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CHARLOTTESVILLE — On June 28, in the capital attorneys of Charlottesville’s federal courthouse, U.S. Advocate Thomas Cullen rose to his feet. It had been about two years aback white supremacists berserk brawled with counterprotesters nearby; now, continuing still and stoic, the tall, angular Cullen addressed the cloister apropos the sentencing of James Fields Jr.
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On Aug. 12, 2017, Fields, now 22, had apprenticed his Dodge Challenger into a army of peaceful protesters, maiming abounding and killing one. Having been bedevilled on federal abhorrence crimes charges, Fields adapted annihilation beneath than activity in prison, Cullen argued.
From the courtroom’s board benches, Fields’ victims — who had appear to affirm about their burst bones, burst alcohol and burst marriages; their abiding abhorrence of cars, loud noises and alike the ablaze of day — listened intently.
Never apperception the defendant’s age and abode for mercy, Cullen said. Hadn’t he declared those who disagreed with his angle as “monkeys,” “subspecies,” “kikes” and added on his amusing media accounts? Never apperception his affirmation that he’d acted on actuation and afterwards premeditation, that he’d had brainy bloom problems.
“We all face brainy bloom issues,” Cullen acicular out, “but afflicted bodies don’t aloof accomplish acts of accumulation annihilation or calm terrorism.”
U.S. District Adjudicator Michael Urbanski agreed. Fields stared blankly afore him as his book was handed down: activity in bastille afterwards parole. At the case table, Cullen, his face set in its comatose scowl, nodded briefly but didn’t attending up from the addendum he was account on his acknowledged pad.
It was a win, but alone a aboriginal step. Cullen, 15 months into his job as the arch federal prosecutor for the Western District of Virginia, is on a mission: to use the federal attorneys to bang a draft adjoin ascent white nationalist violence. And nailing James Fields was arguably the accessible part. The bigger claiming was the organized groups of white supremacists who had planned the massive assemblage with the absorbed to abuse and physically advance counterprotesters: How could they be captivated responsible?
Cullen and his prosecutors accept set their architect on a white abolitionist accumulation alleged the Acceleration Above Movement, based in southern California, charging four of its associates with cabal to accomplish abandon and bridge accompaniment curve to anarchism in Charlottesville. The prosecutors’ acrid weapon of best adjoin the extreme-right group: an anti-riot statute anesthetized in the 1960s to rein in advocate Vietnam War protesters.
The case is the aboriginal time federal authorities accept approved to agitate a agitated white abolitionist agitator alignment on accuse added than drug- or gun-dealing or murder. And it’s arresting not aloof for the acknowledged approach involved, but because of the being accustomed them out: Thomas Cullen, a Trump-appointed bourgeois prosecutor from a arresting Republican Virginia family.
While the admiral and others in the GOP accept mostly averted their boring and banned to accost the abnormality of white supremacy, Cullen is allotment to beam it down.
“I could affliction beneath about politics,” he said. “Hate crimes and abandon by white abolitionist organizations that authorize as calm agitation are way up. Prosecuting them is accepted sense. It’s the appropriate affair to do.”
At 42, Cullen is amenable and straightforward, with none of the blowing that abounding federal prosecutors display. He took appointment as the top federal constable for the 46 counties and 17 cities of western Virginia on Advance 30, 2018. Except for a assignment in clandestine practice, he had served as an abettor U.S. advocate and agent bent arch in the Roanoke-headquartered appointment for the antecedent three years. “I acquainted appealing adequate advancing into this role,” he said. “I actually accepted how the appointment worked.”
On his bowl aback he took over were opioid bolus mills forth the Interstate 81 corridor; organized gangs of Crips and Bloods in Danville; biologic dealers in the Shenandoah Valley; and the 2017 Unite the Appropriate weekend in Charlottesville.
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Within 24 hours of that anarchic event, Abettor U.S. Advocate Christopher Kavanaugh, who lives in Charlottesville and works out of the annex appointment there, abreast Cullen on the affirmation and accessible charges. Fields had already been accusable on annihilation accuse by the state, but to accelerate a message, the appointment capital him to face federal accuse as well. Based on video, Fields’ abandoned amusing media feeds and attestant testimony, prosecutors believed they had a bright attempt at architecture a abhorrence abomination case adjoin Fields beneath federal civilian rights laws.
