Monday, June 27, 2022

Is the threat real and immediate?

Sometimes the federal criminal code is inappropriate for such charges in the time we live in.

Georgetown Law (click here) The fact sheet by Georgetown Law sounds good but when reading the actual cited statutes the threat crime is qualified if connected to extortion. While the dialogue by Georgetown Law sounds exceedingly correct in relating to the crimes of insurrectionists, the actual statutes fall short and in relation to extortion.


The statute is qualified by extortion. It depends on the state. New Jersey laws will prosecute for death threats according to state statutes.

California actually addresses death threats that CAUSE FEAR. 

California Penal Code Section 422 (click here) — California’s law on criminal threats — defines “criminal threats” as the crime of threatening to kill or seriously injure someone. The crime is committed when you intentionally place another person in fear of being killed or seriously injured....

Federal legislators must address this gap in the law. The California law is far better than any of the federal statues I have read. Death threats cause people to pause and reflect. In the case of election workers the job and/or volunteer position just isn't worth staying invovled in elections. Threat laws must be updated to include any connection with insurrection. Election workers are a target of insurrectionists.

June 27, 2022
Michael Wines and 

Washington - “Do you feel safe? You shouldn’t.” (click here)

In August, 42-year-old Travis Ford of Lincoln, Neb., posted those words on the personal Instagram page of Jena Griswold, the secretary of state and chief election official of Colorado. In a post 10 days later, Mr. Ford told Ms. Griswold that her security detail was unable to protect her, then added:

“This world is unpredictable these days … anything can happen to anyone.”

Mr. Ford paid dearly for those words. Last week, in U.S. District Court in Lincoln, he pleaded guilty to making a threat with a telecommunications device, a felony that can carry up to two years in prison and a fine of up to $250,000. He did not immediately respond to a request for comment.

But a year after Attorney General Merrick B. Garland established the federal Election Threats Task Force, almost no one else has faced punishment. Two other cases are being prosecuted, but Mr. Ford’s guilty plea is the only case the task force has successfully concluded out of more than 1,000 it has evaluated.

Public reports of prosecutions by state and local officials are equally sparse, despite an explosion of intimidating and even violent threats against election workers, largely since former President Donald J. Trump began spreading the lie that fraud cost him the 2020 presidential election....

...The depth of election workers’ fear was underscored in hearings this month by the congressional panel investigating the Jan. 6, 2021, assault at the U.S. Capitol. Ruby Freeman and Shaye Moss, who are mother and daughter and both election workers in Atlanta, told of being forced into hiding by a barrage of threats in December 2020, after being falsely accused of election fraud by Rudy Giuliani, who was then Mr. Trump’s personal lawyer. Protesters tried to enter a relative’s house in search of the two. Eventually, they quit their positions....