Category Archives: Federal Crimes & Prosecutions

Department of Justice Prosecutes Someone for Illegally Importing Greenhouse Gases

How to Transport a Fridge by Yourself ((( Part 1 ))) - YouTube

A San Diego man who allegedly smuggled refrigerants into the United States from Mexico is the first in the United States to be prosecuted under a recently enacted law aimed at mitigating climate change. The Department of Justice says the case marks the first prosecution in the United States to include charges related to the American Innovation and Manufacturing (AIM) Act of 2020.

WHAT IS THE AIM ACT?

This law prohibits the importation of hydrofluorocarbons — or HFCs — without approval by the Environmental Protection Agency (EPA). HFCs are a class of potent greenhouse gases commonly used in refrigeration and air conditioning, aerosols, and foam products. Their climate impact can be hundreds to thousands of times greater than carbon dioxide. The AIM Act, enacted by Congress in 2020, authorizes EPA to phase down the production and consumption of HFCs by 85 percent in a stepwise manner by 2036 through an allowance allocation and trading program. The AIM Act also directs EPA to maximize reclamation of HFCs, minimize releases of HFCs from equipment, and facilitate the transition to next-generation technologies to replace HFCs.

WHAT IS THIS CASE ABOUT?

Hart is accused of buying refrigerants in Mexico and trafficking them into the US in his vehicle by hiding them under a tarpaulin and tools. He posted the refrigerants for sale on OfferUp, Facebook Marketplace and other sites.

He faces 13 separate charges, including conspiracy, as well as multiple counts of illegal importation and selling imported goods illegally. He could face a maximum of 45 years in prison if convicted on all of the charges and 20 years if convicted on either of the counts related to illegal importation, according to the Attorney’s Office of Southern California. He also faces fines of up to $750,000.

The indictment also alleges that Hart illegally imported HCFC-22, an ozone-depleting substance commonly used as a propellant and refrigerant. In 2020, such applications of HCFC-22 were phased out in developed countries under the Montreal Protocol because of its ozone depleting properties.

WHY SUCH HARSH PROSECUTION FROM THE FEDS?

In short, Mr. Hart’s Tarrest highlights the EPA’s and Justice Department’s efforts to prevent refrigerants that are climate super-pollutants from illegally entering the United States.

“The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change under the Kigali Amendment to the Montreal Protocol. Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable.” ~David M. Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance.

The EPA says potent greenhouse gases are typically used for refrigeration, air conditioning, building insulation, fire extinguishing systems, and aerosols. And the global warming potential of HFCs are exponentially more potent than carbon dioxide, according to the U.S. Attorney’s Office.

My opinion? Yes, it is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change. Nevertheless, I doubt Mr. Hart actually intended to unlawfully import greenhouse gases. More likely, he simply attempted to buy and sell used refrigerators and was unaware of the environmental impact of his transactions.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Cannabis Advocates: Biden is Missing an Opportunity Legalize Marijuana

Why Joe Biden's Marijuana Move Is a Midterm 'No Brainer'

The Hill reports that President Biden is missing an opportunity to sway young voters with his reluctance to take bigger steps to legalize marijuana at the federal level.

While campaigning for the White House in 2020, Biden said, “No one should be in jail because of marijuana. As President, I will decriminalize cannabis use and automatically expunge prior convictions.”

Cannabis advocates say the Biden administration has opened several avenues for marijuana reform. These include issuing federal pardons for simple possession and starting the process of potentially rescheduling marijuana’s status under the Controlled Substances Act from Schedule I to Schedule III.

But those measures have failed to excite advocates. They now say Biden is falling short of his 2020 campaign promises and failing to address the disparate overcriminalization of the drug that has unduly impacted minority communities. Progressive lawmakers in the Senate are urging the administration to go further and completely deschedule the drug. Legalization it would effectively decriminalize it at the federal level, as opposed to rescheduling it.

“Marijuana’s placement in the Controlled Substances Act] has had a devastating impact on our communities and is increasingly out of step with state law and public opinion,” 12 Democratic lawmakers wrote to the Drug Enforcement Administration (DEA) last month.

