Rep. Jim Banks, R-Ind., is raising concerns about a potential double standard within the Justice Department after a man who threatened his family was not charged by federal prosecutors. Banks argues that the DOJ’s decision not to file federal charges against Aaron Thompson, who admitted to making multiple threatening calls to his office, highlights a potential political bias within the department.
Thompson pleaded guilty in October to state felony and misdemeanor charges after he left menacing voicemails with Banks’ office. The Allen County prosecutor pursued the case, and Thompson was sentenced to two years probation. However, Banks sent a letter to Attorney General Merrick Garland demanding an explanation for why the U.S. attorney for the Northern District of Indiana declined to file federal charges.
Banks contends that this decision contrasts with the DOJ’s handling of similar threats against Democratic lawmakers, pointing to the prosecution of individuals who threatened Reps. Eric Swalwell of California and Bennie Thompson of Mississippi. He also cited the recent case of a Texas man who received a nearly three-year jail sentence for leaving threatening and racist voicemails for Rep. Maxine Waters.
“I’m thankful for Allen County Prosecutor Mike McAlexander and Deputy Prosecutor Adam Mildred for taking these threats seriously and for enforcing the law impartially,” Banks told Fox News Digital. “I want an answer from AG Garland explaining why he ignored threats against my family but prosecuted similar threats against Democrats. It appears to be just another example of the Biden administration’s political weaponization of our justice system.”
In response to Banks’ allegations, a Justice Department spokesperson highlighted over a dozen prosecutions of individuals who threatened Republican members of Congress, including threats to Reps. Matt Gaetz, R-Fla., Marjorie Taylor-Greene, R-Ga., and Clay Higgins, R-La. The DOJ spokesperson emphasized that Garland “has told Congress that he views threats to public officials as threats to our democracy and the department will continue to treat them as such.”
However, Banks maintains that Thompson’s case is distinct. He stated that Thompson, who previously posted on social media encouraging his followers to “Vote Democrat,” admitted to threatening him and his family due to his political beliefs.
Thompson’s threatening voicemails included a statement where he threatened Banks’ life and the lives of his three young daughters. He made it clear that his actions were motivated by his disagreement with Banks’ political positions.
The Justice Department’s decision to decline federal charges in Thompson’s case has sparked controversy and raised questions about the department’s commitment to impartiality. Banks has called for an explanation from Garland regarding the disparity in treatment between cases involving threats against Republican and Democratic lawmakers.
Mike Ferrara, a partner at New York firm Kaplan Hecker & FInk LLP and former assistant U.S. attorney in the Southern District of New York, acknowledged the complexities of federal threat statutes, noting that they require prosecutors to prove specific intent.
“The federal threat statutes can be tricky to charge because they require prosecutors to prove very specific things about what the perpetrator intended. It’s not enough to prove that someone hearing the words would’ve perceived them as a threat. Instead, federal prosecutors have to prove, for example, that the perpetrator made the threat to impede the performance of the official’s duties, or intended his words as a threat, or knew that the person to whom the words were directed would take them as a threat. These proof problems are especially complicated in a case like this one where the perpetrator’s defense is that he made the statements because he was drunk,” Ferrara said.
Ferrara explained that state laws might provide broader options for prosecuting threats, which could explain the decision to pursue charges at the state level instead of the federal level.
This incident has fueled ongoing debate about the politicization of the Justice Department and the fairness of its handling of threats against public officials.
Fox News Digital’s Joe Schoffstall contributed to this report. Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.
