Federal prosecutors charged fewer than two dozen people out of more than 7,500 possible threats Capitol Police reviewed last year
Experts said the small number of prosecutions may be caused by a number of factors, such as limited federal resources, victims’ unwillingness to go through the criminal process, or the question of whether a perceived threat may qualify as protected speech under the First Amendment. The question of how to legally define a threat — from the sender’s perspective or the recipient’s? — has been decided differently among the federal circuit courts, and the U.S.
Prosecutors moved forward on 22 of the 313 cases, or about 7 percent. The number and percentage of threat prosecutions has steadily declined in recent years, Capitol Police statistics show. There were 51 threats to members of Congress The Justice Department declined to comment for this story. Officials have in recent years sought to take a more aggressive posture on threat cases, and the department provided data indicating that it has increased prosecutions of cases beyond those involving members of Congress.From 2012 to 2018, federal threat charges were filed in about 160 cases per year, according to Justice Department statistics.
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