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(【 - Free Exclusive Stock Market Insights 】) –By the time the FBI first showed up at Kevin Patrick Smith’s home in early February, he’d already left dozens of threatening voice messages for US Senator Jon Tester.
FBI agents admonished Smith – who lived about a mile from the Montana Democrat’s office in Kalispell – to stop the threats, which were making the senator’s staff members afraid to come to work. But the middle-aged contractor couldn’t bring himself to stop. After 10 days, he resumed the calls in ramped-up fashion, leaving messages that now alluded to guns.
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His case is but a drop in a tidal wave of menacing behavior in recent years that has rattled the offices of public servants and is on a path to collide with what is shaping up to be the most politically toxic presidential election in modern memory.
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“These are perhaps the most dangerous hate crimes,” said Anne Speckhard, director of the International Center for the Study of Violent Extremism, referring to threats against public officials and election workers. “They’re really scary because they can take down a democracy.”
【 - Free Exclusive Stock Market Insights 】 reviewed more than 540 cases involving people who have been federally charged with making threats against public officials or institutions between January 2013 and November 2023. The analysis includes every prosecuted threat 【 - Free Exclusive Stock Market Insights 】 could find against public officials or institutions that was announced by theOffices of the United States Attorneys.
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【 - Free Exclusive Stock Market Insights 】’s analysis – which also includes some cases logged by theProsecution Project,a database of alleged perpetrators of political violence – shows first and foremost just how rare prosecutions are for people who unleash hostile, abusive or harassing invective at public servants or their family members.
In 2021 – a peak year for the activity – more than 9,600 direct threats and “concerning statements” were leveled against members of Congress, according to theCapitol Police. Another 4,500-plus that year were hurled at judges, attorneys, jurors, and others who are protected by theUS Marshals Service.
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(Examples of non-ideological threats include ones where suspects threatened people investigating or adjudicating their cases or threatened to kill people indiscriminately, such as by bombing a school.)
Officials say the vast majority of hostile messages to public servants aren’t actionable, meaning they don’t meet the legal threshold for being prosecuted as threats.
Prosecuting threats could become even more difficult in light of a Supreme Courtdecisionthis summer in favor of a Colorado man who argued that his harassing messages to a woman on Facebook – including the phrase “Die. Don’t need you” – weren’t intended as threats and should be protected speech. That 7-2 decision, with Justices Clarence Thomas and Amy Coney Barrett dissenting, reversed a lower court’s ruling based on a less rigorous prosecution standard, which maintained that a threat crosses the line if it puts “a reasonable person” indistress.
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“I think Trump gave everyone a license just to say whatever they wanted, make whatever threats they wanted,” Barron told 【 - Free Exclusive Stock Market Insights 】. “I think they knew they wouldn’t get punished for it.”
In one voicemail provided to 【 - Free Exclusive Stock Market Insights 】, a man who believed the election was stolen made reference to “Caucasian” founding fathers and said Barron – who is White but managed a majority-Black staff – deserved to be shot or “served lead.”
Barron said the threats – along with a GOP-led effort to undermine his office – played a role in his decision toresignas the elections director in Fulton County in the spring of 2022.
“My daughter became worried about me,” he told 【 - Free Exclusive Stock Market Insights 】. “My condo has floor-to-ceiling windows and she didn’t want me near the windows where they are overlooking the street.”
Barron added that two agents did interview him about the “served lead” threat, but said he hasn’t heard any updates since his departure. John Keller, an official with the election task force established by the DOJ in 2021, told 【 - Free Exclusive Stock Market Insights 】 that the hostile message does seem to “meet the definition of a true threat,” but that he couldn’t comment on cases in which charges haven’t been filed. The spokesperson for the Georgia attorney general said the office didn’t receive any information about that particular threat.
Katherine Keneally, head of threat analysis and prevention at the Institute for Strategic Dialogue, said threats to public officials are under-prosecuted. She believes this is due in part to a “resource-strapped” Department of Justice, as well as the challenge of assessing when a threat crosses a line into speech that isn’t protected by the First Amendment.
