On Wednesday, a Texas florist that was at the Capitol building on January 6 was sentenced to two months of probation, in addition to a $5,000 fine and a restitution payment of $500.
Jenny Cudd, of Midland, Texas, appeared before US District Judge Trevor McFadden in Washington DC for sentencing on a Class A misdemeanor count of entering and remaining in a restricted building.
In a defense sentencing memorandum filed by Cudd’s attorney, Marina Medvin, she noted that Cudd entered the Capitol building at 2:35 on January 6, and took photos and selfie videos, remaining within the red velvet ropes set up inside the building during her 19 minutes inside.
"Ms. Cudd came to Washington DC to protest free and fair elections. She had no plans to ever enter the Capitol building; and once inside, she did not take anything, break anything, or hurt any person. Instead, while in the Capitol, she joined a prayer circle and tried to prevent another protestor from breaking government property," Medvin wrote.
Medvin described Cudd as a "free-spirited, independent woman" who "thoroughly enjoys life and takes pride in her American heritage," outlining her efforts within the Midland community.
Budd reportedly made the decision to travel to DC to support former President Donald Trump "when President Trump first announced on Twitter a protest for his supporters scheduled for January 6th in DC."
Noting a video shared by Cudd, taken after listening to speakers on January 5 in Freedom Plaza, "Ms. Cudd had not previously discussed this concept of a revolution. And, not taking time to mull over her thoughts before repeating the speakers’ talking points, and not knowing what the next day would bring, Ms. Cudd didn’t pause to consider possible misconceptions about her Facebook Live discussion and the need to clarify her words."
Medvin said that Cudd, following Trump’s rally earlier in the day, later moved to the Capitol building, where protests were scheduled to continue.
She said that Cudd followed the crowd, and eventually found herself in from of open doors, where she entered. Medvin added that Capitol Police officers didn’t tell Cudd to leave, and that one officer appeared to encourage her.
"Jenny Cudd did not go into any closed spaces or offices, nor did she go up or down any staircase. Every door she went through was an open door. She did not touch anything, did not remove anything from the Capitol, nor break anything. Moreover, when in the Rotunda, she observed someone banging the stanchions and yelled at them to stop, cautioning them not to destroy Capitol property — 'Don’t break anything!' she yelled. Ms Cudd even joined a prayer circle for a few prayers," Medvin wrote, adding that Cudd left once officers told people inside to exit the building.
Following the events at the Capitol, Cudd recorded another Facebook live video, in which she was seen sipping on beer, and saying "I'm going to tell you all what actually happened today, because you are not going to hear it on fake news. You're not going to hear it on national news."
"Jenny Cudd rambled on and on, for over 25 minutes straight, sipping a beer as she kept talking — her speech erratic, her eyes bloodshot and glassy, her skin flushed. Ms. Cudd’s appearance, mannerisms, speech, and disposition were observably affected by the alcohol. She began reciting the events of that day, using the term 'we' indiscriminately to refer to anything and everything performed by the individuals she referred to as Patriots or Trump supporters," Medvin wrote.
Following her appearance in television in an attempt to clear her name, and her subsequent arrest, Cudd received countless pieces of "hate mail," and her store was defaced "both physically and on various internet reviews sites."
According to WUSA9, prosecutors had requested that McFadden sentence Cudd to 75 days in jail, a year of supervised release and 60 hours of community service.
Assistant U.S. attorney Laura Hill said that Cudd had prepared for violence on January 6, wearing a bulletproof sweatshirt, engaging in a push against law enforcement, and celebrating property destruction after leafing that Capitol.
Hill also pointed to her apparent lack of remorse for her role in the riot, as evidenced by repeated statements since Jan. 6.
In the defense sentencing memorandum, Medvin drew parallels between the actions of violent protestors in Portland, Oregon over the summer of 2020 to those who rioted at the Capitol building.
"While the federal crimes were deliberate and premeditated, only about 103 individuals were arrested throughout the four-month ordeal, most for arson and serious assaults on police officers," Medvin wrote.
"Yet, the overwhelming majority of these defendants had their serious charges dismissed," she added. "This is despite a DOJ press release calling Antifa’s relentless riots 'domestic terrorism.’"
She noted that nonviolent participants in the Portland riots were "general not charged," while those at the Capitol have been, "The majority of whom are charged for trespass-related conduct."
"In what world would it be considered 'just' for those who commit felonious assaults on police officers to receive more lenient treatment than those who trespassed on public property?" Medvin asked.
"The wildly disparate treatment is inexplicable in any way other than political bias," she added.
During the sentencing, McFadden reportedly said that he didn't believe in "aggregate justice," and that he found the DOJ's sentencing recommendation for Cudd "disproportionate" from those with similar conduct, WUSA9 reported.
"It does feel like the government had had two different standards here, and I can't abide by that," he said.
In a statement given to The Post Millennial, Medvin said: "Thank you to The Post Millennial and Andy Ngo for highlighting stories about DOJ’s Portland and Seattle case dismissals. Your reporting played a major role in our ability to fully appreciate the disparate treatment of January 6 Capitol case defendants as compared to the BLM and Antifa defendants, and to use the stark contrast in arguing for a fair and equitable penalty for Ms. Cudd."
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