May 11, 2022

"I wanted to go to trial, but the prosecutors if I [went] to trial they would put a felony on me, so I think this is probably the better route. I believe I'm innocent... but they're saying if I go to trial they're going to hit me with a felony."

Said Anthime Joseph Gionet, AKA Baked Alaska, quoted in "Judge nixes Jan. 6 plea deal after right-wing streamer 'Baked Alaska' declares himself 'innocent'/Anthime Joseph Gionet, otherwise known as "Baked Alaska," said he had only agreed to take the deal because he was worried he’d be charged with a felony" (NBC News). 

Here's the larger context: "More than 285 people have pleaded guilty in connection with the Jan. 6 attack, and nearly 800 individuals have been charged. As NBC News has reported, the FBI has the names of hundreds of additional Capitol rioters who have not yet been arrested. The Biden administration is seeking millions in new funds to prosecute hundreds of Jan. 6 rioting case."

62 comments:

tim in vermont said...

And liberty and justice for all... JKLOL!

tommyesq said...

This is not necessarily for publication and is not on point to this post, but did you pull the post about there being only one draft opinion in the Dobbs case? I am hopeful that my comment didn't play a role in it coming down, I am not advocating any violence towards the Justices, but instead am deeply concerned that this is where things are leading.

cfs said...

And the legal community, both practicing and in academia, is silent. Some of these defendants didn't even enter the Capitol. Some entered, but only after being waved in by Capitol Police, and just walked around looking before exiting the building. This is an egregious miscarriage of justice. The left just laughs at the unequal application of laws, simply because it is Trump supporters being persecuted.

Lurker21 said...

Were all of them really "rioters"?

Mike Petrik said...

Anyone who forcibly trespassed should be punished, especially those who either assaulted someone or damaged property. My only complaint is that this prosecution effort is so obviously disproportionate to the prosecution efforts in the much more violent street protests from 2020, etc. I understand the forum distinction, but don't find it remotely convincing.

Lem the artificially intelligent said...

Just going to Washington that day could get people sent up the river?

What's emanating from your penumbra said...

Are we still against plea bargaining? Or not at this time?

The Vault Dweller said...

Doesn't everyone assume that plea deals are transactional? That even if a person pleads guilty to a crime it doesn't necessarily mean they committed that act in question just that in their estimation it is better risk management to avoid a possible harsher conviction and sentence than what might happen? Doesn't every judge know this? How common is it for a judge to not agree to a plea deal even though the defendant has stated a willingness and desire to enter into it but expressed their reasons why they were thinking against doing it?

tim in vermont said...

The uniparty has interfered in elections worldwide, and fomented coups, so little wonder that the idea was top of mind with these people. Their precious little 2014 violent coup in Ukraine may lead to global famine, or even nuclear war, this stock market crash was probably inevitable just waiting for events to provide a pretext to pop the bubble, but the famine will be directly traceable to the US backed coup that brought the Nazis to power in Ukraine.

Wa St Blogger said...

On Cop procedural shows on TV, they do this tactic all the time, and I was all for it because we already knew the perp was a scumbag who really did the crime. In real life, I am very concerned about this tactic in that a person has to risk significant penalties for trying to have their constitutional right to a fair hearing. But with the resources allayed against them, they probably do not expect a fair hearing, especially when they know they are in jail to begin with on trumped up charges. Who is to say that the hearing will be fair? This undermines our whole system and should not stand.

RideSpaceMountain said...

What is being done to Jan. 6 participants and attendees by the federal government, federal agencies, and the justice system is indistinguishable, the equal of, everything this country was founded to prevent. The founding fathers and every American political thinker of the last 200 years would immediately recognize it prima fascia as similar to any pre-American system that came before it, or any non-American political intimidation they had either suffered under or were familiar with from their time overseas.

On its face, you cannot agree with it and be an American. Period. Those that do are TWANLOC. I see no solution to this short of excommunication between us. This doesn't get fixed with an apology.

