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A Tale Of Two JAGs

Is Randall Terry’s Anti-Sotomayor Tour Language A Violation Of Law?

terry.JPGYou decide:  horror movie poster or dog whistle call to action from Randall Terry to every nutball with access to God only knows what.

Just take a look at the poster to the left of Terry’s "Anti-Sotomayor Tour" and tell me there isn’t an irresponsible undercurrent of violent thought running through it.

I want to amplify what Kyle at Right Wing Watch said about this:  the right has gotten no traction on Sotomayor thus far.  Which means what to them?  Paltry fundraising numbers.

As Kyle points out, that doesn’t stop Randall Terry. No siree. For he of the "promote myself at any cost" mentality goes all out with this:

Randall Terry, for one, isn’t going to let this slow him down and so he is taking his "Defeat Sotomayor" effort on the road for a twelve city tour which is scheduled to culminate in Washington DC just as the hearings are getting under way (the photo below comes from this accompanying flyer [PDF and graphic content] proclaiming "To refuse to filibuster is to bow in abject obedience to the Angel of Death"). . .

I bring this to the public’s attention not to give Terry more publicity but because, frankly, I think the US Marshall’s Service ought to have a long talk with him.

As a sitting federal judge on the Second Circuit Court of Appeals, Sotomayor is entitled to protection from the US Marshalls, who take threats to judge security very, very seriously.

Especially since threats against judges have been mushrooming exponentially since the right wing decided to make judges targets of ire in so much of their public political discourse. And worse.

That this has been a long-term strategy for PR points with the rabid GOP base has not gone unnoticed. But it makes for a helluva lot of work for US Marshalls who are charged with protecting federal judges across the country. In fact, they just opened a new facility in Virginia to track threats nationwide it’s gotten so pronounced.

And for local sheriffs departments and state troopers who have to protect state judges from rampant lunacy and threats? Those folks are already overworked and underbudgeted as it is.

And yet, here comes Randall Terry tromping around and stirring up the multitudes of his unstable flock with a call from the Angel of Death.  Tell me that doesn’t say "big threat" in neon letters to you after the murder of Dr. Tiller.

I’m sure folks here remember Judge Reggie Walton from the Libby case. He had this to say in a recent interview about threats and the source thereof:

But Walton has his own theory on why the volume of threats has increased. "I think the unfortunate reality is our society has become so partisan … that when you have hot-button issues, people take it to the extreme."

He places some of the blame on talk show hosts. "The type of vicious attacks sometimes that you see coming from certain players in the media, I think contributes to the problem."

When asked what can be done about the situation, Walton responds: "It will take societal change, I think," and heaves a deep sigh.

For the record, most states have laws on the books which make it a felony to threaten a judge or other public officials in a way that is designed to prevent them from doing their duties or any number of other threatening behaviors. And federal law prohibits it as well (18 U.S.C. 115 and 18 U.S.C. 119).

Which is exactly what I see Randall Terry — who makes a point of a stop in front of the clinic that Dr. Tiller used to work at before he was brutally murdered in his own church during a Sunday service — doing with this tour. If Terry won’t learn any lessons about civic responsibility to not incite violence, directly or indirectly, the US Marshall’s Service might just have to help him learn that lesson through enforcement of the rule of law.

Maybe the name Hal Turner will ring a bell with Terry?

  Spotlight
47 Responses to "Is Randall Terry’s Anti-Sotomayor Tour Language A Violation Of Law?"
Christy Hardin Smith | Wednesday July 8, 2009 09:10 am 1

This whole thing creeps me out entirely. You tell me — does this feel like a bit of a threat to you, too?


oldgold | Wednesday July 8, 2009 09:12 am 2

What does the Department of Law have to say about this?


Christy Hardin Smith | Wednesday July 8, 2009 09:20 am 3
In response to oldgold @ 2

Thus far, they’ve been mum. But that may be because they are nonexistent. *g*

DOJ, otoh, has been doing enforcement actions a lot more frequently on judicial threats because they are up so much the past few years. I was reading an article today that was saying the US Marshall’s service stats show an 89% increase in written threats alone over the last 5 years.

