Judge sets new trial for protester who laughed at Jeff Sessions

close

Video

What the media is missing in Sessions confirmation hearing

Bias Bash: Ellen Ratner on how the media focus on statements made by Sen. Sessions thirty years ago is influencing coverage of his confirmation hearings

A D.C. judge on Friday threw out the jury conviction of a Code Pink protester who laughed during Attorney General Jeff Sessions’ confirmation hearing.

Chief Judge Robert E. Morin of the Superior Court of the District of Columbia overturned the guilty verdict against Desiree Fairooz, who laughed aloud when Sen. Richard Shelby, R-Ala., said Sessions had a history of treatig people fairly.

Morin did find the disruptive behavior which occurred after Fairooz was removed from the hearing room as reason to set a new court date, according to The Huffington Post.

Fairooz was facing up to a year behind bars.

“I would have never spoken out at the hearing if I hadn't been arrested for laughing, and now I am going to be tried again. It's absurd. This is a waste of everyone's time and a waste of tens of thousands of dollars in taxpayers money,” Fairooz said after the hearing.

She told Fox News that the next step is a status hearing on Sept. 1 when the prosecution publicly decides whether to retry. Fairooz is being represented by a court-appointed attorney.

In May, Fairooz and two fellow activists were found guilty on one count of “disorderly or disruptive conduct” and a separate count for parading, demonstrating or picketing during Sessions’ Jan. 10 nomination hearing.

Her fellow protesters - Lenny Bianchi and Tighe Barry – received fines of $100 each and 10 days of (suspended) incarceration, according to Code Pink.

They are prohibited from being on the Capitol grounds for six months.