But there had to be more. “It was too big an event, too abominable an event, for the federal government to accept that one assassination case,” Kavanaugh said. “We asked ourselves: What added prosecutions could appear of this?”
He begin an acknowledgment in the added than 5,000 hours of assemblage video angry over to federal law administration by bystanders, participants and journalists. Front and centermost in abundant of the action, assaulting and advance counterprotesters including women and clergy, were four men.
“This one accumulation of guys kept afraid out,” Kavanaugh says. “They acted in lockstep. Their easily were taped. They were added able to fight. They were complex aback abandon aboriginal bankrupt out.” He wondered, “Who are these guys?”
A abundant October 2017 commodity by the nonprofit analytic account account ProPublica provided acute information. It articular associates of the Acceleration Above Movement, a baneful neo-Nazi white abolitionist group. Founded in California in 2017, RAM had developed to about 20 associates by the time of the Charlottesville rally, according to cloister documents. Its promotional videos appearance associates fettle training, kickboxing and occasionally throwing copies of Anne Frank’s account into bonfires on the beach. They aimed to body up members’ concrete backbone in adjustment to abuse “Jews,” RAM’s catchall chat for anyone it considers an enemy.
“Their accomplished mantra is activity in the adverse administration of the angel of the basement-dwelling ample guy spewing abhorrence on his laptop,” Kavanaugh said. “They were masculine, fit, sober, respectful. They had a assertive look.”
The four men prosecutors zeroed in on included RAM co-founder Benjamin Daley, a agile 25-year-old timberline trimmer from Redondo Beach, California, who commonly bashed “Mark Zuckerberg and his Facebook Jew police” for demography bottomward his anti-Muslim posts. Daley had absorbed up with addition agog RAM member, Michael Miselis, a 30-year-old aerospace engineering doctoral applicant at UCLA who was alive as a systems architect for aegis architect Northrop Grumman in Redondo Beach. (Miselis absent his job — and his U.S. government aegis approval — afterwards he was called in a July 2018 ProPublica article.)
Before Charlottesville, Daley, Miselis and a third RAM member, 25-year-old Thomas Gillen, had affianced in fights with counterprotesters, including antifa activists, at pro-Trump rallies in Huntington Bank and Berkeley, California. In the weeks arch up to the Charlottesville rally, the RAM associates traded argument letters about recruiting Cole White, a 24-year-old artery fighter who had afflicted them in Berkeley, area he formed in a hot dog shop. They were “stoked” to accept abiding such “an accomplished fighter” to accompany them in Virginia.
The botheration for the U.S. attorney’s aggregation was award a federal statute they could allegation the men under. According to Cullen and Kavanaugh, there are adored few laws accessible to federal law administration agencies and attorneys for investigating and prosecuting calm agitator groups for agitated abode — or alike absolute violence.
Local and accompaniment badge and courts can allegation crimes of assault, robbery, threats and all abode of person-to-person violence, but the federal bent cipher banned the FBI and all federal agencies to investigating broader conspiracies, fraud, gun and biologic trafficking, and civilian rights violations — which now includes abhorrence crimes. In abounding cases, defendants allegation cantankerous accompaniment curve to be begin in abuse of federal law.
Investigating calm agitation can put federal agents in alike added acknowledged terrain. Academics, attorneys and board challenge the band area Aboriginal Amendment rights of chargeless accent end and conspiring to accomplish abandon begins. Federal law administration agencies accept continued had to cross that line, alike as the abode to rein in calm agitator groups grows.
“The FBI is beneath accountability to do article it can’t do article about,” said Adam Lee, above arch of the FBI’s Richmond appointment and now arch of aegis for Dominion Energy. “The FBI cannot ambition calm agitator groups like an all-embracing threat. The Aboriginal Amendment actually forbids it.” (Progressive advocates, such as the Brennan Centermost for Justice, altercation this, arguing that the FBI readily investigates groups on the larboard that it angle as subversive, including ecology groups, Black Lives Matter and others.)
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Prosecutors were committed to bringing the RAM four to justice, but they did not accept proving a abhorrence abomination beneath federal statutes was their arch accessible case. Instead, digging into federal bent laws, they begin the 1968 Anti-Riot Act, anesthetized by Congress to abuse antiwar protesters who beyond accompaniment curve to abet a riot. “If we could prove,” said Kavanaugh, that the RAM associates “had absorbed to accomplish abandon and they catholic beyond accompaniment lines, we could body a case.”
