WASHINGTON — Defense Secretary Mark T. Esper sought to douse an international outcry on Monday by ruling out military attacks on cultural sites in Iran if the conflict with Tehran escalates further, despite President Trump’s threat to destroy some of the country’s treasured icons.
Mr. Esper acknowledged that striking cultural sites with no military value would be a war crime, putting him at odds with the president, who insisted such places would be legitimate targets. Mr. Trump’s threats generated condemnation at home and abroad while deeply discomfiting American military leaders who have made a career of upholding the laws of war.
“We will follow the laws of armed conflict,” Mr. Esper said at a news briefing at the Pentagon when asked if cultural sites would be targeted as the president had suggested over the weekend. When a reporter asked if that meant “no” because the laws of war prohibit targeting cultural sites, Mr. Esper agreed. “That’s the laws of armed conflict.”
The furor was a classic controversy of Mr. Trump’s creation, the apparent result of an impulsive threat and his refusal to back down in the face of criticism. When Mr. Trump declared on Saturday that the United States had identified 52 potential targets in Iran if it retaliates for the American drone strike that killed Maj. Gen. Qassim Suleimani, none of those targets qualified as cultural sites, according to an administration official who asked not to be identified correcting the president.
Nonetheless, when Mr. Trump casually said on Twitter that they included sites “very high level & important to Iran & the Iranian culture,” the resulting uproar only got his back up. Rather than simply say that cultural sites were not actually being targeted, the official said, he decided to double down the next day with reporters flying with him on Air Force One, scoffing at the idea that Iran could “kill our people” while “we’re not allowed to touch their cultural site,” saying, “It doesn’t work that way.”
Donald J. Trump
….hundreds of Iranian protesters. He was already attacking our Embassy, and preparing for additional hits in other locations. Iran has been nothing but problems for many years. Let this serve as a WARNING that if Iran strikes any Americans, or American assets, we have…..
….targeted 52 Iranian sites (representing the 52 American hostages taken by Iran many years ago), some at a very high level & important to Iran & the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD. The USA wants no more threats!126K people are talking about this
The comments drew protests from Iran and other American adversaries who said they showed that Mr. Trump is the aggressor — and not just against Iran’s government but against its people, its history and its very nationhood. Even some of America’s allies weighed in, with Prime Minister Boris Johnson of Britain breaking with Mr. Trump by issuing a statement through an aide warning against targeting antiquities.
Military leaders were left in the awkward position of trying to reaffirm their commitment to generations of war-fighting rules without angering a volatile commander in chief by contradicting him. Mr. Trump’s remarks unsettled even some of his allies, who considered them an unnecessary distraction at a time when the president should be focusing attention on Iran’s misdeeds rather than promising some of his own.
“We’re not at war with the culture of the Iranian people,” Senator Lindsey Graham, Republican of South Carolina and one of the president’s staunchest supporters in Congress, said on Monday. “We’re in a conflict with the theology, the ayatollah and his way of doing business.”
Mr. Graham, a retired military lawyer in the Air Force Reserve, said he delivered that message to Mr. Trump in a telephone call on Monday. “I think the president saying ‘we will hit you hard’ is the right message,” he said. “Cultural sites is not hitting them hard; it’s creating more problems. We’re trying to show solidarity with the Iranian people.”
Senator Jack Reed, Democrat of Rhode Island and a member of the Senate Armed Services Committee, said Mr. Trump’s threats would only encourage despots of the world to target antiquities themselves.
“America is better than that, and President Trump is flat-out wrong to threaten attacks on historic places of cultural heritage,” said Mr. Reed, a former platoon leader in the Army’s 82nd Airborne Division. “Destroying some of these culturally significant Iranian sites wouldn’t be seen as just an attack against the regime in Tehran, it could be construed as an attack on history and humanity.”
Iran, home to one of humanity’s most storied ancient civilizations, has 22 cultural sites designated on the World Heritage List by UNESCO, the United Nations cultural organization, including the ruins of Persepolis, the capital of the Achaemenid Empire later conquered by Alexander the Great. Others include Tchogha Zanbil, the remnants of the holy city of the Kingdom of Elam, and a series of Persian gardens that have their roots in the times of Cyrus the Great.
