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If Trumpgrants blanket pardons, as expected at least for nonviolent offenders charged in the 2021 Capitol siege, the judiciary’s role in overseeing the cases would end immediately. If Trump were to also pardon violent offenders and seditious conspirators, those who are serving prison time could be released from federal custody.
“This may be, depending upon what happens outside these walls, the last one of these,” Judge Tanya Chutkan told the defendant, Brian Leo Kelly, who also pleaded guilty to a second misdemeanor charge, trespassing inside the Capitol.
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Others being sentenced Friday included Kellye SoRelle, who was convicted of obstructing justice because she encouraged the Oath Keepers to delete their January 6 plans over text; a pair of brothers who violently assaulted police at the Capitol; a man who broke down one of the original, 171-year-old wooden doors in the US Senate; and two men who separately sprayed police guarding the Capitol complex with chemical irritants.
FormerMetropolitan Police Officer Michael Fanone also appeared at the Washington, DC, federal courthouse Friday to provide a victim impact statement at another defendant’s sentencing – a man who had taken part in pulling him into the crowd of violent Trump supporters, who proceeded to tase and beat the officer.
Chutkan sentenced Kelly to 10 days in jail plus probation, community service and a restitution payment. She allowed him to walk out of the courtroom and voluntarily surrender at a later date – if he is not pardoned.
Kelly is among the nonviolent January 6 defendants, who walked through the Capitol halls, the air hazy from chemical irritants, filming on his cellphone and “taking photos as souvenirs,” prosecutors said.
“You became part of the effort to stop the peaceful transfer of power,” Chutkan told him. “I hope we never have something like this happen in this country. Before January 6, I didn’t think it could happen.
Chutkan, in an apparent allusion to Trump’s conspiracy case and his promise of pardons, added that she wouldn’t let her sentence for Kelly be influenced by “what might happen” or “who hasn’t been prosecuted.”
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Kelly, a welder and construction worker from Northern Virginia who had worked at Arlington Cemetery, said he had never been as close to the Capitol as he was on January 6. He added he went there “to support my candidate” but not to protest.
Chutkan talked about paying her respects to late President Jimmy Carter at the Capitol last week. “I was struck again how beautiful, and people came in and desecrated that beautiful space,” she said of January 6.
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“Some of them have protected me,” said the judge, who has increased security protection since being assigned the Trump case. “They don’t talk about it. They did their job. They understand what really happened that day and how close we came.”
In sentencing SoRelle to one year in prison plus three years of probation, Judge Amit Mehta told the former general counsel for the right-wing group that sedition is “the most serious criminal conduct that Americans can commit against their country.”
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Judge Reggie Walton, speaking to them in court Friday, said he had trouble understanding how the mob was “willing to trample our democracy.”
Judge James “Jeb” Boasberg, who is the DC District Court’s chief judge, noted the workload the court bore in handling the proceedings of nearly 1,600 Capitol rioters over the past four years.
“I am proud of the way this court handled this unprecedented and historic prosecution, that judges regardless of which president appointed them handled matters fairly and expeditiously,” he told 【 - Free Access to Community 】.
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