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Lemke Charged With Rep Jeffries Threat Pled Guilty Now Gets 36 Months in Prison

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 20 – Robert Lemke was charged with sending threats to Congressman Hakeem Jeffries.  On October 15 he pleaded guilty.

And on December 20, "ROBERT LEMKE, a California man who threatened members of Congress and journalists in connection with the outcome of the 2020 presidential election, was sentenced to 36 months in prison after previously having pled guilty to making threatening interstate communications.  U.S. District Judge Alvin K. Hellerstein imposed today’s sentence."

  Back on May 25, U.S. District Court for the Southern District of New York Judge Alvin K. Hellerstein held a proceeding. Inner City Press covered it. 

 The issue was when to hold Lemke's trial. Judge Hellerstein explained how courtrooms are allocated amid COVID, and suggested July 12, then July 15.

   Lemke counter proposed June, which would mean his Federal Defender would not be available. But he did not want to wait longer.

  Judge Hellerstein said he has another criminal proceeding that he thinks will plead out. He set another conference on Lemke, to see that specific day the trial can be.

On July 7, Judge Hellerstein held a hybrid conference in US v. Lemke, and Inner City Press live tweeted it, here:

There's a superseding indictment.

Lemke says, "Mrs. Jones, I plead not guilty."

Federal Defender: I'm not sure we're going to need a hearing for our pre-trial motions. We'd like a trial date.

Judge Hellerstein: I'll have to rule on your motions.

 Judge Hellerstein: I'd like to rule on July 29.

 AUSA: We could file early if the Court prefers.  Judge Hellerstein: Can you file by July 22, if you need an adjournment you can ask. There are trial in August and I'd like to get this done by then. Motions by July 9.

 Judge Hellerstein: What does O.A. mean? Ms. Jones: Oral argument. Judge Hellerstein: That one's civil, this will go first. AUSA: We'd like a trial date after Nov 1.

Judge Hellerstein: How about Oct 18?  FD: Lemke wants it asap.

Lemke himself: Can you comply with the Speedy Trial Act?

Judge Hellerstein: I am. Because of the limitations on the court and its rooms, I'll exclude time. Trial is October 18 at 10 am. 

FD: Mr Lemke objects.

Judge Hellerstein: Noted. We're done.

On October 15: "ROBERT LEMKE pled guilty to making threatening interstate communications to a New York City-based family member of a journalist (the “Journalist”), citing the Journalist’s statements about the outcome of the 2020 U.S. presidential election. LEMKE pled guilty today before U.S. District Judge Alvin K. Hellerstein.  U.S. Attorney Damian Williams stated: “Robert Lemke was frustrated with the result of the 2020 Presidential Election. Rather than attempting to effect change through legal discourse or any of the other freedoms of expression that all Americans enjoy, he instead sent threatening messages to the family member of a journalist. Inevitably, elections result in frustrations for some – that is part of the political process – but trying to instill fear in others by threat will not be tolerated by law enforcement.”

The case is US v. Lemke, 21-cr-100 (Hellerstein)



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