IS THERE POLITICAL WILL TO LEGALIZE MARIJUANA?

Public opinion is strongly in favor of marijuana legalization. A Gallup poll from November found a record 70 percent of Americans believed marijuana should be legal.

More recent polling from Lake Research Partners backs up public support for federal marijuana reform, with 58 percent supporting a rescheduling to Schedule III, compared to 19 percent who opposed the move.

“It’s a really strong issue with some constituencies that Democrats really need to increase their support and enthusiasm, specifically young people, African Americans, Democratic base voters, people of color, young men of color,” said Celinda Lake, a Democratic pollster and strategist who serves as president of Lake Research Partners.

Hayley Matz Meadvin, Executive Vice President of Communications at Precision Strategies and a former Biden administration staffer, noted the “supermajority of support” behind marijuana legalization could help Biden lure in voters across the political spectrum.

“This is a popular issue that motivates voters, and it doesn’t just motivate — it clearly just doesn’t motivate exclusively Democrats. And that will be critical this fall.” ~Hayley Matz Meadvin, Executive Vice President of Communications at Precision Strategies

THE POLITICAL LANDSCAPE

Biden and Trump, his likely 2024 rival, are polling neck and neck both nationally and in key swing states. The election could come down to a few thousand voters in those states, potentially giving niche issues such marijuana added importance.

Advocates say his actions so far fall short of that promise. And they said he may struggle to clearly communicate any progress on marijuana reform, especially as some actions are left unfinished; the DEA has yet to issue its decision on rescheduling marijuana, and the federal pardons issued last year could not apply to state-level convictions, though Biden has encouraged governors to follow his lead.

While marijuana reform may not be among the issues expected to dominate the 2024 elections, strategists note that smaller issues frequently break through the noise during election cycles.  Perhaps substantial marijuana reform action from Biden would signal to voters he is a “modern president” and could make a difference in states including Arizona, Michigan, Nevada and Wisconsin.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. As of now, possessing marijuana is still a federal crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

9th Circuit: Harassment is a Crime of Violence

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

In Rodriguez-Hernandez v. Garland, the Ninth Circuit Court of Appeals held that a Washington conviction for Harassment is a crime of violence. This is because the statute requires the “threatened use of physical force against the person or property of another.” As such, being convicted of Harassment risks deportatation for non-citizens.

BACKGROUND FACTS

In 2015, Rodriguez-Hernandez was an immigrant living in the United States. He served with a notice to appear alleging removability on the basis that he was not admitted or paroled into the United States (U.S.). Apparently, he faced persecution in Mexico due to threats made against his family. Rodriguez-Hernandez applied for cancellation of removal and sought asylum in the U.S.

Among other things, the 9th Circuit addressed whether Rodriguez-Hernandez’s Harassment conviction was for a crime of violence under federal law.

COURT’S ANALYSIS & CONCLUSIONS

The 9th Circuit began by saying that a noncitizen convicted of an aggravated felony is a deportable offense. It also discussed Washington’s Harassment statute in depth as follows:

RCW § 9A.46.020(1) provides that: (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person threatened or any other person to physical confinement or restraint; or (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and (b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out (emphasis supplied).

Next, the 9th Circuit addressed whether Harassment was a violent offense:

“A crime of violence requires physical force against the person or property of another . . . However, a crime of violence “does not require any particular degree of likelihood or probability that the force used will cause physical pain or injury; only potentiality. The standard is force capable of causing physical pain or injury. . . .”  ~9th Circuit Court of Appeals

With that reasoning, the 9th Circuit held that Rodriguez-Hernandez’ threats against his family were, in fact, crimes of violence. Therefore, because Rodriguez-Hernandez was convicted of a crime of violence, he was ineligible for cancellation of removal or asylum.

My opinion?

