Swing State Project

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April 1, 2005

Tom DeLay
Majority Leader
House of Representatives
Washington, DC 20515

Dear Majority Leader DeLay,

I was stunned to read the threatening comments you made yesterday against Federal judges and our nation’s courts of law in general. In reference to certain Federal judges, you stated: “The time will come for the men responsible for this to answer for their behavior.”

As you are surely aware, the family of Federal Judge Joan H. Lefkow of Illinois was recently murdered in their home. And at the state level, Judge Rowland W. Barnes and others in his courtroom were gunned down in Georgia.

Our nation’s judges must be concerned for their safety and security when they are asked to make difficult decisions every day. That’s why comments like those you made are not only irresponsible, but downright dangerous. To make matters worse, is it appropriate to make threats directed at specific Federal and state judges?

You should be aware that your comments yesterday may violate a Federal criminal statute, 18 U.S.C. §115 (a)(1)(B). That law states:

“Whoever threatens to assault…. or murder, a United States judge… with intent to retaliate against such… judge…. on account of the performance of official duties, shall be punished [by up to six years in prison]”

Threats against specific Federal judges are not only a serious crime, but also beneath a Member of Congress. In my view, the true measure of democracy is how it dispenses justice. Your attempt to intimidate judges in America not only threatens our courts, but our fundamental democracy as well.

Federal judges, as well as state and local judges in our nation, are honorable public servants who make difficult decisions every day. You owe them – and all Americans – an apology for your reckless statements.

Sincerely,

Frank R. Lautenberg