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Yo_Mama_Been_Loggin

(107,765 posts)
Fri Feb 3, 2023, 03:04 PM Feb 2023

Judge demands answers after Jan. 6 defendant recants guilt

Source: Politico

A Jan. 6 defendant’s boast in an interview this week that he had no regrets about his role in the Capitol riot — just days after he acknowledged his guilt in a federal courtroom — may upend the man’s efforts to resolve the criminal case against him.

U.S. District Court Judge Amit Mehta issued an order Friday instructing defendant Thomas Adams Jr. and prosecutors why the guilty findings the judge entered on Tuesday following a brief, “stipulated” bench trial should not be overturned in light of Adams’ comments to a reporter the following day.

"I wouldn't change anything I did," Adams told the State Journal-Register Wednesday outside his home in Springfield, Ill. "I didn't do anything. I still to this day, even though I had to admit guilt (in the stipulation), don't feel like I did what the charge is.”

In a brief order Friday morning, Mehta gave both sides one week to explain “why the court should not vacate Defendant's convictions of guilt in light of his post-stipulated trial statements” included in the article. The judge also attached a copy of the news report.



Read more: https://www.msn.com/en-us/news/crime/judge-demands-answers-after-jan-6-defendant-recants-guilt/ar-AA174TZO



The stupid party
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Judge demands answers after Jan. 6 defendant recants guilt (Original Post) Yo_Mama_Been_Loggin Feb 2023 OP
If you're pleading guilty you do it under oath. Ocelot II Feb 2023 #1
And Properly So, Ma'am The Magistrate Feb 2023 #3
Maybe the defense is that he wasn't under oath for the interview...? n/t thesquanderer Feb 2023 #11
That's not a defense at all. What matters is that he was under oath when he pled guilty. Ocelot II Feb 2023 #26
Hopefully it will teach a lesson to the other blowhard chest thumpers being charged SouthernDem4ever Feb 2023 #27
Why? Their leader does that ALL.THE.TIME. Conjuay Feb 2023 #38
he hasnt plead yet SouthernDem4ever Feb 2023 #42
Ignoring this particular case, that's a naive argument. NullTuples Feb 2023 #35
You do not want to piss off a Federal Judge LetMyPeopleVote Feb 2023 #2
Fuck around and find out! Lunabell Feb 2023 #4
Looks like it WILL be 'wild' for that Qultist now, eh? Justice matters. Feb 2023 #7
DU attorneys, this question is for you jmowreader Feb 2023 #5
I join your question. Sogo Feb 2023 #9
not an attorney but know a little bit and yes that's what he just did to himself. Blew his deal ZonkerHarris Feb 2023 #14
Not an attorney, but I don't mind reading through the federal sentencing guidelines GregariousGroundhog Feb 2023 #44
If he wasn't sentenced to prison time before, temporary311 Feb 2023 #6
That probably runs into double jeopardy zone. The Grand Illuminist Feb 2023 #46
Thank god they are stupid. Ray Bruns Feb 2023 #8
Don't underestimate them. The Grand Illuminist Feb 2023 #45
So, Insurrection Boy, how much time do you want to do for perjury? lastlib Feb 2023 #10
Oh, tough guy, eh? LudwigPastorius Feb 2023 #12
Someone just lost their plea deal. Stupid fuck deserves it. ZonkerHarris Feb 2023 #13
saw another similar story today: sorry - not sorry IcyPeas Feb 2023 #15
Fixed this part of the article: Sky Jewels Feb 2023 #30
They are trying to rewrite history louis-t Feb 2023 #41
Well. Whatever your deal was, you can kiss it goodbye. He should also be charged with lying onecaliberal Feb 2023 #16
What a Moran! nt aggiesal Feb 2023 #17
I've always understood that once a judge accepts a plea deal, it can't be revoked after the fact Mr. Ected Feb 2023 #18
The judge can reverse the plea deal if you lie (commit perjury) in order to obtain a plea deal. bluesbassman Feb 2023 #20
Too many escape routes for the insurrectionists. SouthernDem4ever Feb 2023 #28
Insurrection crowd in the House is just encouraging these guys Plainsman1 Feb 2023 #19
Anyone, please correct me if I'm wrong. Mr. Evil Feb 2023 #21
We'll, the judge is demanding an explanation PJMcK Feb 2023 #37
Idiots gonna idiot! 🤣 ShazzieB Feb 2023 #22
Unfortunately zipplewrath Feb 2023 #23
It wasn't in front of his friends. SouthernDem4ever Feb 2023 #29
I don't get why they offered him a plea deal FakeNoose Feb 2023 #24
A head scratcher quote from the article: Raine1967 Feb 2023 #25
"I'd do it all over again, wouldn't change a thing" is only for Dick Cheney. czarjak Feb 2023 #31
Sounds like this one really put his foot in it! ShazzieB Feb 2023 #32
I think we're overlooking something. plimsoll Feb 2023 #33
These guys never seem to "Find Out" quite as much as they ought to when they "Fuck Around" RockRaven Feb 2023 #34
Take him to trial. Let the jury decide! SunSeeker Feb 2023 #36
Toss his worthless ass back in the slammer. nt oasis Feb 2023 #39
Who's his lawyer The Wizard Feb 2023 #40
Methinks he stepped in it MAGA style. Sneederbunk Feb 2023 #43
K&R ck4829 Feb 2023 #47
MAGATS are not very bright! Emile Feb 2023 #48
When it comes to MAGA--never believe what they tell you MissMillie Feb 2023 #49
"The law does not apply to us" truthisfreedom Feb 2023 #50

