Speaking at a rally of abortion rights supporters Wednesday March 4, 2020 in front of the Supreme Court, Schumer deliberately inflamed the crowd by taking direct aim at two of the justices appointed by President Trump – Neil Gorsuch and Brett Kavanaugh. The rally was held as the high court was hearing arguments on a controversial Louisiana abortion access law.

Schumer said:  “I want to tell you Gorsuch,” Schumer said, “I want to tell you Kavanaugh. You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

There is no question this is a threat.  These words cannot be taken lightly especially in Lieu of the lies and damage that the Democrats lead by Senator Schumer did to Brett Kavanaugh during his nomination to the Court this threat must be taken seriously.

According to the law - Threatening government  officials is a Class C or D felony, usually carrying maximum penalties of 5 or 10 years under 18 U.S.C. § 875, 18 U.S.C. § 876 and other statutes, that is investigated by the Federal Bureau of Investigation. When national boundaries are transcended by such a threat, it is considered a terrorist threat.[2]

When a threat is made against a judge, it can be considered obstruction of justice.[3]

There are three elements of the offense of making an illegal threat: (i) there must be a transmission in interstate commerce; (ii) there must be a communication containing the threat; (iii) and the threat must be a threat to injure the person of another.[5] Threats can also sometimes be punished under the statutes criminalizing assaulting, resisting, or impeding certain United States Government officers or employees[6] or assassinating, kidnapping, and assaulting government officials of the United States.

United States Sentencing Guidelines take a number of factors into consideration in determining the recommended penalty, including evidence of the person's intent to carry out the threat; disruption to the government function; and the possibility of inciting others to violence.[7] There is also a 6-level official victim enhancement, which makes the recommended penalty, per the sentencing table, approximately double that which would apply if an ordinary citizen were the victim.[8] There can be many motives for making threats, including political motives or a desire to frame someone else for making the threat.[9] The person's intent can greatly affect the sentence.

In determining what constitutes a true threat, the courts hold that what must be proved is that a reasonable recipient of the communication would consider it a threat under the circumstances. Thus, a statement to a judge that "You and your family are going to die" would be regarded as a true threat, even if the defendant claimed that he meant it as a literal, biological truth.[10] If a threat is made to multiple individuals, it may be considered to be outside of the guidelines heartland, and therefore to warrant an enhancement.[11]