That they’ve had to open a centralized threat center to deal with the sheer volume of the threats to federal judges and prosecutors is a huge tip-off that this problem has gotten way, way out of hand. And it’s people like Randall Terry — and his over-the-top rhetoric from Shiavo forward — that have helped this culture of crazy threats along.


oldgold | Wednesday July 8, 2009 10:44 am 4
In response to Christy Hardin Smith @ 3

I agree, Terry is shouting the equivalent of “Fire!” in a crowded theater. This needs to stop – now!

I have some experience in this sort of thing and the toll threats of violence
take on your ability to function on a professional and personal level is
staggering.


mui1 | Wednesday July 8, 2009 11:22 am 5

I’ve been offline for a week due to a rootkit infection, plus post traumatic computer security issues syndrome.
But speaking of anti-Sotomayer venom, I was completely appalled, as person from the New Haven area when last week local news/ channel 8 /WTNH made the story of the firefighters suit against the city into a soapbox for persons who consider Sotomayer to be an “extremist.” The news story gave the right wing freaks the final word. And of course no one bothered to ask what they meant when they said “extremist.”
I never got to write a protest to the channel, because the rootkit attacked the next day.


mui1 | Wednesday July 8, 2009 11:24 am 6

contd @5 . Or I should say the rootkit made itself completely manifest the next day.


dakine01 | Wednesday July 8, 2009 03:30 pm 7

I think I remember reading that Randall Terry looks on John Brown as a role model.

I also seem to remember that John Brown was nuckin’ futz.

Much the same as Randall Terry.


Fern | Wednesday July 8, 2009 03:31 pm 8

This is very very creepy.

I don’t see how anyone can look at that poster and not see a threat against Sotomayor and an attempt to drum up violence.


wmd1961 | Wednesday July 8, 2009 03:39 pm 9

It’s surreal to have firearms training ads appear next to this post.

“Front sight firearms training institute” ad features an autoloading handgun plus hand gunsight centered on a human paper target.


demi | Wednesday July 8, 2009 03:39 pm 10

I just got home from work. (And, we all know what that’s like. It’s hot. Freeways! Yuck.) And, oh yes, it’s creepy. Anything with Randall Terry’s name is probably going to creep me out. Shame on me for being this way. Yes, it’s a threat. Hate talk. Hate pictures. Hate provocation is a threat. Perhaps seeing all that ugly Sarah talk on teebee has got me in a bad, cynical, don’t you go there you evil, naughty people mood.
You’re right. In my opinion.


emerson | Wednesday July 8, 2009 03:44 pm 11

Where’s the vaunted Homeland Security Department when you need them? Just what is their jurisdiction if not to secure the safety of the homeland’s potential highest court member? Why is Terry marauding around free as a bird?


Christy Hardin Smith | Wednesday July 8, 2009 03:53 pm 12
In response to wmd1961 @ 9

Welcome to the wonderful world of computer search engine ad placement — where common terms decide your content. Apparently, the ad folks think Randall Terry’s poster links up with firearms ads. Go figure.

Kind of proves my point, though, doesn’t it?


Christy Hardin Smith | Wednesday July 8, 2009 03:55 pm 13
In response to emerson @ 11

Homeland security doesn’t really have jurisdiction on this, although it does give more credence to their right-wing hate group report that talked about growing extremist threats in this country.

But the US Marshalls, the FBI and local law enforcement, along with the DEA (depending on who might be raising whatever threat), all do have jursidiction should the need arise. And, lately? The DOJ has been prosecuting a lot more threat issues with federal judges and federal prosecutors — because there have been a substantial increase in both the last few years.


Christy Hardin Smith | Wednesday July 8, 2009 03:57 pm 14
In response to Fern @ 8

That poster absolutely freaked me out. I don’t see how anyone could look at that and not see some sort of message that is simply not right in it. Not right at all.

And if you are a person who is mentally unstable and susceptible to that sort of suggestion? It’s beyond irresponsible to dabble in something like this after the Tiller murder.

Which makes me wonder if that wasn’t the deliberate point from Terry. And, if so, I think he deserves a long and detailed visit from law enforcement. I know I’d certainly like to sit in on that one.


Beerfart Liberal | Wednesday July 8, 2009 04:00 pm 15

Those crude caricatures! Enough to make Her Honor withdraw and take up a higher calling.

But seriously…. it’s serious. Christy’s right. Let’s get this woman confirmed already.


ART45 | Wednesday July 8, 2009 04:04 pm 16

I don’t give a shit about Sotomayer.

She is a pawn, a cipher, in a political game.

What do we get with her?

