it sounds like no one is in the courtroom today. i'm listening over the public call in line and judge moon started the hearing by ensuring the defendant has consented to proceed by video conference.
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daniel "jack corbin" mcmahon originally entered a plea of not guilty on these charges. his change of plea hearing should be starting any minute now.https://twitter.com/socialistdogmom/status/1184522989917954048 …
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mcmahon has not yet signed the consent form to proceed via video, saying he was unsure about signing it outside the presence of his attorney. it sounds like he and his public defender will speak privately for a moment so he can sign the form before we proceed.
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the charges he's pleading to today are related to specific threats against a man running for office in charlottesville in 2019, but he has a long history of making threats against countless people he believed to be his enemies.https://twitter.com/socialistdogmom/status/1079879414786215937?s=20 …
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judge moon: "mr mcmahon, are you there?" mcmahon: "no" (they seem to be having some technical difficulties with the video feed)
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mcmahon has consented to proceed with the hearing via video conference and signed the consent form. we're ready to get started! judge moon reminds all listeners that it is still prohibited to take photos or audio recordings of the proceedings.
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i do wish those of us who had been harmed by him could have had the opportunity to see this proceeding together.https://twitter.com/AylingLindsay/status/1255878427799928832?s=20 …
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one of the questions asked of people entering pleas is about whether they are under the care of a doctor or on any drugs or medications. mcmahon says he's been sick 5-6 times since being arrested, but he doesn't indicate he's under the care of a psychiatrist or on any medication.
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judge moon asks mcmahon how he's feeling today, "a little bit nervous," he says, having some allergy symptoms, but otherwise ok.
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moon asks mcmahon if he has the document with the updated charges. nothing has been filed on PACER so i have no idea what those revised charges are yet.
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mcmahon has voluntarily waived indictment on the revised charges he'll be pleading to.
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he's pleading to two charges - election interference & cyberstalking for the election interference: jan 7-10 2019, mcmahon willfully intimidated and interfered with the victim's participation in a federally protected activity (running for charlottesville city council)
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the cyberstalking charge is related to a second victim, which i don't believe was ever made clear in any previously filed court documents or hearings. this charged conduct occurred in september of 2019.
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mcmahon has entered a plea of guilty to these two charges.
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AUSA chris kavanaugh will now summarize the elements of the government's case that would've been proved at trial.
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count one, the election interfence, carries a sentence of up to 1 year in prison. the second count, cyberstalking, carries a sentence of up to 5 years.
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these are the elements of the chargeshttps://twitter.com/EmilyGorcenski/status/1255883169003380747?s=20 …
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under the revised charges, he faces up to 6 years in prison. the original 4 charges carried a sentence of up to 12 years.
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when asked by the judge if he understands at this point, mcmahon asks to speak privately with his attorney again.
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there's silence on the line as he confers privately with his public defender. the static sounds like standing on an empty beach on a rainy day.
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moon asks again if he understands how the sentencing commission guidelines might apply to his case. he does. moon says the sentence will not be determined until the presentencing report is complete & the court can impose a sentence that is more or less severe than the guidelines.
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moon asks him if he understands that federal parole has been abolished and after he is sentenced, he will serve that sentence and will not be released on parole. mcmahon again asks to confer privately with his attorney.
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he has every right to check in with his lawyer every step of the way! there's no problem there. but it is interesting - i've seen a lot of pleas get entered and i've never seen one stop and start at every question like this.
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that may have a lot to do with the nature of the hearing though - since we are teleconferencing, the whispered asides at the defense table feel different.
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mcmahon indicates that he understands parole doesn't exist anymore and he cannot withdraw his guilty plea once it's accepted.
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count 2 (the cyberstalking) occurred in the middle district of florida (where mcmahon was living). the defendant has waived venue on that count so that it can be resolved here in the western district of virginia.
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the clerk is reviewing the plea agreement, which includes a one level increase for the additional victim (no second victim was noted in any of the original charges)
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notable in this plea agreement is that the govt agrees that no additional charges will be brought for conduct that occurred in the western district of virginia or the middle district of florida. i guess this means they'll never charge him for the two years he spent harassing me.
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correction to the guidelines adjustments in the plea agreementhttps://twitter.com/EmilyGorcenski/status/1255886515051339781?s=20 …
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judge moon is asking the standard questions a judge always asks a defendant entering a guilty plea. i've heard these questions many times. it's surreal to hear them responded to by someone who has spent so much time trying to hurt me and people i love.
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the plea agreement contains a ten page statement of offense (which hasn't shown up on PACER yet but i'm eager to read it)
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Le chargement semble prendre du temps.
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