"We believe that the government's filing is a simple mish mosh of events from that day and does not accurately take into account the actions of these two individuals," Chicago attorney Nishay Sanan told the I-Team on Monday.
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Sanan's memo asking for probation will stand in sharp contrast to the government's, which asks a Washington, D.C. federal judge to lock up ex-patrolman Chwiesiuk for one year, and his sister for eight months.
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Prosecutors contend the former lawman is a liar and committed perjury on the witness stand during his trial last year. They say it was an effort aimed at covering up criminal conduct and attempting to mislead the federal jury.
"Typically, you'd see probation for people who are convicted of misdemeanors and have no prior record. But in this case, the fact that they pushed it to trial, the fact that one of the defendants took the stand, and they clearly didn't impress the government. And just given the whole backdrop, it sounds about right," said former federal prosecutor and ABC7 chief legal analyst Gil Soffer.
Soffer said even though they are misdemeanors, the siblings lack of remorse may hurt at sentencing.
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Chwiesiuk's sister, Agnes, has been collecting money for their criminal defense on a fundraising website, calling the January 6th investigation "a witch hunt" and saying she was just exercising her constitutional rights.
"This prosecution is politically motivated and its ultimate goal is to ruin my finances, reputation and future prosperity," Anges Chwiesiuk stated on the website.
The government says her fundraising effort underscores a lack of remorse. The page now appears to have been taken down.
Sentencing is scheduled for a week from Wednesday.