Emily GCompte certifié

Daniel McMahon went by "Jack Corbin" and several other aliases online. He harassed many leftists with vulgarity and threats over the past few years. But it was when he allegedly interfered with a Charlottesville City Council election that the Feds finally took action.

Here's a story for this.https://twitter.com/letsgomathias/status/1174418140941475840?s=20 …

And also follow Molly on this.https://twitter.com/socialistdogmom/status/1255874522579959814?s=20 …

There's a bit of a delay getting started because Danny needs to sign a consent to proceed by video. He's consulting with his attorney while we wait.

Looks like we got the issues mostly sorted, but Judge Moon's video feed is not presently working.

I have to say, his voice does not match the voice I've given him in my head.

Judge Moon informs everyone that we're not allowed to record, photograph, or broadcast the audio of the hearing.

Danny has been sworn in and is now under oath. The government is proceeding under information.

The government has filed an information that contains some new/updated charges. Those documents aren't currently in PACER

McMahon has agreed to waive his right to indictment by grand jury. The prosecution will proceed on information.

The AUSA is reading a supeceding information Count 1: 18 usc 245(b)(4) — by threat of force, interference with a federal protected activity—running for office

Count 2: 18 usc 2261A(2) — Cyberstalking. Sept 4, 2019—Sept 16, 2019, intent to intimidate or injure Victim 2.

This is new information. Count 1 was in relation to Don Gather's city council campaign. The information about Victim 2 is quite new.

McMahon pleads guilty. Judge Moon finds McMahon competent to plea. Now reading through his rights and affirming that he understands the plea before accepting the plea.

AUSA Kavanaugh will walk through the evidence.

Count 1: Punishable for up to 1 year. Count 2: Punishable for up to 5 years.

Count 1 involves threats of force, willful interference, and a racially-motivated element. Count 2 involves an intent to intimidate or injure, using an electronic communication medium in interstate commerce, and caused reasonable etc. fear of bodily injury

Conduct requires 2 or more acts constituting a pattern of behavior.

McMahon is now discussing the sentencing guidelines with his attorney. He got confused by the "Sentencing Commission" part of the Sentencing Commission Sentencing Guidelines

This is complex stuff and the audio feed probably isn't great, but Danny doesn't come across as the brightest bulb in the drawer.

The judge informs McMahon that parole has been abolished, and that he will not be able to be released on what was known as parole. McMahon stumbles a bit and requests to speak with his attorney

The best laid plans of mice and men....

McMahon is back and understands the parole bit.

Defense Council summarizes the plea agreement. McMahon agrees to plead guilty to both counts. One count occurred in Middle District of Florida, but he agrees to let that be settled in Virginia.

Sentencing level gets a +3 for hate crime, +2 for an additional victim as part of the guidelines. -3 for various stock agreements with the Feds.

A provision is included that if he abides by terms, no additional charges for conduct in Western VA and Middle FL will be brought.

McMahon voluntarily waives right to appeal conviction/sentence, wants to talk with his attorney to figure out what the clause about "Collaterally Attacking" means.

Kavanaugh will now proffer the government's evidence.

The plea agreement statement of offense will be summarized. Count 1 we already know. Count 2 came to the government's attention after his arrest.

Count 2 came from McMahon's facebook behavior. Sounds like threats against Victim 2 and her family member.