The 9th Circuit’s Rodriguez-Hernandez v. Garland, certainly makes Washington’s Harassment statute far more egrigious for citizens and non-citizens alike. It could possibly have the following impacts and consequences on current charges:

  • Misdemeanor harassment with a DV tag is now a deportable “crime of domestic violence,” regardless of sentence.
  • Felony harassment, under any subsection, with a sentence imposed of one year or more will be an aggravated felony “crime of violence.” [Previously only the “threaten to kill” subsection had been held to be a “crime of violence.”]
  • Felony harassment-DV will be a deportable “crime of domestic violence” regardless of sentence imposed.

Even worse, the decision could have terribly negative impacts on non-citizens with prior convictions:

  • Misdemeanor harassment-DV convictions:
    • If conviction occurred prior to July 22, 2011 and the sentence imposed (regardless of time suspended) was 365 days it will be an aggravated felony “crime of violence.” Aggravated felonies carry the most severe immigration consequences and bar eligibility for any discretionary relief from removal.
    • Regardless of date of conviction, it may now be deemed a deportable crime of domestic violence.
  • Felony harassment convictions:
    • Any felony harassment conviction with a sentence imposed (regardless of time suspended) of one year or more may be deemed an aggravated felony crime of violence. Previously, only felony harassment “threat to kill” was considered an aggravated felony crime of violence.
    • Any felony harassment-DV conviction may now be deemed a deportable crime of domestic violence, regardless of sentence.

How this decision impacts individual non-citizen defendants will depend on their current immigration status, their immigration and criminal history, and other individual circumstances. For case-specific information please consult with other immigration counsel knowledgeable in the interplay between criminal and immigration law.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

U.S. Supreme Court Revives Biden’s Regulation of ‘Ghost Guns’

Editorial: Ready, aim, regulate: The Supreme Court makes the right call on ghost guns, for now | Guest Column | wyomingnews.com

The Supreme Court temporarily revived the Biden administration’s regulation of “ghost guns” — kits that can be bought online and assembled into untraceable homemade firearms.

The number of ghost guns recovered by law enforcement in the US has increased at an alarming rate—rising 398% from 2016 to 2020. Nearly 24,000 ghost guns were recovered across the country during that five-year period. President Biden’s administration officials said such weapons had soared in popularity in recent years, particularly among criminals barred from buying ordinary guns.

BACKGROUND

Ghost guns are do-it-yourself, homemade guns, produced with simple building blocks available online. In May 2021, the federal government proposed a rule that would finally clarify that these parts qualify as traditional firearms, and must be sold with serial numbers and background checks. Several states – including Washington State – have also acted, including with requirements that all ghost guns must be reported to officials. The strongest laws also regulate the spread of guns that can be made with 3-D printers.

THE COURT’S ORDER

The court’s brief order gave no reasons, which is typical when the justices act on emergency applications. The order was provisional, leaving the regulation in place while a challenge moves forward in the courts.

THE VOTING SPLIT

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — to form a majority.

Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents. Like the justices in the majority, they did not explain their reasoning.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Federal Court Strikes Hawaii Statutue Outlawing Butterfly Knives

Learning Butterfly Knife Tricks with No Experience - YouTube

In Teter v. Lopez, No. 20-15948 (August 7, 2023) the 9th Circuit Court of Appeals held that Hawaii’s criminal statute prohibiting possession of butterfly knives violates the second amendment. The 9th Circuit has jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington.

BACKGROUND FACTS

In Hawaii, it is a misdemeanor to knowingly to manufacture, sell, transfer, transport, or possess a butterfly knife—no exceptions.

Plaintiffs Mr. Teter and Mr. Grell are law-abiding Hawaii residents who wished to purchase butterfly knives for self-defense. They sued Hawaii’s Attorney General and Sheriff Division Administrator (“Hawaii”). They sought to establish that Hawaii’s statute violates the Second Amendment.

The Plaintiffs further argued that, but for Hawaii’s law, they would purchase butterfly knives.  They owned butterfly knives before moving to Hawaii and were forced to dispose of their knives because of Hawaii’s ban on butterfly knives. The Plaintiffs’ expert witness agreed that the butterfly knife “is just a tool” that can be used offensively and defensively.

