Marcy Wheeler re Hodgkins' sentence: This is not the baseline

[mcar]

Judge Randolph Moss just sentenced Paul Hodgkins to eight months in prison for his role in the January 6 riot. Hodgkins will face two years of probation and pay the $2,000 restitution agreed on in his plea agreement (though will not be fined). The sentence was about what I expected, and a fair sentence for someone who pled guilty first and engaged in no violence (and even tried to calm other rioters).

As I noted here, the important part of this sentence is how Moss got to the sentence. Moss treated January 6 as a grave danger to democracy, and set a sentence to send a message that January 6 was a grave danger to our democracy. But he also noted that Hodgkins pled guilty first, and did not engage in violence. He even noted that Hodgkins had not engaged in inflammatory speech online, as virtually all January 6 defendants charged with obstruction have. That is, Moss sentenced Hodgkins roughly according to this hypothetical I laid out:

Judge Randolph Moss might explain that he finds Hodgkins’ behavior to be a grave threat to democracy and say that with any other similarly situated defendant, he would sentence him to the maximum sentence in his guideline, 21 months, but because Hodgkins went first, Moss will give him a significant downward variance; that would allow him and all other DC judges to sentence hold-outs more severely than Hodgkins....

This is not the baseline sentence for all January 6 rioters accused of obstruction. It is a sentence that was available to Hodgkins and few others.

https://www.emptywheel.net/2021/07/19/paul-hodgkins-sentenced-to-eight-months-sentence/

[KS Toronado]

1. This helps explain why he got a light sentence.

" allow him and all other DC judges to sentence hold-outs more severely than Hodgkins...."
That's the best line.......MAKE IT SO! I'm waiting...

[mcar]

2. I felt relieved reading that, KS Toronado

Marcy usually knows what she's talking about.

[KS Toronado]

9. Yes she does......

and she was basically saying 8 months is the least amount of time people will get for simply
walking into the Capitol Building and walking around. Now, if you broke windows, stole items,
attacked Capitol Police, was carrying a gun, put your feet up on someones desk, damaged
anything, etc etc etc....you're in deeper shit.

[greenjar_01]

3. I agree that it's a fair sentence given the facts and I'm not sure why everyone's so upset about it

[mcar]

4. I'm guessing because people don't have a clue about the sentencing guidelines

Also, justifiably, looking at harsh sentences for Black people and POC for other convictions. But those are separate issues.

[Fullduplexxx]

6. Because he took part in an insurrection who would have murdered nancy pelosi if they got their

Hands on her ...

[brush]

8. Wake up. It's obvious white, male privilege.

He engaged in an attempted coup aimed at hanging Pence and killing the Speaker.

[we can do it]

16. They're all mostly white men.

[brush]

17. And what do you think the sentences would be Black men and other POC?

They wouldn't get such a light sentence.

[we can do it]

18. If you had read the article, he ratted out others and copped a plea.

[brush]

19. I know that. I also know the prosecutor recommened 18 months.

[BradAllison]

11. Because there always seems to be excuses.....

"Don't worry, we promise the next sentence will be really strict!!!!"

[Tomconroy]

5. He certainly got the benefit of pleading early.

I would think though that anyone who pleads in the next few weeks would get some consideration. I think the judge was trying to give some defendants an incentive to plead quickly.

[lagomorph777]

7. I hope that's true.

[getagrip_already]

10. he is also a cooperating witness....

and a promise to cooperate with federal prosecutors in their ongoing investigation into the riot.

That was from another article. But, could be he is ratting others out. That always helps at sentencing.

[mcar]

12. That sure does

and I hope he is doing that.

[calimary]

13. Better not be. I'd throw the book at these assholes.

On principle. Make examples of every last lousy one of ‘em - as a cautionary tale to other potential nogoodniks.

Hell, I’d throw the whole freakin’ LIBRARY of books at ‘em.

[Warpy]

14. Exactly, he was cooperating and plea bargained down

and unless he's a complete jerk in the joint, he'll be out early. Fanatics who are still clinging to the righteousness of their cause will not get off this lightly, they're likely to have the book thrown at them, especially the first few who are sentenced. The rest might find it in their interests to start cooperating, also.

My guess is that Buffalo Horn Pooh-Bah is going to be eating non organic prison chow for a very long time.

I just hope others are more sensible and allow the DOJ to nibble up the food chain and get to the organizers and funders.

[Ilsa]

15. Then I hole to see other sentences extending into

many years for the violent traitors.