The United States is a signatory to a 1954 international agreement to protect cultural property in armed conflict and has been a leader in condemning rogue nations and groups that destroy antiquities, including the Islamic State’s destruction of sites in Mosul, Iraq, and Palmyra, Syria, and the Taliban’s demolition of the famed Bamiyan Buddhas in Afghanistan in 2001.
Experts said that what Mr. Trump described would likewise violate international law. “We and others accused ISIS of war crimes when they did this,” said Jeh C. Johnson, a former secretary of homeland security under President Barack Obama who previously served as the top lawyer at the Pentagon. “Certainly, in aggravated circumstances, it should be considered a war crime.”
Mr. Johnson and others said there could be situations that are murkier, if the actual cultural value was less clear or it was being used as a military facility. Still, Mr. Johnson said, “my guess is his national security lawyers did not vet that tweet.”
Indeed, the president’s advisers ever since have sought to deny that he was actually making a threat even though his initial tweet said the sites — including those of cultural importance — “WILL BE HIT VERY FAST AND VERY HARD” if Iran responded to General Suleimani’s killing.
“President Trump didn’t say he’d go after a cultural site,” Secretary of State Mike Pompeo insisted the next day on Fox News. “Read what he said very closely.”
But just hours later, Mr. Trump made very clear that he thought cultural sites were in fact legitimate targets. “They’re allowed to kill our people,” he told the reporters on Air Force One as he flew back to Washington from his winter holiday in Florida. “They’re allowed to torture and maim our people. They’re allowed to use roadside bombs and blow up our people. And we’re not allowed to touch their cultural site? It doesn’t work that way.”
By Monday, the White House was again denying that Mr. Trump actually made a threat. “He didn’t say he’s targeting cultural sites,” Kellyanne Conway, the president’s counselor, told reporters. “He said that he was openly asking the question why in the world they’re allowed to maim people, put out roadside bombs, kill our people, torture our people.”
In a departure from Iran’s usual tactics of hiding behind proxies, the country’s supreme leader wants any retaliation for the killing of a top military commander to be carried out openly by Iranian forces.
In the tense hours following the American killing of a top Iranian military commander, the country’s supreme leader, Ayatollah Ali Khamenei, made a rare appearance at a meeting of the government’s National Security Council to lay down the parameters for any retaliation. It must be a direct and proportional attack on American interests, he said, openly carried out by Iranian forces themselves, three Iranians familiar with the meeting said Monday.
It was a startling departure for the Iranian leadership. Since the establishment of the Islamic Republic in 1979, Tehran had almost always cloaked its attacks behind the actions of proxies it had cultivated around the region. But in the fury generated by the killing of the military commander, Maj. Gen. Qassim Suleimani, a close ally and personal friend of the supreme leader, the ayatollah was willing to cast aside those traditional cautions.
The nation’s anger over the commander’s death was on vivid display Monday, as hundreds of thousands of Iranians poured into the streets of Tehran for a funeral procession and Mr. Khamenei wept openly over the coffin.
After weeks of furious protests across the country against corruption and misrule, both those who had criticized and supported the government marched together, united in outrage. Subway trains and stations were packed with mourners hours before dawn, and families brought children carrying photographs of General Suleimani.
A reformist politician, Sadegh Kharazi, said he had not seen crowds this size since the 1989 funeral of the Islamic Republic’s founder, Ayatollah Ruhollah Khomeini.
“We are ready to take a fierce revenge against America,” Gen. Hamid Sarkheili of the Revolutionary Guard, declared to the throng. “American troops in the Persian Gulf and in Iraq and Syria are within our reach.”
“No negotiations or deal, only war with America,” students chanted in an online video from a university campus.
A renowned eulogist and member of the Revolutionary Guard, Sadegh Ahangaran, exhorted the funeral crowds to raise their voices so “damned America can hear you” and to “wave the flags in preparation for war.”
The increasingly public vows of direct action on Monday constituted Iran’s latest act of defiance to President Trump. Over the weekend the president had repeatedly threatened to retaliate for any attacks against American interests by ordering airstrikes against as many as 52 potential targets, one for each of the American hostages held after the seizure of the United States embassy in Tehran in 1979.
