful social media posts on Parler... Defense counsel's claim that Mr. Tarrio did not know where the banner was taken from is totally unconvincing. Judge Cushenberry: While high capacity magazine are legal elsewhere they are illegal in DC. His claim he did not know it does not impact the validity of his plea. His ignorance of the law claim is not credible.
Judge Cushenberry: Mr. Tarrio didn't care, is my opinion. He cared about self-promotion, not the laws of DC. He has been convicted of crimes in DC. Probation, Mr. Tarrio, is a privilege earned, not a right. We must deter others.
Judge Cushenberry: I impose a sentence of 240 days [something about 150 days] ... a fine of $500... A probationary period of three years. On destruction of property, 60 days consecutive. Another $500, he can have a year to pay it since he'll be incarcerated
Judge Cushenberry: To Reverend Mills, you've had to pay for security. I cannot impose that penalty without having documentation that they could have provided. I would have had the power to impose an additional amount. You can sue Mr. Tarrio
Judge Cushenberry: Mr. Tarrio, you can self-surrender to the DC Jail. If you fail to report in 2 weeks the court will issue a bench warrant - you will be found and incarcerated - the full term could be executed.
Judge Cushenberry: I could give you a date certain in two weeks. I'll go off line.
Court clerk: So it's 240 days, execution of sentence as to all but 150 days?
Voice: There's a 180 day maximum on that.
Judge Cushenberry: I'll have to resentence him on that
Judge Cushenberry: Mr. Tarrio, since the US prosecuted these as misdemeanors, the sentence I imposed would have been illegal. So it's 150 days, suspended except for 125 days on each count.
Tarrio: Back to back? Judge: Yes. And on the property 30 days, consecutive.
AUSA: Could the restitution be held in abeyance until we provide documentation?
Judge Cushenberry: You had plenty of time, so I'm not going to do that. The church can pursue their civil remedies. Adjourned.
Update: the consensus seems to be that it's 155 days...
On Jan 6 (Federal) defendant Kenneth Harrelson on August 5, Inner City Press filed a letter and motion with Judge Mehta, on its DocumentCloud here.
On August 16, this: "Judge Mehta is in receipt of your email requesting access to the videos filed in United States v. Harrelson, No. 21-cr-28-10. Under Standing Order No. 21-28, in order for the court to grant Inner City Press access to the videos filed in Mr. Harrelson’s case, you will need to file an application for access pursuant to D.D.C. Local Criminal Rule 57.6."
That rule provides: "Any news organization or other interested person, other than a party or a subpoenaed witness, who seeks relief relating to any aspect of proceedings in a criminal case... shall file an application for such relief with the Court. The application shall include a statement of the applicant's interest in the matter as to which relief is sought, a statement of facts, and a specific prayer for relief."
So, citing the Rule, Inner City Press filed another letter, one page, docketed here
Podcast here. And Podcast II of August 19 here.
Now on August 19, it's been granted (shouldn't have been necessary): "MINUTE ORDER as to KENNETH HARRELSON (10) granting Inner City Press's 343 Application for Access to Video Exhibits. The United States shall make available to Inner City Press the video exhibits entered into evidence during the detention hearing of KENNETH HARRELSON (10), consistent with the procedures set forth in Standing Order 21-28. Inner City Press is granted permission to record, copy, download, retransmit, and otherwise further publish these video exhibits. Signed by Judge Amit P. Mehta on 8/19/2021."
So now, immediately, put on Inner City Press' YouTube, video here
Similarly, Inner City Press asked DOJ and then Judge Timothy Kelly for access to the videos that DOJ had shown to the court in the case: judicial documents that, under case law, must be made available to the public. But it was denied access, on the theory that Judge Kelly's order earlier in the month limited access to these judicial documents to a particular sub-set of the public.
Inner City Press on July 27 wrote to Judge Kelly, including in the form of a motion, now on DocumentCloud, here. By noon the next day, July 28, nothing - no responses, no response. We'll have more on this. For now, podcast here; music video here.
Inner City Press live tweeted Riley June Williams on January 25, here.
From January 22, song here: Thread here.
Inner City Press' John Earle Sullivan song on SoundCloud here.
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