Letter reveals that federal prosecutors declined to charge man who threatened Indiana congressman

WASHINGTON, DC - AUGUST 11: U.S. Attorney General Merrick Garland delivers a statement at the U.S. Department of Justice August 11, 2022 in Washington, DC. Garland addressed the FBI's recent search of former President Donald Trump's Mar-a-Lago residence, (Photo by Drew Angerer/Getty Images)

A Fort Wayne man convicted for harassing and intimidating U.S. Rep. Jim Banks was given a pass by federal prosecutors, who declined to act on the case despite apparently pursuing similar cases in other districts — according to a December letter Banks sent to U.S. Attorney General Merrick Garland.

Banks’ office publicized the letter following an op-ed written by Garland condemning political violence, noting that Garland never responded to his concerns about the threats against the Banks family. Meanwhile, a Texas man who threatened California U.S. Rep. Maxine Waters was sentenced to 33 months imprisonment by federal prosecutors this week and fined $10,000.

“… (The U.S. Attorney’s Office) declined to prosecute despite clear evidence that (Aaron) Thompson violated federal law,” Banks wrote in December. “… I have no doubt that you, as a husband and father yourself, would do anything to protect your family, but I want to know why you have refused to protect mine.”

Aaron L. Thompson pleaded guilty in October to a Level 6 felony as well as a Class B misdemeanor following repeated threatening calls to Banks’ congressional office in April 2023 and was ultimately sentenced to probation. Thompson told Capitol Police he was intoxicated and threatened Banks and his family because he disagreed with his political views.

In his messages, Thompson said he owned a gun as allowed by the Constitution and told Banks to choose between himself or his daughters, according to filings from last year.

“Here’s the choice. Your daughters grow up without their dad or you grow old without your daughters,” Thompson allegedly said. “… boom, boom you pick …”

To Banks specifically, Thompson said he hoped the representative died in a car crash or “(got) his brains blown out,” in an expletive-filled series of messages.

According to Banks’ letter, the Office of the U.S. Attorney of Northern Indiana, which Garland oversees, declined to file federal charges against Thompson. But the Allen County Prosecutor’s Office moved forward with a state case. According to the plea agreement, Thompson received a sentence of 2 years and 180 days for the felony charge of intimidation, and another 180 days for the misdemeanor charge of harassment. Both sentences were suspended in favor of placing Thompson on probation.

While the sentence included a provision barring Thompson from communicating with Banks or the Third Congressional District offices — with an exception for letters related to Congressional services that must be shared with his probation officer — it doesn’t include any prohibition on contacting Banks in future offices. Banks is the Republican nominee for the U.S. Senate.

Banks concluded the letter by asking why federal prosecutors declined to pursue charges against Thompson and whether Garland had specifically communicated with the office about cases related to threats and political violence. Additionally, he requested a full list of individuals prosecuted by the office for threatening federal officials.

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