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
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.
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