McFadden found that the suggestion that he was unaware of where Congress had convened was not credible. Prosecutors emphasized this at trial, showing reams of evidence where Hale-Cusanelli explained the grandiose presidential election process to friends or expounded on historical events.
His testimony on the stand was false and merely “self-serving,” prosecutors lamented.
According to NBC, McFadden said the testimony was an “outstanding lie.”
On Monday, Hale-Cusanelli failed to convince Judge McFadden that he should be acquitted or have an entirely new trial. A Trump-appointed judge rejected the request on several grounds. Chief among those claims by the alleged white supremacist was his argument that he could not have interrupted the certification on January 6 because, while he was inside the Capitol, the ceremony was no longer underway.
“This argument is at best self-limiting,” McFadden wrote in the Sept. 19 order.
Hale-Cusanelli argued that a new trial was also warranted because he was unfairly prejudiced when parts of his own “extremely racist, misogynist or anti-Semitism” opinion were presented to jurors by prosecutors. .
McFadden actually barred prosecutors from introducing a large number of Hale-Cusanelli’s overtly racist and bigoted comments, suggesting that most of them might inflame jurors or lead them to the charges they face. can prevent focus on what the defendant actually faced.
In denying the motion for a new trial, the judge said that federal prosecutors had only presented evidence that linked her overtly racist comments to less overt comments because those comments still constituted Hale-Cusanelli’s valid election to Congress. The motivation to stop counting the slates has shown “Either he wanted a civil war or the idea [Joe Biden] was a puppet for Jewish interests.
At a recent rally in Pennsylvania, former President Donald Trump gave Hale-Cusanelli’s adopted aunt, Cynthia Hughes, time to speak about her Hitler-mustache acquaintance.
“He was wearing a suit and tie and his favorite hat. Tim wanted to participate in what he thought was going to be a historic event. Instead, he saw a horror show,” Hughes told the crowd of Trump supporters.
Investigators interviewed 34 of Hale-Cusanelli’s co-workers, and many said she openly admitted her radical views. Others were afraid of him, they said.
Hughes has been a major fundraiser for the January 6th defendants and has aligned himself with Trump and other hardliners such as Steve Bannon, who called him a “great patriot” for helping “political prisoners” on January 6th. She is the founder of the non-profit Patriot Freedom Project.
Meanwhile, not far from where Hale-Cusanelli was sentenced before U.S. District Judge Trevor McFadden, in the courtroom of Senior U.S. District Judge John Bates, another defendant, Stephen Ayres, learned of his fate Jan. 6.
Ayres, an Ohio resident, originally faced a four-count indictment for crimes related to the capital assault, including obstructing an official proceeding, entering a restricted area, and two counts of disorderly conduct.
He was initially indicted along with Matthew Perna of Pennsylvania. Parna died on February 25 due to suicide. In an obituary written by Parna’s family, they said he died of a “broken heart” and that “the justice system had killed his spirit and zest for life.”
Before Ayres eventually struck a plea deal with prosecutors and pleaded guilty to a single misdemeanor charge of disorderly conduct, he faced 22 years for all four counts.
He stopped cooperating with the Jan. 6 committee and offering testimony at a public hearing this summer.
“I was hanging on every word [Trump] was saying Everything he was putting in, I was following,” Ayres testified.
With no prior criminal convictions, and his guilty plea, as well as good behavior in the 18 months he was out on bail, Judge Bates handed down a light sentence.
Ayres was sentenced to 24 months of supervised probation and will be required to perform 100 hours of community service. Prosecutors had requested a 60-day prison sentence on the lewd conduct charge alone. Although Judge Bates took pains Thursday to acknowledge the “shocking attack” of Jan. 6 and its long-term consequences and effects, he was not convinced that a 60-day sentence was warranted for Ayers.
The Warren, Ohio, man was inside the Capitol for 10 minutes on Jan. 6, and only walked the halls of the Capitol, and he “did not enter the more sensitive areas,” Bates said Thursday. He did not destroy property once inside, and had no direct role in the trespass.
Calling him an “active participant in the attack on the Capitol”, the senior judge underlined that a mob is formed only when “a large number of people are involved.”
He said, “That is what created the crowd on January 6. “This is a case of serious misconduct that warrants a serious response from the United States.”
Ayers became emotional when given the opportunity to speak for himself before the ruling Thursday.
“I want to apologize to you and to the court and to the American people,” he said, crying before the distant court appearance. “I did not go that day with any intention of violence.”
Ayres said he “got caught up” in the right-wing rhetoric and misinformation emanating from platforms like Facebook.
Before the riot at the Capitol, Ayers posted statements on social media accusing former Vice President Mike Pence, Supreme Court Justice John Roberts, and former President Donald Trump of treason for failing to certify fraudulent voters.
When he left his home in Ohio for Washington, DC on January 5. Departed for, prosecutors say, he issued an online call to fellow Trump supporters to attend the Stop the Steel rally. His rhetoric was often heated or peppered with language about the necessity of a civil war if Trump were not to emerge victorious.
In fact, Trump had lost the election to now-President Joe Biden, and by the time of the uprising, the former president had publicly lost dozens of lawsuits accusing him of fraud.
“The time has come for us to face the tyranny!” Ayres wrote in a message before the attack.
“If [deep state] ROBBED PRESIDENT TRUMP!!! Civil war will break out!” he said in another, court records show. [punctuation original]
A day after the riot, Ayres posted a video on YouTube with Parna and another unidentified person. Ayres called the January 6 attack “staged” in the video and suggested it was members of the anti-fascist or “Antifa” movement who had provoked police and led the charge.
This echoes the misinformation spread by the former president and his supporters in Congress. The FBI determined last year that there was no evidence that “Antifa” attacked the Capitol or posed as supporters of the former president.
When Ayres testified before the committee Jan. 6, prosecutors said they felt he was not sufficiently remorseful and called his response to committee Vice Chair Liz Cheney “misguided” when she questioned him about it. Pressed on whether he believed the 2020 election was still stolen.
On Thursday, Ayres tearfully told the judge that his decisions on Jan. 6 and the verdict that followed destroyed his life. He lost a good friend, and he lost his job. He embarrassed his family and himself, he said.
“I’m above division in the country,” Ayres said. “I wake up every day and pray for the officers who are [still] Struggling with January 6th.
In court, he apologized to law enforcement, their family members and those who lost someone on Jan. 6.
Five people died as a result of the attack; Hundreds were seriously injured.
“I want everyone in this country to stop and see where this is going. This country is supposed to be the light of the world, the ray of hope, and they see these things on TV… it embarrasses me,” he said.
Ayres’ wife also spoke on her behalf, telling the judge that their children did not have to feel the burden of their father’s decisions on Jan. 6 because he spent all his time since his arrest on good behavior and working to improve himself. spent in
If Ayers is jailed now, their children will feel the burden.
“When we got married, we promised that we would never show our children a broken home,” she said through tears. “If my husband goes to jail, it will break that vow.”
She also apologized on behalf of her husband.
Along with dismissing the remaining counts against him, Judge Bates wished Ayres well and told him he must “observe and comply” with the terms of his 24-month probationary sentence. But before Ayers was let go, the judge offered one final thought: He agreed with her—what Ayers had done was “disgraceful, shameful and a stain” on our nation’s democratic institutions.