In response, Iran’s moderate president, Hassan Rouhani, on Monday responded with his own numerology. “Those who refer to the number 52 should also remember the number 290,” he said on Twitter, a reference to the 290 people killed in 1988 in the accidental downing of an Iranian airliner by an American warship. “Never threaten the Iranian nation,” Mr. Rouhani added.
Where, when and even if Iran may choose to retaliate remains a matter of speculation. As Iranian leaders weighed just what form it might take, analysts said the targets included American troops in neighboring Syria and Iraq, American bases in the Persian Gulf or American embassies or diplomats almost anywhere.
When previous attempts at direct strikes or assassinations have proved unsuccessful, some noted, Iranian-backed militants have turned to the simpler tactic of killing civilians with terrorist bombs.
This was the sequence in 2012 with the Iranian-backed Lebanese group Hezbollah. After failing in attempts to attack Israeli targets or kill Israeli officials in revenge for the killing of one of the group’s leaders, the militants eventually settled on the easier job of bombing a bus load of Israeli tourists in Bulgaria, said Afshon Ostovar, a scholar of Iran at the Naval Postgraduate School.
“We are in uncharted territory, and the truth of the matter is nobody knows how Iran is going to respond. I don’t think even Iran knows,” Mr. Ostovar said. “But I think there is a blood lust right now in the Revolutionary Guards.”
In Iraq, where the Parliament had earlier called for the immediate expulsion of the 5,000 American troops stationed there, Prime Minister Mahdi on Monday listed steps to curtail the troops’ movements.
While plans were being made for departure of the Americans, he said, they will now be limited to “training and advising” Iraqi forces, required to remain within the bases and barred from Iraqi air space.
Mr. Mahdi met with Matthew Tueller, the American ambassador to Iraq, on Monday, and “stressed the need for joint action to implement the withdrawal,” according to a statement and photo released by Mr. Mahdi’s office. He also emphasized Iraq’s efforts to prevent the current tensions between Iran and the United States from sliding into “open war.”
The United States military stirred a media flurry by accidentally releasing a draft letter that seemed to describe imminent plans to withdraw from Iraq. Marine Corps Brig. Gen. William H. Seely III, the commander of the United States forces in Iraq, wrote to the Iraqi government that the American troops would be relocated “to prepare for onward movement.”
“We respect your sovereign decision to order our departure,” he wrote.
But Defense Department officials played down the significance of the letter. “Here’s the bottom line, this was a mistake,” General Mark A. Milley, President Trump’s top military commander, told reporters at the Pentagon during a hastily called press briefing. “It’s a draft unsigned letter because we are moving forces around.”
“There’s been no decision whatsoever to leave Iraq,” Mark T. Esper, the defense secretary, told reporters. “There’s been no decision made to leave Iraq. Period.”
Although the Trump administration has said that the United States killed General Suleimani because he was planning imminent attacks against American interests, there were indications Monday that he may have been leading an effort to calm tensions with Saudi Arabia.
Prime Minister Adel Abdul Mahdi of Iraq said that he was supposed to meet with General Suleimani on the morning he was killed, and that he expected him to bring messages from the Iranians that might help to “reach agreements and breakthroughs important for the situation in Iraq and the region.”
In Washington, two top Senate Democrats urged President Trump early Monday to declassify the administration’s formal notification to Congress giving notice of the airstrike that killed General Suleimani.
Such notification of Congress is required by law, and to classify the entirety of such a notification is highly unusual.
Senator Chuck Schumer of New York, the Democratic leader, and Senator Robert Menendez of New Jersey, the top Democrat on the Foreign Relations Committee, said in a joint statement that it was “critical that national security matters of such import be shared with the American people in a timely manner.”
And Senator Mitch McConnell, the Republican leader, urged Mr. Trump’s critics not to jump to conclusions. “Unfortunately, in this toxic political environment, some of our colleagues rushed to blame our own government before even knowing the facts,” he said.
