Most insurrectionists won’t get plea agreements because they don’t have anything to bargain: legal expert

Josh and Jessica Bustle have reached a plea agreement for their participation in the Jan. 6 attack on the Capitol. Jessica infamously posted on social media that Vice President Mike "Pence is a traitor."

The couple was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, knowingly engaging in disorderly or disruptive conduct in restricted building or grounds, violent entry and disorderly conduct on capitol grounds, and parading, demonstrating, or picketing in Capitol buildings.

"Several tips were received indicating that Jessica BUSTLE and her husband Joshua BUSTLE were present at the Capitol and entered the building," said the Statement of Facts from the Justice Department. "These tips included Facebook postings which appear to have been made by Jessica BUSTLE."

They are among those having a hearing Monday for plea agreements, but at least one legal expert is questioning whether it'll happen.

Marcy Wheeler tweeted that plea agreements are generally only given to people who can provide evidence against someone else that law enforcement couldn't have obtained otherwise.

"Which is unlikely here," she explained. "One way I expect some MAGA tourists to get leniency for cooperation, [for what it's worth], is for validating their own videos for other prosecutions."