Ocelot II

(115,612 posts)
1. If you're pleading guilty you do it under oath.
Fri Feb 3, 2023, 03:07 PM
Feb 2023

You have to admit to all factual elements of the crime you're charged with. So if a week later you publicly claim you're innocent you will have a lotta 'splainin' to do in front of the judge.

Ocelot II

(115,612 posts)
26. That's not a defense at all. What matters is that he was under oath when he pled guilty.
Fri Feb 3, 2023, 06:51 PM
Feb 2023

The fact that he bragged in an interview that he wasn't guilty goes to his state of mind and indicates that when he took the guilty plea he lied under oath. The judge has ordered him to come back and explain why his guilty plea shouldn't be vacated so he has to either go to trial or negotiate another, less favorable plea.

SouthernDem4ever

(6,617 posts)
27. Hopefully it will teach a lesson to the other blowhard chest thumpers being charged
Fri Feb 3, 2023, 07:00 PM
Feb 2023

that think they can just spew shit all over the media and get without having to answer for it.

NullTuples

(6,017 posts)
35. Ignoring this particular case, that's a naive argument.
Sat Feb 4, 2023, 12:32 AM
Feb 2023

Every day people - typically ones having to depend on a public defender - plead guilty because they have been intentionally convinced that a plea deal is the only workable solution for them, whether they are guilty or innocent.

(by the way, I'm not saying YOU are naive!)

jmowreader

(50,530 posts)
5. DU attorneys, this question is for you
Fri Feb 3, 2023, 03:15 PM
Feb 2023

I’m thinking here that the defendant made a plea bargain in which he would express remorse and plead guilty in exchange for a lesser sentence - say, twenty months rather than the ten thousand months these people all deserve. Well…240 months because sentencing someone to 833 years in prison might be unconstitutional.

Now that he’s admitted no remorse and basically said he pled guilty with his fingers crossed behind his back, they have to revoke their acceptance of his guilty plea so they can take him back to trial, let a jury find him guilty and then give him his 240 months.

Would this be correct?

ZonkerHarris

(24,210 posts)
14. not an attorney but know a little bit and yes that's what he just did to himself. Blew his deal
Fri Feb 3, 2023, 04:34 PM
Feb 2023

aside from everything else, the judge can also hold him in contempt of court right now for this too.