For its part, Iran simultaneously continued a months-long push against the Trump administration over its demands that Tehran submit to a more restrictive renegotiation of a 2015 accord with the Western powers over its nuclear research. The Trump administration has sought to pressure Iran by devastating its economy with sweeping economic sanctions, which Iranian officials have denounced as economic warfare.
The sanctions set off the cycle of attacks and counterattacks that culminated last week in the killing of General Suleimani. Iran has also responded with carefully calibrated steps away from the deal’s limits on its nuclear program. On Sunday, Iranian officials said that they had now abandoned all restrictions on the enrichment of uranium, though they said they would continue to admit inspectors from the International Atomic Energy Agency.
Amid the emotion of the funeral, some called for vengeance that would remake the region. “Even if we attack all of U.S. bases and even if we kill Trump himself it’s not enough revenge,” Brig. Gen Amir Ali HajiZadeh said at the funeral. “We must totally eliminate all U.S. troops from the region.”
For now, Iranian officials seem to be in no rush to strike back against the United States, possibly enjoying their ability to spread anxiety throughout the West. They seem content to
- bask in the nationalist surge in their popularity,
- growing international sympathy and the push to
- expel the American troops from Iraq.
“I don’t think they want to shift the conversation yet,” said Sanam Vakil, a scholar of Iran at Chatham House, a research center in London.
But for the hard-liners who dominate the Iranian National Security Council, she said, some vigorous retaliation would be the only rational response. “A non-response would appear weak and invite further pressure, creating problems in domestic politics and internationally,” she said.
Universal Basic Income–For or Against? A Debate: Karl Widerquist (Georgetown University-Qatar) and Oren Cass (Manhattan Institute) Wed., Oct. 30, 4:30 pm in Filene Auditorium
Wednesday, October 30, 2019
4:30am – 6:00pm
Filene Auditorium, Moore Building
Sponsored by: Political Economy Project
The idea of a government-guaranteed income for everyone has made a meteoric rise to prominence in just the last few years, in the United States and around the world. Karl Widerquist (Georgetown University-Qatar) and Oren Cass (Manhattan Institute) will debate the merits of this, one of the hottest policy proposals of our time.
Two years after Charlottesville, this Republican prosecutor is pioneering a new approach to convicting racist rioters
On June 28, in the main courtroom of Charlottesville’s federal courthouse, U.S. Attorney Thomas T. Cullen rose to his feet. It had been nearly two years since white supremacists brawled with counterprotesters at a violence-filled rally nearby; now, standing still and stoic, the tall, lean Cullen addressed the court regarding the sentencing of James Fields Jr. At the rally in August 2017, Fields, 22, had driven his Dodge Challenger into a crowd of peaceful protesters, maiming many and killing one. Having been convicted on federal hate crimes charges, Fields deserved nothing less than life in prison, Cullen argued.
From the courtroom’s wooden benches, Fields’s victims — who had come to testify about their broken bones, broken spirits and broken marriages; their lasting fear of cars, loud noises and even the light of day — listened intently. Never mind the defendant’s age and appeal for mercy, Cullen said. Hadn’t he described those who disagreed with his views as “monkeys,” “subspecies,” “kikes” and more on his social media accounts? Never mind his claim that he’d acted on impulse and without premeditation, that he’d had mental health problems. “We all face mental health issues,” Cullen pointed out, “but troubled people don’t just commit acts of mass murder or domestic terrorism.”
U.S. District Judge Michael Urbanski agreed. Fields stared blankly before him as his sentence was handed down: life in prison without parole. At the prosecution table, Cullen, his face set in its resting scowl, nodded briefly but didn’t look up from the notes he was jotting on his legal pad.
It was a win, but only a first step. Cullen, 15 months into his job as the chief federal prosecutor for the Western District of Virginia, is on a mission: to use the federal judiciary to strike a blow against mounting white nationalist violence. And nailing James Fields was arguably the easy part. The bigger challenge was the organized groups of white supremacists who had planned the massive rally with the intent to threaten and physically assault counterprotesters: How could they be held responsible?
Cullen and his prosecutors have set their sights on a white supremacist group called the Rise Above Movement, based in Southern California, charging four of its members with conspiracy to commit violence and crossing state lines to riot in Charlottesville. The prosecutors’ ironic weapon of choice against the extreme-right group: an anti-riot statute passed in the 1960s to rein in leftist Vietnam War protesters.