COURT’S ANALYSIS & CONCLUSIONS

The 9th Circuit began by saying the butterfly knife, also known as the “balisong,” has a disputed origin. Some sources say it originated in France; others, the Philippines. It is anywhere from a few hundred to over a thousand years old. Regardless of its origin, the butterfly knife resembles an ordinary pocketknife, a tool that has been used by Americans since the early 18th century.

“Like a pocketknife, the butterfly knife comprises a handle and a folding blade, the cutting edge of which becomes covered by the handle when closed. Unlike a pocketknife, however, the butterfly knife’s handle is split into two components. Together, these two components fully encase the blade when closed and rotate in opposite directions to open. With a few short, quick movements, an experienced user can open a butterfly knife with one hand.” ~9th Circuit Court of Appeals

The 9th Circuit also held that possession of butterfly knives is conduct covered by the plain text of the Second Amendment:

“Bladed weapons facially constitute ‘arms’ within the meaning of the Second Amendment, and contemporaneous sources confirm that at the time of the adoption of the Second Amendment, the term ‘arms’ was understood as generally extending to bladed weapons, and by necessity, butterfly knives. The Constitution therefore presumptively guarantees keeping and bearing such instruments for self-defense.” ~9th Circuit Court of Appeals

Finally, the 9th Circuit reasoned that a butterfly knife is an “arm,” and more analogous to a pocket knife than historically prohibited bladed weapons such as Bowie knives or the Arkansas toothpick. With that, the 9th Circuit concluded that Hawaii’s law banning butterfly knives violates the Second Amendment.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Federal Judge Prohibits Seattle from Enforcing Its Anti-Graffiti Law

Seattle court ruling halts enforcement of graffiti-related property crimes  | KOMO

A U.S. district court has ruled by injunction that Seattle must temporarily cease enforcement of property crimes with regard to graffiti.

Judge Marsha Pechman of the U.S. District Court for the Western District of Washington issued a preliminary injunction. It says the city’s ordinance that punishes graffiti “targets speech” and “poses a real and substantial threat of censorship.”

Seattle’s municipal code says a person is guilty of “property destruction,” a gross misdemeanor punishable by up to 364 days in jail, if “he or she… [w]rites, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person.”

“On its face, the Ordinance sweeps so broadly that it criminalizes innocuous drawings (from a child’s drawing of a mermaid to pro-police messages written by the Seattle Police Foundation) that can hardly be said to constitute ‘visual blight’ and which would naturally wash away in the next rain storm.” ~Justice Pechman, U.S. District Court for the Western District of Washington

The Seattle Police Department (SPD) released a statement to address the court’s ruling, stating that a lack of future enforcement is not a conscious decision by the government.

“Late yesterday afternoon, SPD received an order from a US District Court judge that enjoined, in full, enforcement of SMC 12A.080.020 – the City’s misdemeanor property destruction law. This means that until further order of the Court, SPD cannot take action on damage to property under this law. This is not a matter within SPD or City discretion; we are bound by the court order as it is written.” ~Seattle Police Department

Vandalism and graffiti have become a prominent issue in Seattle, and the city government is expected to request an expedited reconsideration of the ruling.

The department added, “We know, as evidenced by the thousands of calls for service we receive each year reporting acts of vandalism and other forms of property damage that property damage is, in fact, a crime that is of significance to community members.”

My opinion? This is a thorny subject. Many cities around the US deal with the problem of graffiti art everyday. Sometimes it may be a name, a threat, an image, a symbol, or a brilliant canvas of the graffiti artist’s imagination. Whatever the case, it usually involves painting something on someone else’s property. So, whose rights should win out? The artist’s right to free speech or the property owner’s right to the quiet use and enjoyment of their own property?

Generally, one cannot exercise a right, even one guaranteed by the constitution, if it interferes with another person’s right. While Americans do not have a right to be free from annoyance by the speech or expression of another, even through artistic means, they do have the right to the exclusive use and possession of property. Thus, most graffiti art will not be protected as free speech when it is done on someone else’s property, and the property owner does not consent.

The parameters of the federal court’s ruling may invalidate similar anti-graffiti ordinances in  Washington and other States.