GregariousGroundhog

(7,515 posts)
44. Not an attorney, but I don't mind reading through the federal sentencing guidelines
Sat Feb 4, 2023, 02:51 PM
Feb 2023
https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated

First off, this all assumes he has no prior criminal history

If I'm reading the manual correct correctly, Obstructing Congressional or Administrative Proceedings (18 U.S.C. 1505), maps to section 2J1.2 of the sentencing manual (per Appendix A). Section 2J1.2 calls for a level 14 sentence, unless he threatened or used in violence, in which case it calls for a level 22 sentence. By accepting responsibility, he could have removed two levels from his sentence (per section 3E1.1). Level 12 calls for 10-16 months of imprisonment whereas level 14 calls for 15-21 months. Level 20 calls for 33-41 months, while level 22 calls for 41-51 months.

So this defendant likely earned himself an extra 5 months (if he merely followed people like a lemming) or 8-10 months (if he partook in violence) behind bars.

temporary311

(955 posts)
6. If he wasn't sentenced to prison time before,
Fri Feb 3, 2023, 03:15 PM
Feb 2023

though everyone involved should've been, he definitely should be now.

lastlib

(23,166 posts)
10. So, Insurrection Boy, how much time do you want to do for perjury?
Fri Feb 3, 2023, 03:56 PM
Feb 2023

Don't piss off a federal judge if you want off easy.

IcyPeas

(21,842 posts)
15. saw another similar story today: sorry - not sorry
Fri Feb 3, 2023, 04:42 PM
Feb 2023
...Less than a year later, Evans is portraying himself as a victim of a politically motivated prosecution as he runs to serve in the same building he stormed on Jan. 6, 2021. Evans is now calling the Justice Department's Jan. 6 prosecutions a “miscarriage of justice" and describes himself on twitter as a “J6 Patriot."

"Some ppl have said I need to apologize and condemn #J6 if I want to win my election as the media will attack me," he tweeted recently after announcing his bid for a U.S. House seat in 2024. “I will not compromise my values or beliefs. That’s what politicians do. We need Patriots not politicians.”

Evans joins a series of Jan. 6 defendants who — when up against possible prison time in court — have expressed regret for joining the pro-Trump mob that rattled the foundations of American democracy only to strike a different tone or downplay the riot after receiving their punishment.

The very first Jan. 6 defendant to be sentenced apologized in court and then went on Fox News Channel shortly after and seemed to minimize the riot.



https://news.yahoo.com/sorry-not-sorry-1-6-104855119.html

Sky Jewels

(7,019 posts)
30. Fixed this part of the article:
Fri Feb 3, 2023, 07:15 PM
Feb 2023

"...only to strike a different tone or downplay the ̶r̶i̶o̶t̶ violent attempt to overturn the election and stage a coup d'etat after receiving their punishment."

louis-t

(23,273 posts)
41. They are trying to rewrite history
Sat Feb 4, 2023, 12:04 PM
Feb 2023

in the image of 'heroic patriots' who stormed the capitol to 'save America'. It's really a sickness.

onecaliberal

(32,786 posts)
16. Well. Whatever your deal was, you can kiss it goodbye. He should also be charged with lying
Fri Feb 3, 2023, 04:42 PM
Feb 2023

In his plea, since he now says he doesn’t think he did anything wrong.

Mr. Ected

(9,670 posts)
18. I've always understood that once a judge accepts a plea deal, it can't be revoked after the fact
Fri Feb 3, 2023, 05:03 PM
Feb 2023

Unless the plea included sanctions on the defendant that he didn't fulfil.

I don't think this guy is going to lose his deal. I think the judge is major pissed and just trying to shake him up.

Judge will ask, "you testified under oath that you acknowledged your guilt, then you went on the record shortly thereafter to say you didn't commit any crimes. What's it going to be? Do you understand or do you not?"

J6 punk will say: "I understand". And the judge will let him go.

And next week, he'll be a featured speaker at one of Trump's rallies.

Our criminal justice system cannot seem to cope with crimes related to politics. Too many escape routes for the insurrectionists.

bluesbassman

(19,361 posts)
20. The judge can reverse the plea deal if you lie (commit perjury) in order to obtain a plea deal.
Fri Feb 3, 2023, 05:18 PM
Feb 2023

The judge in this case is giving the defendant a week to come up with an explanation. I doubt it'll fly.

