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Glenn Kirschner: Plea Offers to Some Insurrectionists Raise Concerns: Here’s What Drives Prosecutorial Decisions


June 03,2021

Federal prosecutors announced in court that they are engaged in preliminary plea discussions with defendants who are charged with various crimes for attacking the US Capitol on January 6. Just today, one such insurrectionist, Paul Allard Hodgkins, pleaded guilty to one felony count of obstructing an official congressional proceeding in exchange for prosecutors agreeing to drop four other charges and limiting his sentence to less than two years in prison. Notably, Hodgkins is not required to cooperate with prosecutors as a condition of his guilty plea. From the outside looking in, this may raise both eyebrows and concerns. But as a former career federal prosecutor in the DC US Attorney’s Office (the office prosecuting the insurrection cases), I explain in this video what goes into prosecutors plea offer decisions..

About Glenn Kirschner

Glenn Kirschner brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. Glenn is an NBC News and MSNBC legal analyst and teaches criminal law at George Washington University.

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