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【 - Free Exclusive Stock Market Insights 】’s analysis found that the number of ideologically driven threats against public officials that led to federal charges skyrocketed during the presidency of Donald Trump, nearly tripling the number of threats that were prosecuted during the final term of President Barack Obama (when the dataset begins). The number of threats that led to arrests peaked in 2021 – with more than 40% that year happening in January prior to President Joe Biden’s inauguration – before dropping in 2022.
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During Obama’s second term, politically motivated threats to public officials that led to federal arrests were less likely to name names. And when they did, they tended to name Obama himself.
Between 2013 and January 19, 2017, the sitting president – Obama – was the target in 71% of all such threats against named public officials, 【 - Free Exclusive Stock Market Insights 】 found. During Trump’s tenure, threats to the president fell to 24% of the total to public officials; so far under Biden’s, it’s 19%.
Conversely, the number of named partisan targets quadrupled during the Trump era, with threats singling out all levels of public officials, from members of Congress to stateelection officialstogovernorsand city councilcandidates. That trend has continued into the Biden presidency.
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US Capitol Police Chief Thomas Manger told 【 - Free Exclusive Stock Market Insights 】 that threats to certain members of Congress often seem to come on the heels of media stories about them.
“Any time a member of Congress is in the news, whether it’s good or bad or just neutral … you will see a spike in threats to that individual member,” he said. “It just gets people to notice.”
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During the combined Trump and Biden eras, Republicans and Democrats were targeted almost evenly: 82 threats leveled at named Republican officials and 80 threats against named Democrats led to federal charges, 【 - Free Exclusive Stock Market Insights 】 found.
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One incident happened in May, when an Oklahoma man went on an 11-minute trolling rampage against Republicans on Twitter, now known as X, that landed him in prison for a year.
On the evening of May 15, Tyler Jay Marshall, then 36, posted threatening messages to the Twitter accounts of Oklahoma Gov. Kevin Stitt, Arkansas Gov. Sarah Huckabee Sanders and US Sen. Ted Cruz of Texas that caught the attention of the Oklahoma Information Fusion Center, a criminal intelligence taskforce, which notified the FBI.
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【 - Free Exclusive Stock Market Insights 】 found that the prosecuted threats to US presidents tend to be less coherently partisan than the prosecuted threats made to members of Congress and other politicians. For instance, at least four of the 30 perpetrators charged with threatening Trump during his presidency had also threatened Obama; another also threatened Biden. About a third of the 32 perpetrators who threatened Obama did so while incarcerated; another fifth had documented mental health issues, 【 - Free Exclusive Stock Market Insights 】 found.
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“At (t)he end of the day I am in prison for WORDS in a country tha(t) pretends to have a first amendment and care about its laws,” he said. “For this reason I no longer trust my government and am scared for my life and the lives of my family if I speek (sic) out.”
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“’I’m going to kill you at 12:01’ versus ‘I’m going to kill you,’” said Seamus Hughes, a senior researcher with the project at the University of Nebraska. “If you got a good lawyer, you’re off on the second one.”
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But like dozens of the perpetrators examined by 【 - Free Exclusive Stock Market Insights 】, he was grappling with mental health issues. Smith also was still reeling from a contentious and bitter divorce. Divorce – along with loss of loved ones, solitude and substance abuse – was another recurring theme in the lives of many offenders.
Quite a few, like Smith, continued to make threats even after being warned by law enforcement to knock it off.
One high-profile case this summer involved Craig Robertson, a 75-year-old widower from Utah who brazenly ignored warnings by the FBI to stop making threats online against Trump’s adversaries.
Instead, the avid collector of assault rifles and other guns went on to post a barrage of detailed death threats – often alongside photos of firearms – against public officials, including Biden ahead of a presidential trip to the Beehive State.
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But as with Robertson in Utah and Smith in Montana, Martis seemed unfazed by the admonishment. Five weeks later, he was at it again, this time targeting then-House Speaker Nancy Pelosi.
