DOJ to retry woman who laughed during Sessions’ confirmation hearing

WASHINGTON – MAY 4: Code Pink protester Desiree Fairooz stands on a table while Israeli President Shimon Peres speaks at the American Israel Public Affairs Committee (AIPAC) policy conference May 4, 2009 in Washington, DC. AIPAC, America’s bipartisan pro-Israel committee with 100,000 members in the U.S., holds their annual conference in Washington. (Photo by Mark Wilson/Getty Images)

The Department of Justice will retry a woman whom prosecutors say disrupted Jeff Sessions’ confirmation hearing for attorney general by laughing.

After rejecting a plea deal, Desiree Fairooz will again face charges of unlawful conduct for disrupting Sessions’ hearing in January.

According to court records, Fairooz rejected a deal offered by prosecutors that would have required her to plead guilty in exchange for a recommended sentence of time served.

Fairooz was detained after audibly laughing after Sen. Richard Shelby told senators at Sessions’ confirmation hearing that the then-Alabama senator had a record of “treating all Americans equally under the law.”

Her laughter lasted seconds and Shelby continued with his speech without acknowledging the disturbance.

In a statement, Fairooz said she let out a spontaneous “reflexive noise” because Shelby’s description was not true.

“It was an immediate rejection of what I considered an outright lie or pure ignorance,” she said.

Fairooz was previously convicted of a misdemeanor connected to disrupting the hearing, but a judge threw out the guilty verdict in July and ordered a new trial.

The new trial is scheduled to begin on November 13.