Cullen didn’t allegation a lot of persuading. He told his prosecutors to dust off the little-used law and allegation the four RAM associates with cabal to riot. It was, Cullen said, “our alone applicable option.”
In the months afterwards he took office, Cullen gradually came to the cessation that white supremacists and far-right calm agitator groups like RAM are “grave threats” to the country — and are dispatch up their violence. He interviewed victims, advised hundreds of hours of tape, apprehend about the abolitionist far right, and abounding calm agitation affairs at the Amends Department. “The accumulative weight of the affirmation opened my eyes,” he said. “I acquainted an obligation to assure the public, to booty them off the street.”
That faculty of obligation may appear from his upbringing. Cullen was the beforehand of four accouchement in a bourgeois Republican ancestors from Richmond. Accessible account was accomplished in by his father, Richard Cullen, a above advocate accepted of Virginia and above U.S. advocate for Virginia’s Eastern District. “He’s my coach and role model,” Cullen said. “A account and a burden.”
By abounding accounts, the ancient Cullen, 71, is one of the best approved aegis attorneys in the nation for able Republicans in need. (He afresh represented Vice Admiral Mike Pence in Robert Mueller III’s analysis into accessible Trump-Russia collusion.) But the self-described “small government, alone liberty-type Republican” additionally had abutting ties to above Virginia Gov. Douglas Wilder; in 1993, he formed with the Democrat to canyon a law attached blaster purchases in Virginia to one a month.
“Thomas was consistently about bodies in accessible life,” Richard Cullen said. “But I did not try to appearance his career.”
Thomas, for his part, had no accurate admiring to chase in his father’s footsteps. Afterwards admission from Furman University in South Carolina, he enrolled in the College of William and Mary Law School. On his added day he phoned his father. “I’ve absitively not to abide here,” he said. Cullen had looked about at his adolescent acceptance at acclimatization and was “scared out of my mind. I didn’t feel ready.”
A year of teaching English at a aggressive basic school, however, assertive him that he was ready. He alternate to William and Mary, earning a law amount in 2004. Afterwards admission abreast the top of his class, he clerked for Roger Gregory, the aboriginal African American to serve on the U.S. Cloister of Appeals for the Fourth Circuit.
For his aboriginal job as federal prosecutor, Cullen headed to North Carolina. Four years later, in 2010, Tim Heaphy, the U.S. advocate for Virginia’s Western District, recruited him to run his bent division. Heaphy, as it happened, was Richard Cullen’s above law partner. Cullen knew that his colleagues ability be apprehensive of his hiring. “I acquainted the pressure,” he said. “I aloof formed harder to authorize myself.”
In July 2017 Cullen was alive in clandestine convenance in Roanoke aback the state’s two Democratic U.S. senators, Mark Warner and Tim Kaine, floated his name for the job as top federal prosecutor in the Western District. Trump nominated him in February 2018, and the Senate accepted him the abutting month.
The admiral had already declared that “there were accomplished bodies on both sides” of the abandon in Charlottesville, a account that seemed to absolve agitated white supremacists and neo-Nazis. Cullen would attending to belie that altercation in court.
A federal admirable board accusable James Fields on June 27, 2018. Fields was already in aegis on accompaniment annihilation charges, but the RAM four were still out there, acclaimed on white nationalist websites and crowing about their angry prowess. “We had the[m] absolutely surrounded,” Daley wrote on his Facebook folio of the torch-lit advance on the University of Virginia campus, according to cloister documents. “I hit like 5 people.”
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In the bounce of 2018, Daley and Miselis catholic to Germany to bless Adolf Hitler’s altogether at the white abolitionist Shield and Sword Festival.
On Aug. 27, 2018, Cullen and his aggregation filed arrest warrants for Daley, Miselis, Gillen and White, acknowledging the complaints with photos and awning shots: White head-butting a clergyman, again arise active with a changeable counterprotester, abrogation her with claret alive bottomward her face; Miselis, cutting a “Make America Great Again” hat angry backward, blame a man as he’s falling; Daley avaricious a woman and body-slamming her to the ground.
Cullen asked the adjudicator to accumulate the warrants closed until prosecutors could adapt the arrests. Then, in the aboriginal morning hours of Oct. 2, 2018, federal agents in southern California raided the homes of Daley, Miselis and Gillen, and brought the men to federal cloister in Los Angeles. White was affective in San Francisco.
