Subpart 3.4 - Verbal Threats Against the Court

A. Party Makes Verbal Threats Against the Court

Some members of the Anti-Government movement can be scary people. They range from truly non-violent tax protesters and simple farmers or racially intolerant members of the KKK and the Aryan Nations to gun-toting secessionists who both preach and practice violence in order to attain their goals. Threats by the movement, though clearly not always carried out, should be dealt with swiftly and severely. The alleged connection to the bombing of the Oklahoma City federal building, the sieges at Ruby Ridge and in Waco and the issuance by common-law courts of billions of dollars in false liens and many "death sentences" should make at least two things clear - these people are serious, and they have the potential to be dangerous.

Although it is not as common (yet) as one might expect, members of the movement have been known to issue threats to court clerks and administrators, not to mention judges and jurors. They have been known to "pack the courtroom" in order to intimidate those conducting a hearing or trial. Obviously, the defendant may not be the only militiaman present, and he may not be the only one who is perceived as threatening or making threats.

B. Responding to Threats Made by Members of the Movement

1. Calm/Warning - It is of the utmost importance that both the court and court personnel remain calm and courteous when threats are made. Although it may be difficult to keep this in mind when one feels threatened, overreacting or becoming rude or adversarial plays into the hands of the anti-government movement's adherents. A court should have an established procedure for dealing with such threats, and should adhere to the procedure religiously. At the same time, the court should make clear to the militiaman that such threats will not be tolerated, and that statutes exist for punishing those who attempt to intimidate those involved in courtroom proceedings. Where warranted, additional security is an option, and under sufficient circumstances the courtroom may be closed to spectators.

2. Contempt - No one would argue that where a person in a courtroom openly threatens a member of the court staff, contempt lies. The use of the contempt power should be used with some restraint, as a finding of contempt will almost inevitably delay proceedings and add additional fuel to the flame.

3. Report Threats - Threats made against court personnel should be reported to the police as soon as possible, and they should be investigated. While there may be times that a threat is either imagined (having large numbers of people who clearly think that your authority is illegitimate is sufficiently unnerving that small innocuous statements or actions may seem threatening), the very real possibility that such threat may be carried out should be sufficient to justify at least some investigation. Also, there are statutes that may be brought to bear in such circumstances, both general assault statutes and specific intimidation of court personnel statutes, as well as conspiracy statutes where a number of movement members are involved.

4. Reassure Jurors, Take Extra Safety Precautions - Because members of the movement often proceed pro se, it may be impossible to keep from them a list of the jurors. Because of this, the jury may find themselves being threatened. It becomes important here to provide sufficient security such that jurors can feel safe. In addition, the court should make it clear to the party that tampering with the jury through contact, threats to them, their families, or otherwise, will result in severe sanctions, perhaps including criminal prosecution. The court might also use the option of sequestration to ensure that jurors feel and remain safe and unmolested.

Members of the movement may very well be dangerous. Threats should not be taken lightly, they should be investigated and dealt with in the swiftest fashion.