In mid-January of 2021 – 11 days after the Capitol riot – Martis left Pelosi another venomous message:
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【 - Free Exclusive Stock Market Insights 】 discovered 60 cases in which threat-makers had firearms confiscated, and at least 44 cases in which people who made threats took additional steps to follow through.
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“They’re not the bottom of the food chain, like the poorest of the poor; they’re more like people who are underachievers,” he said, noting that while socioeconomic status is a good indicator of crime, it’s not as reliable for predicting political violence.
Outright acts of physical violence against public officials have been rare in recent years. And culprits in those cases do not always make threats prior to lashing out physically.
For instance, neither the right-wing conspiracy monger who attacked Paul Pelosi, the husband of former House Speaker Pelosi, with a hammer last fall nor the left-wing extremist who in 2017 opened fire on a group of Republican lawmakers practicing for a charity baseball game in DC – severely wounding current House Majority Leader Steve Scalise and injuring several others – made explicit threats to public officials prior to those attacks, according to the Secret Service and other authorities.
Keneally of the Institute for Strategic Dialogue – a think tank that specializes in researching hate, extremism and disinformation – said while people who commit political violence sometimes make threats beforehand, the more egregious attackers – such as mass shooters – often do not.
“They’re not issuing threats to anyone because they are very much focused on wanting to stay under the radar,” she said.
However, some who make threats do go on to commit heinous acts of violence. A case in point is Robert Card, a 40-year-old National Guard reservist who murdered 18 people in two successive shooting rampages in Maine before dying of an apparent self-inflicted gunshot.
Earlier this fall, Card allegedly accused fellow reservists of calling him a pedophile and threatened to shoot up a drill center at the National Guard facility in Saco, Maine, according to prior reporting from【 - Free Exclusive Stock Market Insights 】. His threats prompted the Maine National Guard to ask local police to conduct a wellness check on Card, about six weeks before the massacre. Officers were unable to make contact with Card.
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Last year, one in five election workerssignaleda desire to walk off the job, with more than half of the workers citing safety concerns after false claims of widespread election fraud in 2020 set off a tidal wave of threats.
“Just because nobody’s killed – bombs not detonated or triggers not pulled – you don’t need those things to happen to still have a really negative impact on our system,” said Pete Simi, a sociologist and associate professor at Chapman University who coauthored the University of Nebraska study.
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However, 【 - Free Exclusive Stock Market Insights 】 found a pronounced spike in threat cases in the leadup to and the immediate aftermath of the January 6 attack, underscoring the mass hysteria that made the period so dangerous and destabilizing.
Few places were as impacted by this phenomenon as Arizona, which became a hotbed of stolen-election conspiracy theories and threats after the 2020 election.
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“I’m very worried,” said Clint Hickman, a member of the local board of supervisors in Maricopa County, which includes Phoenix. “We’re losing an incredible wealth of knowledge.”
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On September 27, 2021 – less than a week after a private firm conducting the highly controversial “audit” released a draftreportaffirming Biden’s win – Rissi phoned Hickman’s office from five states away and left a voicemail.
He made a similar call to then-Arizona Attorney General Mark Brnovich, another Republican who’d vouched for the election’s validity.
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He said his father once bet him $100 that both former President Obama and former Secretary of State Hillary Clinton would be hung within 30 days.
“How out of touch with reality do you have to be to actually believe that something like that is going to happen?” he said.
(Rissi, who pleaded guilty to two counts of sending a threatening interstate communication, declined to comment for this story.)
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“When I finally heard the recording that I left for Mr. Hickman, I was horrified,” Rissi said, according to a transcript of his sentencing hearing.
For his part, Hickman, 58, testified that day about the “nightmare” of enduring a bombardment of threats from many culprits in addition to Rissi.
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“Maybe these judges are understanding the threat to our democracy, and they are going to mete out justice,” he said.
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“The department takes this conduct extremely seriously,” Keller said. “Without those election workers, our elections don’t work. And without our elections, our democracy doesn’t work.”