I say, a dumbed-down version of Scalia.

Hate me, if you want.

I see Sotomayer as an upward-climber, who knows her roots but respects those in power.


emerson | Wednesday July 8, 2009 04:05 pm 17

Christy, have these prosecutions been reported in the media, and if so, to what extent? I haven’t heard much about it.


OrganicGeorge | Wednesday July 8, 2009 04:05 pm 18

It’s just unacceptable on any level.


AZ Matt | Wednesday July 8, 2009 04:06 pm 19

I would guess that Sotomajor is receiving a higher level of protection now. He hates her because she is liberal and I would guess there is some racism there too.


ShotoJamf | Wednesday July 8, 2009 04:10 pm 20

And speaking of hate speech, this is egregious, even by the standards of Fox:

http://gawker.com/5310208/bria…..emain-pure


revday | Wednesday July 8, 2009 04:10 pm 21

O. M. G. Outrageous. These traitors must be stopped. I pray this will end well.


Eureka Springs | Wednesday July 8, 2009 04:11 pm 22

It resembles the fetus “art” that i have seen for years in the hands of pro lifers outside women’s health centers throughout the south.


Christy Hardin Smith | Wednesday July 8, 2009 04:16 pm 23
In response to emerson @ 17

Yes, they have — over the last few years. If you do a Google on judicial threats prosecutions, you’ll see a number of articles on it. There was a murder of a judge in or near Chicago a few years ago that was a huge wake-up call on this issue and how bad things had gotten — and prosecutions and law enforcement on this has increased substantially since then for protection for both judges and prosecutors.


mgardener | Wednesday July 8, 2009 04:16 pm 24

Where was Terry when Bush was President. For 8 years that man did NOTHING about Bush who was supposedly elected by that base.
He promised them the sun, moon and stars and did nothing.

This is a threat. Pure and simple. How many more killings will it take for the people of this country to wake up to the home grown Taliban AKA right wing christian conservatives?


sadlyyes | Wednesday July 8, 2009 04:18 pm 25

OT…sorry,but please read and recommend my Oxwhore…the thieves are about to depart again with our loot

http://oxdown.firedoglake.com/diary/6173#Respond

gracias


Christy Hardin Smith | Wednesday July 8, 2009 04:19 pm 26
In response to Eureka Springs @ 22

It does a bit, doesn’t it? I thought of that, too, when I saw it. But there was something a bit more sinister in this — the way it was merged in her face with the “Angel of Death” talk in his PR release and the “duty before God to fight her nomination” quote on the poster.

I don’t follow this type of group as closely as someone like Dave Niewert to know whether its typical coded language or whether this is out of the ordinary. But the whole of it struck me as intentionally menacing. And that’s just unacceptable in my book without someone saying publicly that it’s just plain wrong and incredibly irresponsible.


TomR | Wednesday July 8, 2009 04:20 pm 27

“As far as hate speech is concerned, hatred can be a really good thing.”

- Randall Terry on the Randi Rhodes Show

http://www.youtube.com/watch?v=YkLTOo0lkjo

——

“Good… your hate has made you powerful.”

- Emperor Palpatine, Star Wars Episode 6

——

If Randall Terry was sincere in his belief that he wants to make abortion illegal, then he should act within our system of government to have the law changed. Vilifying and blaming a single nominee for existing law and precedent is unjust. Therefore, he engages in deception by framing his action as a “cry out for justice.”

On another note, I continue to wonder how Coral Ridge Ministries, who broadcasts political messages on television against Sotomayor, is able to maintain a tax exempt status.
I challenge all you Firepups out there to watch the final 10 minutes of any Coral Ridge Hour on a Sunday and see what you think:

http://www.coralridge.org/stat…..px?cur=crh

- Tom


STTPinOhio | Wednesday July 8, 2009 04:24 pm 28

You know me, I’m all OT —

Get your affairs in order, for it is most certainly The End of Times…

America’s Crazy Uncle is on Hardball (thankfully O’Donnell is guest hosting) and is actually making sense.

He’s rightfully suggesting Obama call in his economic team and fire up their hindquarters about how to get the economy moving again, and why were they so wrong in their estimates of unemployment to this point.

He also said Obama shouldn’t be concerned about his Ohio poll numbers, and go balls to the wall on health care if that’s what he wants (like Reagan would’ve — he had to get that in).

