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In Jan 6 Case Fairlamb Pleads Guilty, Guideline 41-51 Months, FBI De-Brief, Video Issues

By Matthew Russell Lee, Patreon Podcast Song Filing
BBC - Guardian UK - Honduras - ESPN

FEDERAL COURT, August 5 -- After the DC Circuit's decision in US v. Munchel, DDC Judge Royce C. Lamberth had before him, for a guilty plea, defendant Scott Fairlamb. Inner City Press live tweeted it, here (podcast here; DOJ video Inner City Press after many requested obtained, here.)

Scott Fairlamb gets sworn in.

Judge Royce C. Lamberth: Do you understand you are entitled to a trial by jury? Fairlamb: Yes your Honor. Judge Lamberth: If you plead guilty you waive your right not to incriminate yourself, do you understand?

Fairlamb: Yes your Honor. Judge Lamberth: Count Two reads, On or about January 6 you attempted to and did corruptly.. enter the Capitol and obstructed

Judge Lamberth: You obstructed officer C.D., physical contact... Fairlamb: Yes your Honor. Judge: The maximum for the first count is 20 years, for the other count is eight years, fines and restitution and assessment of $100 on each count

Judge Lamberth: I won't determine the guidelines until I get a pre-sentencing report. I have authority to impose a sentence more severe than the guidelines. Fairlamb: Yes Your Honor. Judge: Were you forced to plead? Fairlamb: No.

Defense lawyer: My client would plead to the two counts. The government seeks 41 to 51 months. We may file a memo seeking a variance below that.

 Judge: Mr Fairlamb, did you go over this? Fairlamb: I did, your Honor. Judge: Is that your signature? Fairlamb: Yes.

Judge Lamberth: I hereby find you are voluntarily pleading guilty to Counts 2 and 3 and I accept your guilty plea. [Note: in  @SDNYLIVE , the defendant has to say out loud what he or she did that makes them believe they are guilty. In DDC, it's all in writing.]

AUSA: There is also an agreement to pay $2,000. We can also seek higher under 3(a)1.4. We have agreed he will be de-briefed prior to sentencing. Judge: He agrees? Defense: Should the FBI wish to. He will answer truthfully.

 Judge: Sentencing September 27 at 11 am. Clerk: Memo due Sept 20. 

Defense: I want to be present when Pre-Trial interviews my client.

Judge: I'll note that. Thanks. See you Sept 27.

Also: Judge Amit P. Mehta had before him Capitol breach defendant Kenneth Harrelson. He also had video exhibits submitted by DOJ - exhibit Inner City Press has been denied access to, as recently as August 5.

And so on August 5, Inner City Press filed a letter and motion with Judge Mehta, now on its DocumentCloud 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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