Threats against federal judges have become an increasingly grim feature of the Trump II era, with jurists facing everything from swatting attempts to death threats for the apparent offense of doing their jobs. Now, one man accused of threatening to murder a federal judge is headed to trial.
As noted by Bloomberg Law, David Pokorny allegedly sent nearly a dozen emails threatening Judge Charles Breyer of the Northern District of California. The messages reportedly described graphic plans to assault, kidnap, and kill Breyer, including repeated references to “skinning” the judge alive. Pokorny also allegedly called Breyer an “enemy combatant” and threatened to take and kill hostages in an effort to force California’s courts and judges to cease operations.
Pokorny twice tried to have the charges dismissed, but Judge Jon Tigar, Breyer’s colleague on the Northern District of California, rejected both attempts. Pokorny argued that the grand jury had not been properly instructed on the distinction between protected speech and a “true threat,” but Tigar found that prosecutors were not required to provide perfect instructions. The judge had previously determined that the emails constituted a “true threat” and were “not merely a hyperbolic or emotionally charged political message.”
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Breyer, the younger brother of former Supreme Court Justice Stephen Breyer, became a prominent figure in the legal battle over the Trump administration’s federalization of California National Guard troops, though Pokorny’s messages did not specifically mention any of his rulings or cases.
The case comes amid an alarming rise in threats against the judiciary, which increased by a reported 327% during the Trump II era. This is what happens when attacking judges becomes a normalized political tactic: most people stop at an angry rant, but some allegedly do not.
Pokorny’s trial is scheduled for November.
Man Charged With Judge Charles Breyer Threats Will Go to Trial [Bloomberg Law]
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Staci Zaretsky is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.