Buchanan was correct about Ohio; Obama’s 49% approval now is more realistic than the 62% he had in May.

After all, this is a swing state with a bad economy that is getting worse.

Gov. Strickland’s approvals (a Democrat, too) are swirling the drain as well, so POTUS’s numbers being down is no surprise.


Christy Hardin Smith | Wednesday July 8, 2009 04:25 pm 29
In response to TomR @ 27

My husband and I have been having this ongoing discussion about this — whether Terry’s first amendment rights would be impinged by toning down the threat language. My argument is that he can rant about abortion all he wants — that’s his right — but the moment he crosses the line to inciting violence, akin to yelling “fire” in a crowded theater and causing a stampede, then he’s foregone his “I can say anything I want” privileges.

But it’s not an absolute. I don’t like impinging speech. But you have a responsibility to use your speech wisely in a public arena, especially where you know your audience might include unstable elements which might take your message literally. And this close to Tiller’s murder? To put the clinic where Tiller practiced on the “anti-Sotomayor tour” list of stops? Beyond tasteless, let alone irresponsible.

I just cannot see this as anything but a deliberate strategy to gin up publicity and Terry doesn’t give a shit if there are consequences for someone else. And, in my mind anyway? That’s unacceptable.


Christy Hardin Smith | Wednesday July 8, 2009 04:28 pm 30

And I should say, you stick two lawyers in a room, and the haggle begins. *g* (he’s a lawyer too, and this is one of his big issues — that quote from The American President just came out, “When you are ready to defend at the top of your lungs that which you’d shout down at the top of yours, then you are qualified to run for president, Bob.” Or something like that.)


ART45 | Wednesday July 8, 2009 04:31 pm 31

Hate Randall Terry.

Hate him.

He is your enemy.

And when you’re over hating him, think about what you can do to make your children’s future better.


Christy Hardin Smith | Wednesday July 8, 2009 04:32 pm 32
In response to ART45 @ 31

Yep, because I never, ever spend any time doing that. Good advice, Art.


tejanarusa | Wednesday July 8, 2009 04:33 pm 33

Of course it’s a threat. Pardon me if I sound weary – flash back a few weeks to the “debate” in the MSM over whether the RW nutjobs had invited Dr. Tiller’s murder. To me, the only answer is “of course!” Trying to parse out these things as if they might be sorta/kinda neutral, or lacking intent, or engenuous (is that a word?) just seems to me surreal.

Not really cranky at Christy or anyone else commenting – just tired of this whole thing imposed on us by the msm’s practice of treating every issue as if there were two sides.

Maybe I’m extra sensitive – I live a mile or so down the street from where the first murder of a federal judge occurred, and worked several years in the federal courthouse named for him, Judge John Wood.
I sure as hell hope the Marshals Service is watching these people and taking extra measures to protect Judge Sotomayor.


oldgold | Wednesday July 8, 2009 04:38 pm 34

I am all for free speech as protected by the First Amendment. The key is what do you define as “speech.” In my opinion the Supremes have defined it too broadly. One glaring example is their equating political contributions as “speech.”

I think “speech” in the context of the First Amendment is the unfettered exchange of ideas and information. It isn’t action or the call to illegal action.


Christy Hardin Smith | Wednesday July 8, 2009 04:40 pm 35
In response to tejanarusa @ 33

Having had to re-up my NRA certification for a conceal carry permit when I was prosecuting because I had a need for added personal protection, I’m right there with you. It’s amazing how you can keep doing your job, day in and day out, and somehow wall off that aspect of it — but you find a way to do so. At least, for a while. Pregnancy pretty much put an end to my being able to wall it off — because her safety was too important to me.


tejanarusa | Wednesday July 8, 2009 04:45 pm 36
In response to oldgold @ 34

Well, to me it is obvious that this kind of thing (this poster, plus other behavior by the Randall Terrys of the world) is the equivalent of the old cliche, falsely shouting “fire!” i a crowded theater. That’s what they’re doing, and everyone knows it. There is no defense.

I just skimmed Christy’s last link, to the Hal Taylor threat, and it is just upping the frightening scale.
Something will happen if these people don’t climb down.
Thank God this guy was arrested. This is who belongs in a Guantanmo type place; he’s far more of a terrorist than many of the poor shlubs who wound up there.


tejanarusa | Wednesday July 8, 2009 04:48 pm 37

I hear you Christy – walling off fear, worry, something, to be able to get through the day.
And, yes, although I’m not a mother myself, I have known many who’s perception of risk changed dramatically with either pregnancy or birth. My own mother was amazingly adventurous as a young, single woman – but the woman I knew was such a protective worry wwart… (almost said “overprotective,” but compared to today’s helicopter parents she was downright laissez-faire).
Only natural.