Plainsman1

(25 posts)
19. Insurrection crowd in the House is just encouraging these guys
Fri Feb 3, 2023, 05:12 PM
Feb 2023

As long as Marjorie Taylor Greene and the other insurrectionists in the House are blathering about their heroism and their mistreatment by the "man" most if not all of the GUILTY criminals will be crying in their beer ... and probably getting free drinks in the process.

Mr. Evil

(2,827 posts)
21. Anyone, please correct me if I'm wrong.
Fri Feb 3, 2023, 05:30 PM
Feb 2023

If the defendant pleads guilty to any or all charges then whatever they say after the fact should be moot. Or, if they pleaded guilty to any or all charges and then lie about the charges they pleaded guilty to could, or should that effect their sentencing? If someone pleads guilty and then subsequently allocutes as to how they committed said crime, then what the fuck does it matter what they say the next day?

If I was the judge issuing their sentence I'd be inclined to issue the maximum. Spite really has no place in the law but, giving the maximum sentence allowed in a case like this seems to me to be the only way possible you can fix stupid. Oh, and remove 'stupid' from society.

PJMcK

(21,998 posts)
37. We'll, the judge is demanding an explanation
Sat Feb 4, 2023, 07:22 AM
Feb 2023

That suggests that the judge still has jurisdiction over the case.

Stupid boy is about to find out

zipplewrath

(16,646 posts)
23. Unfortunately
Fri Feb 3, 2023, 05:45 PM
Feb 2023

All he has to do is say that in front of a judge he tells the truth and in front of friends he says what he wants them to hear.

FakeNoose

(32,596 posts)
24. I don't get why they offered him a plea deal
Fri Feb 3, 2023, 05:56 PM
Feb 2023

Only the early defendants were going to be offered a chance to turn state's evidence and get a deal. That's what they announced almost 2 years ago.

Now with so many trials under their belt, with so many convictions ... why would the DA's even care if a defendant is remorseful? It's too damn late for these guys to get any deal. Book 'em Danno! Try him and convict him.

Raine1967

(11,589 posts)
25. A head scratcher quote from the article:
Fri Feb 3, 2023, 06:47 PM
Feb 2023
It is unclear how the article in the Illinois newspaper came to the attention of Mehta, who sits at the federal courthouse near the Capitol.


I have so many thoughts about this sentence. My first is wondering about the journalist. It was public information if it was published (in the article) in this newspaper:

https://www.sj-r.com/story/news/crime/2023/02/01/thomas-b-adams-jr-was-convicted-for-breaching-u-s-capitol-on-jan-6/69863729007/

The judge knew because it was public information, FCS.

ShazzieB

(16,286 posts)
32. Sounds like this one really put his foot in it!
Fri Feb 3, 2023, 09:15 PM
Feb 2023
Judges handling Jan. 6 cases have been repeatedly and increasingly irked by defendants appearing to be apologetic and contrite in court, only to make public statements days later minimizing their guilt and sounding cavalier about their actions. And judges are loath to accept what effectively amounts to a guilty plea from any defendant who doesn’t sincerely believe in their own guilt.


plimsoll

(1,668 posts)
33. I think we're overlooking something.
Fri Feb 3, 2023, 10:41 PM
Feb 2023

He doesn't think he's guilty of what he's charged with, and he'd do it a again. He basically just said that he was right to participate in an attempt to overthrow the government of the United States. I have no idea if the judge can do anything about this if he entered it as an Alford plea, then he said upfront he is innocent and is only pleading guilty to reduce the penalties.

RockRaven

(14,912 posts)
34. These guys never seem to "Find Out" quite as much as they ought to when they "Fuck Around"
Fri Feb 3, 2023, 10:46 PM
Feb 2023

but this guy might get closer than most.

MissMillie

(38,533 posts)
49. When it comes to MAGA--never believe what they tell you
Mon Feb 6, 2023, 01:14 PM
Feb 2023

Thankfully, all you need to do is look at what they show you about themselves.

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