The case is the first time federal authorities have tried to disrupt a violent white supremacist terrorist organization on charges other than drug- or gun-dealing or murder. And it’s remarkable not just for the legal tactics involved, but because of the person carrying them out: Thomas Cullen, a Trump-appointed conservative prosecutor from a prominent Republican Virginia family. While the president and others in the GOP have mostly averted their gaze and refused to confront the phenomenon of white supremacy, Cullen is choosing to stare it down. “I could care less about politics,” he says. “Hate crimes and violence by white supremacist organizations that qualify as domestic terrorism are way up. Prosecuting them is common sense. It’s the right thing to do.”
A few weeks before the Fields sentencing, I met Cullen in a small, unadorned conference room on the first floor of the federal courthouse in Charlottesville. At 42, Cullen is easygoing and straightforward, with none of the bravado that many federal prosecutors display. He took office as the top federal lawman for the 46 counties and 17 cities of western Virginia on March 30, 2018. Except for a stint in private practice, he had served as an assistant U.S. attorney and deputy criminal chief in the Roanoke-headquartered office for the previous three years. “I felt pretty comfortable coming into this role,” he told me. “I certainly understood how the office worked.”
On his plate when he took over were
- opioid pill mills along the Interstate 81 corridor;
- organized gangs of Crips and Bloods in Danville, near the North Carolina line;
- drug dealers in the Shenandoah Valley; and the 2017 Unite the Right rally in Charlottesville. Cullen was away from Virginia on vacation when the rally and subsequent violence took place, but from the moment he was nominated for the top job, he knew that the issue was “one I need to be involved in.”
Within 24 hours, Assistant U.S. Attorney Christopher Kavanaugh, who lives in Charlottesville and works out of the branch office there, briefed Cullen on the evidence and possible charges. Fields had already been indicted on murder charges by the state, but to send a message, the office wanted him to face federal charges as well. Based on video, Fields’s vile social media feeds and witness testimony, prosecutors believed they had a clear shot at building a hate crime case against Fields under federal civil rights laws.
But there had to be more. “It was too big an event, too awful an event, for the federal government to have that one homicide case,” Kavanaugh told me. “We asked ourselves: What other prosecutions could come of this?”
He found an answer in the more than 5,000 hours of rally video turned over to federal law enforcement by bystanders, participants and journalists. Front and center in much of the action, assaulting and beating counterprotesters including women and clergy, were four men. “This one group of guys kept sticking out,” Kavanaugh says. “They acted in lockstep. Their hands were taped. They were more equipped to fight. They were involved when violence first broke out.” He wondered, “Who are these guys?”
A detailed October 2017 article by the nonprofit investigative news service ProPublica provided crucial information. It identified members of the Rise Above Movement, a virulent neo-Nazi white supremacist group. Founded in California in 2017, RAM had grown to about 20 members by the time of the Charlottesville rally, according to court documents. Its promotional videos show members fitness training, kickboxing and occasionally throwing copies of Anne Frank’s diary into bonfires on the beach. They aimed to build up members’ physical strength in order to punish “Jews,” RAM’s catchall word for anyone it considers an enemy. “Their whole mantra is going in the opposite direction of the image of the basement-dwelling chubby guy spewing hate on his laptop,” says Kavanaugh. “They were masculine, fit, sober, respectful. They had a certain look.”
The four men prosecutors zeroed in on included RAM co-founder Benjamin Daley, a wiry 25-year-old tree trimmer from Redondo Beach, Calif., who routinely bashed “Mark Zuckerberg and his Facebook Jew police” for taking down his anti-Muslim posts. Daley had hooked up with another ardent RAM member, Michael Miselis, a 30-year-old aerospace engineering doctoral candidate at UCLA who was working as a systems engineer for defense contractor Northrop Grumman in Redondo Beach. (Miselis lost his job — and his U.S. government security clearance — after he was named in a July 2018 ProPublica article.)