Christy Hardin Smith | Wednesday July 8, 2009 04:52 pm 38
In response to tejanarusa @ 37

It was the almost miscarriage and months of bedrest that did me in on the “risk” issue. To know in my gut what it would feel like to lose her — and then right after she was born, to get chased through a local store by a family member of someone I’d put in jail. I just could not put her through that. Just couldn’t do it.

And I feel horribly about it — because I was good at my job, and we need decent people doing it. But I can’t take that risk with her. It took us too much and too long to get her, ya know?

It sort of makes me a coward, but I’m a coward with a living child that I cherish. And I’ll take that.

But I still miss the job sometimes. Especially when I see something come up where I feel like I could contribute to the trial or the argument.


tejanarusa | Wednesday July 8, 2009 05:07 pm 39

and then right after she was born, to get chased through a local store by a family member of someone I’d put in jail. I just could not put her through that. Just couldn’t do it.

Wow. No wonder. That is horrible, no other word for it. I’ve had only the smallest hint of a taste of that – as a legal aid and child support enforcement lawyer, I sometimes ran into people who weren’t happy with me from some case or other. But I was never afraid, just a bit annoyed. It must be so much worse in a small town.
I’m so sorry you experienced that. Believe me, no one blames you for taking the path you did, especially with such difficult pregnancies.
Besides, you are doing wonderful, valuable work right here. I’ll bet you have influenced thousands of people with your passionate, cogent writing on so many important issues. I hate to think what the last few years would have been like for all of us “firepups” the last few years if we hadn’t found you and Jane here. Thank you, again, for your hard work.


oldgold | Wednesday July 8, 2009 05:16 pm 40

The ABA needs to get out in front of this matter and use its considerable resources to see that the resources needed to protect judges are made available.


valletta | Wednesday July 8, 2009 05:20 pm 41
In response to emerson @ 11

You mean our Homeland Security Guard Limpy Lieberman?
Asleep at the desk, like the guards he railed against today….


prostratedragon | Wednesday July 8, 2009 06:46 pm 42

Thanks for highlighting this issue, Christy. I heard Terry’s remarks and saw that poster, and felt as if it were time (and then some, as the recent murders were not the first in this trend) to call a halt to it, including getting anyone with a piece of the public’s attention to urge a cooling of rhetoric. If enough people turn away from those who spout such vicious things it won’t seem so smart to do it.


TomR | Wednesday July 8, 2009 07:55 pm 43

As I look at the image of the skull composited together with Sotomayor’s head, I can only conclude the intent is to see her end up in that state in order to defeat her. If he were trying to portray her as the Grim Reaper, there are no visual cues to support this idea.

How different is it from an image of a woman of color who was lynched?
http://en.wikipedia.org/wiki/Lynching

I think one can easily make the case that the intent is to threaten and intimate a sitting judge, Sonia Sotomayor. The abortion topic is the MacGuffin to the story of this poster.

- Tom


misswildthing | Wednesday July 8, 2009 08:02 pm 44

Know that argument about hate crimes affecting all the people in the same community? Here it is, not just a threat to the good judge but to all of us brown people who might have the temerity to succeed in this society. This is no less of a threat to her than to an African American President. Are we safe or not Señor Federal Marshal or not? Will I see mi hermana safely don her robes to be a Supreme Court judge or will lunatics like Randal Terry scare you away?


DeAnna | Wednesday July 8, 2009 10:27 pm 45

This looks like he borrowed the cover of Pride Prejudice and Zombies

http://en.wikipedia.org/wiki/P…..nd_Zombies


DeAnna | Wednesday July 8, 2009 10:29 pm 46

Well that didn’t work the way I expected.

It looks just like the cover of Pride and Prejudice and Zombies by Seth Grahame-Smith


RevBev | Thursday July 9, 2009 12:06 pm 47

Late here and an aside: I would like for the site now to take down that picture. We’ve made a point….but I think we continue o add/reinforce the exposure. Genuinely repulsive: having it here does not necessarily have the desired effect. Just MHO.


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