5 days ago Marcy Wheeler predicted Ann Morgan-Floyd would get a light sentence, for a good reason.

[pnwmom]

Actually, Wheeler listed multiple reasons, but I think one was key: Morgan-Lloyd's cooperation.

https://www.emptywheel.net/2021/06/18/the-model-maga-tourist-anna-morgan-lloyd-and-evidence-collection/

COOPERATION WITH LAW ENFORCEMENT

Finally, the government motion and Morgan-Lloyd’s statement describe the import of cooperation with law enforcement. In the government’s description, they noted she allowed her phone to be imaged and analyzed.

Third, one important aspect of promoting respect for the law is encouraging cooperation and truthfulness with law enforcement. Here, following her arrest, the Defendant fully cooperated with law enforcement and admitted to the full scope of her actions. In addition to waiving her rights and agreeing to be interviewed by law enforcement, she also allowed her mobile phone to be downloaded for substantive analysis.

Morgan-Lloyds statement described how she freely let the FBI get the contents of her phone.

I openly and honestly told them everything I could recall from that day. I gave them my phone freely to download what they needed. My phone was not locked so they didn’t need a password to get in. If it had a password I would have willingly provided it.

I have described how, especially more recently, the government seems to have been prioritizing the misdemeanor arrests of those who might have important evidentiary videos on their phone. Morgan-Lloyd describes seeing what may be the East Doors get opened from inside.

I saw the side doors being opened from the inside and assumed the door closest to me were also open because people who worked in the Capital Building walked past us. They didn’t look nervous or scared.

If she did see those East Doors open, and especially if she has some kind of video evidence, it may prove important to figure out who precisely initiated that and whether it was premeditated and coordinated with those outside the building (as seems likely).

When I first noted that the government seemed to be arresting those from whom they expected to get key evidence, I imagined that those people, especially, would get favorable terms for sentencing. The emphasis here on sharing her phone contents seems to accord with that.

[empedocles]

1. Marcy ahead of the crowd again. Bullseye.

[summer_in_TX]

9. Great analysis.

As usual from @emptywheel.

K & R!

[FalloutShelter]

2. Important read.

Thanks for sharing. Kicked and rec’d.

[empedocles]

3. TY for the heads up.

[Scrivener7]

4. She should still get jail time.

[pnwmom]

5. That would discourage other potential cooperators and prevent prosecutors

from negotiating potential flips, if the judge ignored the prosecutor's sentencing recommendations.

Think of this as like a mob prosecution. They let the underlings plead down, and sometimes get off altogether, in order to go higher and higher up the chain.

[Scrivener7]

6. She should get much less than her co-treasonists, but she should get some.

This was an attempt to overthrow the government. EVERY participant should pay a significant price.

Let the incentive to cooperate be the surprisingly long sentences for those who do not.

[pnwmom]

7. They didn't have evidence that SHE was there to overthrow the government, even though

they looked through her phone.

And she was sentenced by a judge who's ready to throw the book at her, if she steps out of line, so probation is not nothing.

[empedocles]

12. AMF was the most attractive 'bait' for flippers the feds could put out there? Seems so.

[Indykatie]

8. Marcy Wheeler is a Must Follow on Twitter. I find that's the Easiest Way to Keep Up With Her Work.

She always gives links to her longer pieces on twitter. She's the best at following the riveting court stuff for the insurrectionists. You can find her at @emptywheel.

[MontanaMama]

10. Kick & Rec.

[GoodRaisin]

11. K&R