Trey said...

And this is what passes for "justice" all over America. I was completly innocent and ready to go to trial on a misdemeanor, and the prosecutor recharged it as a felony simply to get me to plea. And it cost me an extra $7,000 for the lawyer to handle the new "felony" case. And they gave me a plea in abeyance deal so good that I would have been a fool not to plead out. They knew I was innocent, it wasn't even close, and they also knew I would have a great civil rights case if I did not plead out. First criminal charge of my life, and I am a senior citizen.

Michael K said...

Garland's Gulag needs more political prisoners. The GOP has not exactly covered itself with glory ignoring these people.

cubanbob said...

Who would in their right mind turn down a misdemeanor plea and risk getting charged with multiple felonies? This isn't justice, this is extortion.

MayBee said...

"The Jan 6. attack"

MayBee said...

And yes....plea deals are only a good deal for the guilty. For the innocent, they are coercion. We should talk about this more.

MayBee said...

One more thing....consider the funds to prosecute more people to be campaign funds for Democrats.

Brian said...

was set to plead guilty to one misdemeanor count in which he would admit he "willfully and knowingly paraded, demonstrated, and picketed" inside the Capitol.

What was the count?? I can't find that anywhere. Surely they mentioned it during the plea hearing, but the reporter doesn't tell us.

He originally faced charges of entering or remaining on restricted grounds without lawful authority and disorderly conduct on Capitol grounds.

I see that info on the DOJ site in the Criminal Complaint and the Statement of Facts, but nothing about what the plea charge was supposed to be. What was he pleading guilty to then? I can't find that anywhere.

The original charges:
18 U.S.C. § 1752(a)(1), (appears to be a misdemeanor in this case) which makes it a crime to knowingly enter or remain in any restricted building or grounds without lawful authority to do so.

Based on the Statement of Facts, he doesn't appear to have been approached by any authority until a little over 25 minutes after entering. They ask him to move, and he says he's with the media and where should he go. 74 seconds later he is allegedly shoved. For the next 20 seconds he swears at the officers and leaves the capitol. The whole charge would seem to rest on those 20 seconds it appears. It may be the video is edited and he was there much longer. It would make sense because I don't know how you could leave that fast.

40 U.S. Code § 5104 (e)(2)(g)- Unlawful activities (G) parade, demonstrate, or picket in any of the Capitol Buildings appears to be the charge he was pleading to, which is a misdemeanor, with less than 6 months maximum time allowed.

Was he picketing? Demonstrating? Or reporting? Based on his statements on the video, including: "whose house? Our house,” and “traitors, traitors, traitors....” demonstrating sounds like the reasonable charge. Should have taken the plea...

Who knew demonstrating in the capitol was a crime? Trump should have used this handy little charge for the Kavanaugh hearings.

I'm not sure what felony they thought they told him they would charge him with. Conspiracy seems out unless they have other evidence they didn't talk about in the charging documents.

Leland said...

How about more funds to prosecute those entering the country illegally rather than prosecuting citizens that you're willing to accept a misdemeanor plea deal? Seems like Biden is more interested in prosecuting political opposition than forming sound economic policy.

Sebastian said...

"he had only agreed to take the deal because he was worried he’d be charged with a felony"

The routine blackmail of American "criminal justice."

"The Biden administration is seeking millions in new funds to prosecute hundreds of Jan. 6 rioting case."

The swamp never rests, the gators need feeding.

Kai Akker said...

Send Xiden back to Beijing and let them deal with their bloodsucking comrade.

Kevin said...

We need to even the odds: prosecutors who overcharge defendants should not only lose the case but also their license to practice law.

Whether you call it bullying or malpractice, justice isn't served by these tactics.

I'd go for a rule of "three strikes and you're out" to make it fair.

wendybar said...
This comment has been removed by the author.
R C Belaire said...

Money well spent, for sure.

wendybar said...