Please contact my office if you, a friend or family member are charged with Malicious Mischief or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Federal Prisons Want Inmates to Pay Victims

5 companies compete to build new Alabama prisons

Excellent article by Tilda Wilson reports that federal prisons want inmates to pay victims before making phone calls or buying shoes.

The Bureau of Prisons is considering a rule change concerning inmates who keep large sums of money in their prison accounts. The new rule would require that 75 percent of all the money family and friends send a person in prison go to pay their outstanding debts. These debts include paying restitution to their victims.

But lawyers and advocates for people in prison feel that the proposed rule goes too far. Shanna Rifkin, deputy general counsel for Families Against Mandatory Minimums, agrees that the Bureau of Prisons should not let wealthy inmates avoid restitution. However, she also thinks the proposed rule is too broad.

“It’s really like a sledgehammer, when you could bring a tool that was much smaller to address the problem.” ~Shanna Rifkin, Deputy General Counsel for Families Against Mandatory Minimums

Other advocates, like Ellen Degnan, a staff attorney with the Southern Poverty Law Center, argue the courts should fix the problem themselves by setting individual payment plans during sentencing.

“Courts can solve this problem. This is not for the BOP to meddle in.” ~Ellen Degnan, a staff attorney with the Southern Poverty Law Center

Even advocates for people who are owed restitution are wary of the proposed rule. Bridgette Stumpf, executive director at the nonprofit Network for Victim Recovery of D.C., thinks the rule has the potential to get some victims restitution more quickly than they would otherwise. Still, she thinks the consequences need to be balanced.

RESTITUTION OR COURT FINES?

Many of the people who would be impacted by the proposed rule do not owe victim restitution. Instead, they owe court fines and fees related to their initial sentencing.

In a statement, a spokesperson for the Bureau of Prisons said that commissary accounts are a privilege. Officials will review public comments carefully. There is no deadline for a decision on this rule being made.

Jails and prisons are undesirable places. Please review Making Bail and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Some Federal Inmates May Stay Home After COVID Emergency Lifts

How to reduce the impact of coronavirus on our lives - The Washington Post

Excellent article from journalist   reports that federal inmates who were allowed to serve their prison terms at home during the COVID-19 Pandemic may remain at home.

The regulations are expected to provide some relief to inmates, who feared they could potentially be hauled back into prison when the public health emergency expires on May 11.

“This final rule makes clear that the Director of the Bureau of Prisons has the discretion to ensure that those who have made rehabilitative progress and complied with the conditions of home confinement are not unnecessarily returned to prison.” ~U.S. Attorney General Merrick.

Lynch reports that in March 2020, Congress authorized the Justice Department to declare an emergency so it could expand the pool of low-level, non-violent federal inmates who could qualify for home confinement, to contain the spread of the coronavirus throughout the federal prison system.

In January 2021, the department’s Office of Legal Counsel issued a memo saying once the emergency is lifted, the federal Bureau of Prisons (BOP) would have no choice but to “recall prisoners in home confinement to correctional facilities” because the authority to send more people home was temporary.

Criminal justice and civil rights groups have lobbied the Justice Department and the White House to change those rules to prevent inmates from being returned to prison en masse.

The The BOP will still be able to impose “proportional and escalating sanctions,” including a return to prison, on inmates who commit infractions.

Since March 2020, more than 12,000 inmates were placed into home confinement. Of those, the department said only a fraction of one percent were returned to prison due to new criminal conduct.

Please review Making Bail and contact my office if you, a friend or family member are incarcerated and charged with a crime. Jails are a great place to get COVID-19. Hiring an effective and competent defense attorney is the first and best step toward justice.

Justice Department Announces Application Form for Marijuana Pardon Certificates

NORML Op-ed: President Biden: What Happened to Those Marijuana Pardons You  Promised? - NORML

The DOJ is launching an application for eligible individuals to receive certificate of proof that they were pardoned by President Biden.

On October 6, President Biden announced a full, unconditional and categorical pardon for prior federal and D.C. offenses of simple possession of marijuana. President Biden’s pardon lifts barriers to housing, employment and educational opportunities for thousands of people with those prior convictions.