The problem for the U.S. attorney’s team was finding a federal statute they could charge the men under. According to Cullen and Kavanaugh, there are precious few laws available to federal law enforcement agencies and lawyers for investigating and prosecuting domestic terrorist groups for violent rhetoric — or even outright violence. Local and state police and courts can charge crimes of assault, robbery, threats and all manner of person-to-person violence, but the federal criminal code limits the FBI and all federal agencies to investigating broader conspiracies, fraud, gun and drug trafficking, and civil rights violations — which now includes hate crimes. In many cases, defendants must cross state lines to be found in violation of federal law.
Investigating domestic terrorism can put federal agents in even more disputed terrain. Academics, lawyers and judges contest the line where First Amendment rights of free speech end and conspiring to commit violence begins. Federal law enforcement agencies have long had to navigate that line, even as the demand to rein in domestic terrorist groups grows. “The FBI is under pressure to do something it can’t do something about,” says Adam Lee, former head of the FBI’s Richmond office and now head of security for Dominion Energy. “The FBI cannot target domestic terrorist groups like an international threat. The First Amendment absolutely forbids it.” (Progressive advocates, such as the Brennan Center for Justice, dispute this, arguing that the FBI readily investigates groups on the left that it views as subversive, including environmental groups, Black Lives Matter and others.)
Prosecutors were committed to bringing the RAM four to justice, but they did not believe proving a hate crime under federal statutes was their strongest possible case. Instead, digging into federal criminal laws, they found the 1968 Anti-Riot Act, passed by Congress to punish antiwar protesters who crossed state lines to incite a riot. “If we could prove,” says Kavanaugh, that the RAM members “had intent to commit violence and they traveled across state lines, we could build a case.” Cullen didn’t need a lot of persuading. He told his prosecutors to dust off the little-used law and charge the four RAM members with conspiracy to riot. It was, Cullen told me, “our only viable option.”
In the months after he took office, Cullen gradually came to the conclusion that white supremacists and far-right domestic terrorist groups like RAM are “grave threats” to the country — and are stepping up their violence. He interviewed victims, reviewed hundreds of hours of tape, read about the radical far right, and attended domestic terrorism meetings at the Justice Department. “The cumulative weight of the evidence opened my eyes,” he says. “I felt an obligation to protect the public, to take them off the street.”
That sense of obligation may come from his upbringing. Cullen was the eldest of four children in a conservative Republican family from Richmond. Public service was drilled in by his father, Richard Cullen, a former attorney general of Virginia and former U.S. attorney for Virginia’s Eastern District. “He’s my mentor and role model,” says Cullen. “A benefit and a burden.”
By many accounts, the elder Cullen, 71, is one of the most sought-after defense lawyers in the nation for powerful Republicans in need. (He recently represented Vice President Pence in Robert S. Mueller III’s investigation into possible Trump-Russia collusion.) But the self-described “small government, individual liberty-type Republican” also had close ties to former Virginia governor L. Douglas Wilder; in 1993, he worked with the Democrat to pass a law limiting handgun purchases in Virginia to one a month. “Thomas was always around people in public life,” Richard says. “But I did not try to shape his career.”
Thomas, for his part, had no particular yearning to follow in his father’s footsteps. After graduating from Furman University in South Carolina, he enrolled in William & Mary Law School. On his second day he phoned his father. “I’ve decided not to continue here,” he said. Cullen had looked around at his fellow students at orientation and was “scared out of my mind. I didn’t feel ready.”
A year of teaching English at a military prep school, however, convinced him that he was ready. He returned to William & Mary, earning a law degree in 2004. After graduating near the top of his class, he clerked for Roger Gregory, the first African American to serve on the U.S. Court of Appeals for the Fourth Circuit.
For his first job as federal prosecutor, Cullen headed to North Carolina. Four years later, in 2010, Tim Heaphy, the U.S. attorney for Virginia’s Western District, recruited him to run his criminal division. Heaphy, as it happened, was Richard Cullen’s former law partner. Cullen knew that his colleagues might be suspicious of his hiring. “I felt the pressure,” he says. “I just worked harder to establish myself.”