But they rewarded the thugs who rioted the night of Trumps Inaugueration with 1.6 million tax dollars. THAT riot produced limos on fire, businesses being looted, ect..ect...but the FBI is wasting time looking for all those people who were ushered in by the Capitol police and taking selfies. Those people are getting beatings and being mistreated in the DC Gulag after a year...but reward the thugs who riot. We live in upside down world.

They get rewarded...just like Michael Byrd got rewarded for murdering an unarmed woman. And you wonder WHY we are so divided?? It is going to get worse...and it isn't going to end pretty.


https://legalinsurrection.com/2021/05/rioters-at-trumps-2017-inauguration-getting-1-6-million-settlement-from-dc-over-their-arrests/

Jason said...

Does the judge think everybody who takes a plea deal is actually guilty?

Jason said...

I would nullify the fuck out of that prosecutor.

Left Bank of the Charles said...

I would have thought an Alford plea was possible, but did not know the DOJ has a https://www.justice.gov/jm/jm-9-27000-principles-federal-prosecution#9-27.440>policy against accepting them.

Joe Smith said...

Now do the Supreme Court protesters...

Murderers get off easier.

Our government has failed and there is no way to save it.

Mike of Snoqualmie said...

Sue the prosecutor for civil rights violations. The defendant is entitled to a jury trial, using a felony charge to coerce him into a plea is violation of his 5th amendment rights. Make the prosecutor pay. Include in your suit that the prosecutor must be whipped with a cat of 9 tails for his violation of the defendant's civil rights. The prosecutor must suffer from trying to violate a defendant's civil rights. When enough prosecutors are whipped, they'll have a better appreciation of the Bill of Rights.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

"willfully and knowingly paraded, demonstrated, and picketed"

is this illegal? In America?

Or only if you're not a holy and precious hivemind devotee to the corrupt democrat party.

Michael said...

An early priority in 2024 should be for Congress to vote and President Trump/DeSantis to sign a payment of $100,000 to every person arrested and held without bail for the Jan 6 non-insurrection, with the money to come from the budgets of the FBI, the Capitol Police, and the (then) Minority Leader of the House of Representatives. Let Pelosi and others know that lese majeste is not a crime in this Country.

David53 said...

we have to put our priorities in order. How much more human capital and money are we going to spend on this? Wasteful, like so much else in our government.

Mark said...

Wasting a judge's time is never a smart decision.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

The Soviet Biden admin is seeking big bucks to make sure no one ever feels safe supporting anyone not a democrat.

Che Dolf said...

Felonious cringe: Baked Alaska - Yang Gang Anthem

Jupiter said...

Here's the larger context. They stole the election, and they are planning to turn the country into a fascist police state before we manage to do anything about it. They have the considerable advantage that anyone who ventures into DC can be arrested and held without trial by their Black Gestapo, who murdered two protestors on January 6th and were declared innocent without even being interviewed.

Mea Sententia said...

800 charged, with hundreds yet to be. There sure is a high cost even to show up for a non-approved protest.

tim maguire said...

Judge punishes person for saying they were pressured into a plea deal. In a just society, the prosecutor would be punished, but that’s not the society we live in.

CaroWalker said...

I am just a regular American. Not an activist. I cannot tell you how incensed I am that despite real, painful, substantive, scary hikes in price for basic living, our betters in Washington are spending like there's no tomorrow. These brahmins live in an alternate universe. They want to spend more on Covid relief, green subsidies, whatever...and no one, no one, holds these bozos to account for the millions spent to prosecute Carter Page, Paul Manafort, Trump this, Trump that.
The Jan 6 crew were incensed that the election had been stolen. When it first happened, i thought, ridiculous extremists. But you know, they're not wrong.
that's where I am now. They're not wrong.
And I am incensed that untold millions are still being spent to prosecute these people and keep them in the news. Meanwhile, abortion fanatics holding the judiciary hostage is NBD.
Incensed, I tell you.
I could be persuaded to get on a dang bus to Washington and burn the place down.
Incensed.