Kavanaugh went to California to advice adviser the arrests. “It was important to appearance our attendance out there,” Cullen said. “It was our case. They were advancing aback here.” The four suspects, adverse 10 years in bastille — bristles for anniversary of two federal agitation accuse — were taken to the Central Virginia Regional Bastille in Orange.
At a account appointment in Roanoke, Cullen accustomed ProPublica for accouterment a “starting point” for the federal investigation. But “we’re not finished,” he declared. “I accomplish as the U.S. advocate that we’re activity to chase every advance until we’re annoyed that we’ve done all we can do.” He capital to “send a message” to white supremacists, he said, putting them on apprehension that they could face federal bent accuse for agitated actions.
Earlier this year, in a New York Times essay, Cullen decried the acceleration in far appropriate abandonment as “among the greatest domestic-security threats adverse the United States” and lamented that “law enforcement, at both the federal and accompaniment levels, has been apathetic to respond.” Federal prosecutors, he wrote, bare added tools, such as “a domestic-terrorism statute that would acquiesce for the agitation case of bodies who accomplish acts of violence, threats and added bent activities aimed at alarming or coercing civilians.”
Cullen’s artlessness risked admonishment from a White House, a admiral and a political affair that accept tended to abstain calling out white supremacists. He allows that he put himself “out on a limb,” but he got no abrogating acknowledgment — and he has no regrets. “Violent calm agitation is acceptable tragically added frequent,” he said. “We accept to respond.”
Federal accessible apostle Lisa Lorish anon rebutted Cullen’s case adjoin the RAM four. On account of Ben Daley, she filed a motion to dismiss. Calling the federal Anti-Riot Act “overbroad” and “unconstitutionally vague,” she argued that “it seeks to abuse defendants for agreeable in adequate Aboriginal Amendment freedoms of accent and amiable assembly.”
Cullen accursed aback on Advance 8: “The Aboriginal Amendment does not, and has never, adequate activation to abandon or agitated actions.” And: “Participation in a political assemblage does not admission individuals authorization to appoint in mayhem.”
On April 19, Cole White was freed afterwards argumentation accusable and accordant to abet with the prosecution. On May 2, U.S. District Adjudicator Norman Moon denied Lorish’s motion to dismiss. With the case proceeding and video affirmation ample adjoin them, the three actual RAM defendants pleaded accusable the abutting day. (Not continued after, a California adjudicator threw out a agnate case based on the Anti-Riot Act for actionable the Aboriginal Amendment. If appealed, the two cases could wind up afore the Supreme Court.)
Three months afterwards argumentation guilty, Daley, Miselis and Gillen confused into cloister for their sentencing, dressed in orange bastille suits, their easily and anxiety in shackles. (White would be bedevilled separately.) Several canicule earlier, Cullen had upped the ante, allurement Moon to drag their accomplishments to abhorrence crimes, which would add abounding months to their time abaft bars. “It’s acute that we accelerate a bulletin of aegis for added active white supremacists,” he told the court.
To abutment the abhorrence crimes charge, Cullen and Kavanaugh alien beginning affirmation that the men had accurately targeted Jews and women. Their signs, accent and amusing media were abounding with anti-Semitic tropes. The prosecutors replayed images of Daley asthmatic a woman and unearthed a argument from Miselis to Daley: “lol @ u asthmatic a b—-.” As prosecutors played video of them advance women to the ground, Miselis and Daley smirked and winked.
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In the end, Moon disqualified that Cullen had bootless to prove that the three were motivated by hate. Based on affluence of added evidence, however, he bedevilled agitator Daley to 37 months, Gillen to 33, and Miselis to 27. All three accept adumbrated their ambition to abode on the area that the Anti-Riot Act infringes on their appropriate to chargeless speech. But because of the breadth of the appeals process, they will best acceptable end up confined their abounding sentences.
In Cullen’s view, the Acceleration Above Movement, with a co-founder abaft bars, is finished. Moreover, the case could set precedent. “My achievement is you will see the use of the anti-riot statute to abode these accretion problems of agitated calm terrorism,” he said. At the actual least, white supremacists will allegation to anticipate alert afore they biking the country overextension violence. One thing’s for sure, adds Chris Kavanaugh: They’re not acceptable to appear aback to Charlottesville.
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