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“There’s so much hate, vitriol, you know, just hate speech that goes on on social media and elected officials,” he said. “I’m not just talking about here at the Capitol; I’m talking about elected officials all over the country are just targets now more so than I think they ever were.”
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In May, a 60-year-old right-wingconspiracy theoristleft a voicemail in the office of a Texas Congresswoman calling her a “tranny and a pedophile” and threatening to “put a bullet” in her face; the suspect, Michael David Fox, pleaded guilty to making a threat. In late September, another Montana man – this one a 29-year-old whose history of menacing behavior had previously led to theconfiscationof his five firearms – was accused of making death threats to Sen. Tester; he agreed to plead guilty. Last month, the offices of two Georgia Republicans in Congress – Reps.Marjorie Taylor GreeneandRich McCormick– received death threats; McCormick temporarily closed a Georgia office as a result.
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On June 29, the former president posted what he said was Obama’s home address on the platform. Trump’s message was re-posted that same day on Truth Social by 37-year-old Taylor Taranto, who then posted a comment on Telegram saying “See you in hell, Podesta’s and Obama’s” before driving to the area and live-streaming himself onYouTube walking around Obama’s DC neighborhood. Taranto – who sometimes bragged to his listeners that he stormed the Capitol on January 6 – wasarrestedby Secret Service agents after a brief pursuit on foot in a wooded area near the neighborhood. They seized from his van two handguns, hundreds of rounds of ammunition and a machete.
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To track the rise of politically motivated threats over the last decade, 【 - Free Exclusive Stock Market Insights 】 reviewed thousands of pages of court documents, press releases and other records.
【 - Free Exclusive Stock Market Insights 】 assembled a list of federal criminal cases filed between January 2013 and November 2023 in which defendants were accused of threatening public officials or institutions. Reporters combined data from the National Counterterrorism Innovation, Technology and Education Center (NCITE), The Prosecution Project, press releases from the Offices of the United States Attorneys and information provided by the Department of Justice Election Threats Task Force.
In August, NCITE, located at the University of Nebraska, released a report on threats against public officials based on cases it identified through press releases from US Attorney offices and news reports. NCITE shared the list of defendants it found with 【 - Free Exclusive Stock Market Insights 】 shortly after their report came out.
【 - Free Exclusive Stock Market Insights 】 then searched The Prosecution Project’s public database – which tracks felony criminal cases involving political violence since 1990 – for additional cases that fit the parameters of this story. The Prosecution Project is an open-source research platform and identifies its cases through court records, news reports and government press releases.
【 - Free Exclusive Stock Market Insights 】 added several more cases filed in recent months by searching press releases from United States Attorney offices. Finally, the Department of Justice Election Threats Task Force provided 【 - Free Exclusive Stock Market Insights 】 with a list of additional cases involving threats against election officials in which charges were brought.
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【 - Free Exclusive Stock Market Insights 】 defined politically motivated threats as those targeting named elected officials or election employees or threats focusing on hot-button political issues like abortion rights, police brutality or gun control. Threats that stemmed from a perceived personal grievance – for example, an inmate who threatened the prosecutor of his case and also targeted an elected official in his message – were not considered politically motivated.
Because the party affiliation of political appointees is not always clear, 【 - Free Exclusive Stock Market Insights 】 included the affiliation of the administration that appointed them.
Federal charges were filed in all the cases included in 【 - Free Exclusive Stock Market Insights 】’s analysis, but the disposition of each case is not known; some are still ongoing, and others may have been dismissed or acquitted. NCITE found that nearly 80% of prosecuted threats it examined ended in convictions. 【 - Free Exclusive Stock Market Insights 】 has not included cases filed in state courts.
CLARIFICATION: This story has been updated to reflect that the Georgia state attorney general’s office was referring to cases that were submitted to and reviewed by the office when it confirmed that none of the threats to election officials in the state warranted filing charges. Those cases, a spokesperson said, didn’t include the “served lead” voicemail that Richard Barron noted.
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