Jamie said...

One wonders, with gas in TEXAS going for $4 a gallon, interest rates climbing by the day, formula absent from grocery stores and lots of other empty shelf space, and - important to both sides - a threat to the supremacy of Roe on the near horizon, how much energy the voting public has for "hundreds" more attempted prosecutions for disturbing the peace or whatever they're trying to charge the Jan. 6 Congressional sightseers with.

Darkisland said...

This whole plea deal thing is a scam and has been for 50 or more years.

They charge a dozen serious felonies which will cost a mint to defend and has the risk of losing. Or you can plead guilty to something smaller and negotiate a reduced sentence.

It is nothing less than extortion and should be illegal at the local, state and federal level.

Or, Michael Flynn and General Flynn are 2 examples, they threaten to go after a brother (Milken) or son (Flynn) if they don't plead guilty.

There was a 1975 novel One Just Man by James Mills that I remember very little of. But what I will never forget is the basic premise.

A public Defender (in the Bronx? Like Bonfire of the Vanities?) who refuses to let his clients plead out, he gets them all to request jury trials and brings the court system to its knees.

Maybe that is what this judge is doing.

Naaaah. I doubt it. He is just insisting that the charade be maintained. If you plead guilty when you are not, you are lying to the court. If you plead guilty when you are not, you are making a mockery of the court system.

Can't have that. The show must go on!

John LGKTQ Henry

Kai Akker said...

---More than 285 people have pleaded guilty in connection with the Jan. 6 attack, and nearly 800 individuals have been charged. As NBC News has reported, the FBI has the names of hundreds of additional Capitol rioters who have not yet been arrested. The Biden administration is seeking millions in new funds to prosecute hundreds of Jan. 6 rioting case.

Look at those numbers. Think of what they still want to do to make Xiden seem like a legitimate premier! What are we doing, sitting here letting this petit-Stalinism happen? This cries out for a levitation of the DC jail, after first getting the falsely charged and persecuted released into freedom. Where is David Horowitz when we need him? The Xiden plans are a crime against humanity. Xiden should be charged with war crimes, sent to The Hague for trial, and sentenced to 10,000 baths with Hunter -- minimum time in tub, 6 hours per bath.

David Horowitz would be good and he could make things happen. This upside-down injustice also needs a new Dante to send Xiden to the right circle. Pelosi is another case crying out for proper treatment.

Dude1394 said...

The largest purge in our history. A political party blatantly arresting political opponents

stephen cooper said...

Fixed it for you - "The Biden administration, under which millions of babies faced life-long medical issues due to a brutal shortage of infant formula, decided to prioritize something else".

Carter was a bad man, an ineffective leader, and stupid, but Biden is more of a bad man, more ineffective, and stupider.

Bruce Hayden said...

They have about six months now to get their convictions. Then the thousands of hours of video that Pelosi and Schiff are sitting will be released and crowd sourced. The Dems are viciously using the process and unlimited prosecutorial discretion against the 1/6 protesters. The arrested protesters might demand all the relevant videos, etc, and the corrupt FJB/Garland prosecutors respond by saying that it’s going to take months, while the defendants languish in disgusting conditions in jail, and, BTW, f you go to trial, we are going to ask for Life in prison. Yes, prosecutors have now announced that they are going to be asking for Life in prison for trespassing. So, given the choice of a suspended sentence if they plead out, and a lengthy prison sentence if they go to trial, no one should be surprised that almost 300 have plead out, of the 800 charged.

My hope is that every prosecutor involved, and every supervisor, be fired in January 2025, on the first day of the new Administration. They should also be disbarred, but the DC Bar quickly gave Clinesmith his law license back, after having lied to the FISC for the purpose of depriving Carter Page, and the Republicans surveiled by the FBI, as a result, of their civil rights.

Joe Smith said...

'800 charged, with hundreds yet to be. There sure is a high cost even to show up for a non-approved protest.'