President Biden directed the Justice Department to develop a process for individuals to receive their certificate of pardon.

The online application will be available on the Office of the Pardon Attorney’s website: Application for Certificate of Pardon. The web form allows eligible persons to submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of marijuana.

The President’s pardon may assist pardoned persons by removing civil or legal disabilities that are imposed because of the pardoned conviction. These included restrictions on the right to vote, to hold office or to sit on a jury. The application released today may also be helpful as proof of pardon for those who seek to obtain licenses, bonding or employment. As President Biden said at the time of the proclamation, his action intends to “help relieve the consequences arising from these convictions.”

Those who were pardoned on Oct. 6, 2022, are eligible for a certificate of pardon. Consistent with the proclamation, to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court, and the applicant must have been lawfully within the United States at the time of the offense. Similarly, an individual must have been a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

Those who were convicted of state marijuana offenses do not qualify for the pardon.

The department is committed to carefully and expeditiously reviewing the applications and issuing certificates to those pardoned under the proclamation. For more information regarding eligibility and answers to frequently asked questions, please visit Presidential Proclamation on Marijuana Possession.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Power Grid Attacks Increasing

Power grid attacks reported in Washington, across nation | king5.com

Attacks on power substations are growing. Apparently, five states in the Pacific Northwest and Southeast reveal similar incidents of attacks. Vandalism and suspicious activity were on the rise.

Federal energy reports through August – the most recent available – show an increase in physical attacks at electrical facilities across the nation this year, continuing a trend seen since 2017. At least 108 human-related events were reported during the first eight months of 2022, compared with 99 in all of 2021 and 97 in 2020. More than a dozen cases of vandalism have been reported since September.

The attacks have prompted a flurry of calls to better protect the nation’s power grid, but experts have warned for more than three decades that stepped-up protection was needed.

ATTACKS ON POWER STATIONS ARE ON THE RISE

  • At least 20 actual physical attacks were reported, compared with six in all of 2021.
  • Suspicious-activity reports jumped three years ago, nearly doubling in 2020 to 32 events. In the first eight months of this year, 34 suspicious incidents were reported.
  • Total human-related incidents – including vandalism, suspicious activity and cyber events – are on track to be the highest since the reports started showing such activity in 2011.

ATTACKS ARE REPORTD ON AT LEAST 5 STATES

Since September, attacks or potential attacks have been reported on at least 18 additional substations and one power plant in Florida, Oregon, Washington and the Carolinas. Several involved firearms.

  • In Florida: Six “intrusion events” occurred at Duke Energy substations in September, resulting in at least one brief power outage, according to the News Nation television network, which cited a report the utility sent to the Energy Department. Duke Energy spokesperson Ana Gibbs confirmed a related arrest, but the company declined to comment further.
  • In Oregon and Washington state: Substations were attacked at least six times in November and December, with firearms used in some cases, local news outlets reported. On Christmas Day, four additional substations were vandalized in Washington State, cutting power to more than 14,000 customers.
  • In North Carolina: A substation in Maysville was vandalized on Nov. 11. On Dec. 3, shootings that authorities called a “targeted attack” damaged two power substations in Moore County, leaving tens of thousands without power amid freezing temperatures.
  • In South Carolina: Days later, gunfire was reported near a hydropower plant, but police said the shooting was a “random act.”

The Department of Homeland Security has previously warned that power infrastructure is an “attractive” target for domestic terrorists. Last year, three men pleaded guilty today to crimes related to a scheme to attack power grids in furtherance of white supremacist ideology.

“We have seen attacks such as these increase in Western Washington and throughout the country and must treat each incident seriously . . . The outages on Christmas left thousands in the dark and cold and put some who need power for medical devices at extreme risk.” ~U.S. Attorney Nick Brown.

My opinion? These actions bring criminal charges far more egrigious than your standard Malicious Mischief. If caught, defendants face federal crimes of Sabotage. Please contact my office if you, a friend or family member are charged with a similar crime. Hiring an effective and competent defense attorney is the first and best step toward justice.