In Billings, Montana, a man named Richard Rogers was sentenced to four years of probation for threatening former House Speaker Kevin McCarthy. This sentence comes after Rogers, 45, expressed his anger at the government’s inaction in shooting down a Chinese spy balloon over his city. Rogers was found guilty by a federal jury last year on charges of threatening a member of Congress and making harassing calls to the FBI and congressional staff, during which he used vulgar language and aggressively criticized officials.
Prosecutors had pushed for a two-year prison sentence; however, U.S. District Judge Susan Watters decided on probation since Rogers didn’t act on his threats. She referred to lighter sentences given to some individuals involved in the January 6, 2021 Capitol riot, who were pardoned by former President Donald Trump. Judge Watters expressed doubt that Rogers had any intention of following through on his threats, believing that adequate monitoring would prevent further incidents.
Defense attorney Daniel Ball argued for leniency by drawing comparisons to the Capitol attack, highlighting that some individuals involved had been violent, yet received pardons. Ball maintained that Rogers’ conduct didn’t pose an immediate risk or threat, emphasizing it occurred locally in Montana and not in Washington, D.C.
Rogers, a supporter of Trump, admitted to being present in Washington during the Capitol riot but claimed he did not participate. As he exited the court, he vowed to appeal and mentioned his reluctance to comply with release conditions, including a prohibition on marijuana use while under supervision.
His threats towards McCarthy were made during a barrage of more than 100 phone calls within 75 minutes to the speaker’s office, just a day after the Pentagon confirmed it was tracking the spy balloon, later shot down off the Atlantic Coast. Rogers described his actions as a form of extreme protest, asserting to the judge that it was never meant to cause harm.
Rogers’ legal team argued he simply wanted his voice heard, but the offense of threatening McCarthy carried a significant potential penalty of six years imprisonment and a $250,000 fine. Prosecutors emphasized the importance of sending a strong message, noting that threats against public figures are not shielded by the First Amendment, which does not provide absolute immunity simply because actions are labeled as political protest.
The case against Rogers occurs amidst a concerning trend, as threats against public officials, including lawmakers and election workers, have significantly escalated in recent years. In 2023 alone, the U.S. Capitol Police investigated over 8,000 such threats. Previously, another man from Billings received a 2.5-year federal prison sentence for menacing messages directed at former Democratic U.S. Senator Jon Tester and his family, a fate shared by yet another Montanan convicted in 2023 for similar threats against Tester.