And yet the people who break into our country illegally are not prosecuted and are not deported.

They are rewarded.

effinayright said...

The way I see things developing, I'm going to go long investing in gibbet futures.

Dude1394 said...

So which if my Republican “representatives” are going to give more money for this tribunal?

Amazing how little respect I have at this 65 years of my life for ANY federal government entity. Not a single one.
I actually hope I get on a federal jury where I can laugh my arse off at any fbi/irs/doj fascist testifying. Whomever they charge will get off. If they are a democrat I will have to think about it.

BUMBLE BEE said...

Yeah, What say, Garland for supreme court.

Arthur Kinley said...

Unless I missed It ... why is Althouse and others ignoring 2000 Mules documentary. The ample evidence of massive election tampering needs to be discussed and investigated officially by law enforcement.


Rusty said...

"Carved in marble over the entrance of the Supreme Court building in Washington, D.C., is the motto “Equal Justice under Law.” What does this motto mean to you? It means that you and all other citizens are considered equal and are protected by the rule of law. Laws define individual rights and freedoms."
What it means is that it's a joke.

Jupiter said...

If you want to know what actually happened on January 6th, I suggest you read the article and watch the videos at this link. It describes in detail, with video, how a small group, working together, executed a careful plan to turn a peaceful demonstration at the Capitol into an invasion. The question it does not answer is, "Who were those guys?". There is loads of video of them, and none of them have been indicted.

Amadeus 48 said...

I asked the dean of the UChicago Law School if any students were volunteering to defend any Jan 6 rioters the way they did for Guantanamo detainees. Was anyone asking about it?

The answer to both questions was "no".

I have no problem with students not wanting to get involved with this stuff (we had a boatload of students working on the defense of the Chicago Seven when I was in law school, which I thought was stupid), but I think the priorities are strange. Most of those people at Guantanamo were and are terrorists. Most of the Jan 6 rioters were misguided. They seem to have some due process rights that are arguably being abused.

It seems like fashion rules rather than passion. Oikophobia in action.

Amadeus 48 said...

Here is some more context:

O-o-o-h-h-h. The judge is Emmet Sullivan. That bastard strikes again.

Althouse, didn't you notice that this is the guy who wouldn't accept the DOJ's abandonment of the Flynn prosecution?

He runs a kangaroo court of the first order, doesn't he? Let's hope that when his time comes, St. Peter administers some of the judge's own justice to him at the Pearly Gates.

Donatello Nobody said...

What CaroWalker said.

Incensed.

Bender said...

More than 285 people have pleaded guilty in connection with the Jan. 6 attack

More than 285 of those guilty pleas have been coerced.

Josephbleau said...

So the article says the judge was Emmet G. Sullivan? The judge who wanted to convict Mike Flynn of lying by refusing to take a plea deal he agreed to? This guy has a hard on for dicking around with people in plea deals. If it is the same Sullivan.

D.D. Driver said...

🤣😂🤣 The Biden administration is looking for "millions" of dollars. Dr. Evil is the new AG. "One million dollars!"

Saint Croix said...

So the article says the judge was Emmet G. Sullivan? The judge who wanted to convict Mike Flynn of lying by refusing to take a plea deal he agreed to?

Man, that Flynn case is some shocking reading.

Ann Althouse said...

"This is not necessarily for publication and is not on point to this post, but did you pull the post about there being only one draft opinion in the Dobbs case?"

I accidentally deleted it. I restored it early this morning. I was just mishandling deletion of what I thought was an unused draft.

Josephbleau said...

en. Michael Flynn’s three-year odyssey in the criminal justice system finally came to an end this week with the long-delayed dismissal of his case in federal court. Ultimately, it took a presidential pardon to compel Judge Emmet Sullivan to release Flynn from the seemingly inescapable vortex of his docket. Yet Sullivan still decided to effectively declare Flynn guilty to the whole world — a final gratuitous act from a court long criticized for using Flynn to criticize President Trump and his admini