In July 2017 Cullen was working in private practice in Roanoke when the state’s two Democratic U.S. senators, Mark Warner and Tim Kaine, floated his name for the job as top federal prosecutor in the Western District. Trump nominated him in February 2018, and the Senate confirmed him the next month. The president had already declared that “there were fine people on both sides” of the violence in Charlottesville, a statement that seemed to bless violent white supremacists and neo-Nazis. Cullen would look to disprove that contention in court.
Afederal grand jury indicted James Fields on June 27, 2018. Fields was already in custody on state murder charges, but the RAM four were still out there, celebrated on white nationalist websites and gloating about their fighting prowess. “We had the[m] completely surrounded,” Daley wrote on his Facebook page of the torch-lit march on the U-Va. campus, according to court documents. “I hit like 5 people.” In the spring of 2018, Daley and Miselis traveled to Germany to celebrate Adolf Hitler’s birthday at the white supremacist Shield and Sword Festival.
On Aug. 27, 2018, Cullen and his team filed arrest warrants for Daley, Miselis, Gillen and White, supporting the complaints with photos and screen shots:
- White head-butting a clergyman, then
- cracking heads with a female counterprotester, leaving her with blood streaming down her face; Miselis, wearing a “Make America Great Again” hat turned backward,
- kicking a man as he’s falling;
- Daley grabbing a woman and body-slamming her to the ground.
Cullen asked the judge to keep the warrants sealed until prosecutors could organize the arrests. Then, in the early morning hours of Oct. 2, 2018, federal agents in Southern California raided the homes of Daley, Miselis and Gillen, and brought the men to federal court in Los Angeles. White was grabbed in San Francisco.
Kavanaugh went to California to help guide the arrests. “It was important to show our presence out there,” Cullen says. “It was our case. They were coming back here.” The four suspects, facing 10 years in prison — five for each of two federal rioting charges — were taken to the Central Virginia Regional Jail in Orange.
At a news conference in Roanoke, Cullen recognized ProPublica for providing a “starting point” for the federal investigation. But “we’re not finished,” he declared. “I commit as the U.S. attorney that we’re going to follow every lead until we’re satisfied that we’ve done all we can do.” He wanted to “send a message” to white supremacists, he said, putting them on notice that they could face federal criminal charges for violent actions.
Earlier this year, in a New York Times essay, Cullen decried the rise in far right extremism as “among the greatest domestic-security threats facing the United States” and lamented that “law enforcement, at both the federal and state levels, has been slow to respond.” Federal prosecutors, he wrote, needed additional tools, such as “a domestic-terrorism statute that would allow for the terrorism prosecution of people who commit acts of violence, threats and other criminal activities aimed at intimidating or coercing civilians.”
Cullen’s outspokenness risked rebuke from a White House, a president and a political party that have tended to avoid calling out white supremacists. He allows that he put himself “out on a limb,” but he got no negative feedback — and he has no regrets. “Violent domestic terrorism is becoming tragically more frequent,” he says. “We have to respond.”
Federal public defender Lisa Lorish immediately rebutted Cullen’s case against the RAM four. On behalf of Ben Daley, she filed a motion to dismiss. Calling the federal Anti-Riot Act “overbroad” and “unconstitutionally vague,” she argued that “it seeks to punish defendants for engaging in protected First Amendment freedoms of speech and peaceable assembly.”
Cullen fired back on March 8: “The First Amendment does not, and has never, protected incitement to violence or violent actions.” And: “Participation in a political rally does not grant individuals license to engage in mayhem.” On April 19, Cole White was freed after pleading guilty and agreeing to cooperate with the prosecution. On May 2, U.S. District Judge Norman Moon denied Lorish’s motion to dismiss. With the case proceeding and video evidence stacked against them, the three remaining RAM defendants pleaded guilty the next day. (Not long after, a California judge threw out a similar case based on the Anti-Riot Act for violating the First Amendment. If appealed, the two cases could wind up before the Supreme Court.)
Three months after pleading guilty, Daley, Miselis and Gillen shuffled into court for their sentencing, dressed in orange prison suits, their hands and feet in shackles. (White would be sentenced separately.) Several days earlier, Cullen had upped the ante, asking Moon to elevate their actions to hate crimes, which would add many months to their time behind bars. “It’s crucial that we send a message of deterrence for other militant white supremacists,” he told the court.