Last week, a source provided me with a federal grand jury subpoena. The subpoena1, issued by the U.S. Attorney’s Office for the Southern District of New York, is directed to Reason.com in Washington, D.C.. The subpoena commands Reason to provide the grand jury “any and all identifying information”2 Reason has about participants in what the subpoena calls a “chat.”
The “chat” in question is a comment thread on Nick Gillespie’s May 31, 2015 article about Ross “Dread Pirate Roberts” Ulbricht’s plea for leniency to the judge who would sentence him in the Silk Road prosecution. That plea, we know now, failed, as Ulbricht received a life sentence, with no possibility of parole.
Several commenters on the post found the sentence unjust, and vented their feelings in a rough manner. The grand jury subpoena specifies their comments and demands that Reason.com produce any identifying information on them:
AgammamonI5.31.15 @ lO:47AMltt
Its judges like these that should be taken out back and shot.
AlanI5.31.15 @ 12:09PMltt
It’s judges like these that will be taken out back and shot.
croakerI6.1.15 @ 11:06AMltt
Why waste ammunition? Wood chippers get the message across clearly. Especially if you feed them in feet first.
The grand jury subpoena specifies that it is seeking “evidence in regard to an alleged violation of: Title 18, United States Code, Section 875.” In other words, the U.S. Attorney’s Office is looking for evidence of violations of the federal law against interstate threats. That’s the same statute that was at issue in the Supreme Court’s decision in Elonis v. U.S. last week, in which the Court decided that to be a “true threat” in violation of Section 875, the speaker must have some level of knowledge or intent that the hearer will take the threat seriously.
Since the comments are about a judge, if they are “true threats” they could conceivably also violate Title 18, U.S.C., section 115(a), which prohibits threatening federal judges.
How much it will cost you to hire a lawyer to defend yourself against an obviously meritless investigation, for speaking your mind in a manner that no one, except a wet-behind-the-ears mutton-headed Assistant United States Attorney for the Southern District of New York, who should be defenestrated through a plate glass window for wasting taxpayer dollars on a frivolous investigation of mere internet braggadocio and hyperbole, would read as anything other than mere internet braggadocio and hyperbole. about the wrong people. People like Eli Manning, or a federal judge who issued an incredibly harsh sentence in a very political case?
Full Story @ [POPEHAT]