Capitol rioters were more likely to be sentenced to jail if they faced an Obama-appointed judge than a Trump-appointed one.
Defendants aren't the only ones being criticized during hearings and judges have turned some of their attention to prosecutors' handling of the Capitol riot cases. Judge Beryl Howell, an Obama appointee, questioned prosecutors' use of plea deals while arguing that rioters engaged in an insurrection. She criticized a sentencing memo for Jack Griffith that both called the riot an"unparalleled" assault on Democracy and"trespassing that got out of hand.
Defense attorneys have seen how more than 70 plea cases have played out and trials are set to begin in early 2022. Julie Rendelman, a former prosecutor, said defense attorneys should"absolutely" be factoring who the judge is into whether they encourage their client to plead guilty or go to trial. Judge Carl Nichols sentenced David Mish to 30 days in jail, the length of time prosecutors asked for in a sentencing memo. During the sentencing hearing, Nichols noted Mish's lengthy criminal record indicated he didn't respect the law while acknowledging that he had a difficult upbringing.
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