'One of the FBI's highest priorities': Election threats won't be tolerated, feds say

  • Oops!
    Something went wrong.
    Please try again later.

An Ohio man pleaded guilty in federal court Thursday to leaving three threatening voicemails for then-Arizona Secretary of State Katie Hobbs when she was the Democratic nominee for governor last year.

He is the third person to plead guilty or be sentenced this month for making threats to Arizona election officials — both Republicans and Democrats — since the 2020 election. On the heels of the latest courtroom development, federal officials gathered to send an unequivocal warning as the state gears up for another election cycle.

"Any phone call — any one phone call, any single solitary phone call, email, or other communication that threatens an election official or worker — can lead directly to prison," said U.S. Attorney Gary Restaino, whose office prosecutes federal crimes across Arizona. "These aren't innocent rants out of frustration. These are true threats and therefore federal crimes, and our partners at the FBI are really good at finding the subjects."

Nationwide, 14 cases bringing criminal charges for threatening election workers have been prosecuted by a special Department of Justice task force, Restaino said. Five of those involved election officials in Arizona, according to Restaino, who noted his office had no election-related threat cases before 2020. The task force looked at more than 2,000 referrals for harassment and threats, he said.

"Election security is and will be one of the FBI's highest priorities," said FBI Acting Special Agent in Charge Myron Byrd. "The work of election officials, their staff and volunteers, is essential to our democracy and any threat to these public servants is unacceptable."

Myron Byrd, Federal Bureau of Investigation Acting special agent in charge of the Phoenix Field Office, attends a press conference recapping election threat cases at the United States Attorney's Office District of Arizona in Phoenix on Aug. 31, 2023.
Myron Byrd, Federal Bureau of Investigation Acting special agent in charge of the Phoenix Field Office, attends a press conference recapping election threat cases at the United States Attorney's Office District of Arizona in Phoenix on Aug. 31, 2023.

Both Restaino and Byrd foreshadowed the coordination ahead: Law enforcement officials establishing command posts around key election dates to monitor and investigate threats.

Some point to former President Donald Trump and like-minded Republicans for repeatedly and falsely claiming the 2020 election was stolen as a cause of such threats. In Arizona and nationwide, former candidates continue to spread conspiracy theories about election workers.

Restaino called for civility and a de-escalation of political rhetoric. As to why Arizona makes up more than a third of the cases brought by federal prosecutors nationwide, Restaino cited the Grand Canyon State's high-profile politics. He said he expected Maricopa County would continue to be targeted.

"One thing to consider is Arizona has been in the news from an election context nearly continuously from November 3, 2020, to present," he said. "We went through extensive ballot reviews. We went through Cochise County deciding whether or not to certify an election. The election manual that the secretary of state does, which is a pretty cool thing, is the subject of intense media debate. We are out there more."

'You will pay with your life'

Restaino and Byrd spoke to reporters shortly after a 24-minute court hearing during which Joshua Russell, 45, of Ohio pleaded guilty to a felony count of making a threatening interstate communication.

U.S. Attorney for the District of Arizona Gary M. Restaino attends a press conference recapping election threat cases at the United States Attorney's Office District of Arizona in Phoenix on Aug. 31, 2023.
U.S. Attorney for the District of Arizona Gary M. Restaino attends a press conference recapping election threat cases at the United States Attorney's Office District of Arizona in Phoenix on Aug. 31, 2023.

Russell, with two supporters seated behind him in the federal courthouse in downtown Phoenix, answered with "yes" or "no" as a judge asked a series of questions affirming he understood his rights to go to trial, that he was not forced into making his plea, and among other things that, as a result of his conviction, he would not be eligible to vote.

"We respect the process and expect a fair result," Russell's attorney, Jazmin Alagha of the Federal Public Defender's Office, said in an email.

The stoic court proceeding betrayed the gravity of the threats made. Federal Magistrate Judge Eileen Willett calmly read the following threats Russell left for Hobbs, expletives and all.

On Aug. 2, 2022, the day of the Arizona primary election, Russell left a phone message calling Hobbs a "traitor:"

"You've drug your feet, you've done nothing to protect our elections for 2020. You're committing election fraud. You're starting to do it again from day one. You are the enemy of the United States. ... America's coming for you and you will pay with your life, you communist f------ traitor b----."

Election challenges: Citing Trump chat, former House Speaker Bowers says election challenges aren't over

On Sept. 9, he left another voicemail: "The only reason you're still walking around on this planet is because we're waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal and you have a few short months to see yourself behind bars. Or, we will see you to the grave."

And then, on Nov. 15, the day after Hobbs was declared the winner of the Arizona governor's race, he called again:

"We will not endure your crimes on America another day. You've been busted over and over again. ... A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. ... You're a f------ piece of s--- communist, and you just signed your own death warrant."

After Willett finished reading the threats, she asked Russell if the facts were true and how he wanted to plead to the charge: Guilty or not guilty?

"Guilty," he said.

As part of the plea agreement, five other counts will be dismissed. Russell is scheduled to be sentenced Nov. 13 and faces up to 5 years in prison.

In the other cases, James Clark, 38, of Massachusetts pleaded guilty to making an online threat to the Arizona secretary of state's elections office in February 2021. He has not yet been sentenced.

Frederick Francis Goltz, 52, of Texas was sentenced to more than 3 years in prison after pleading guilty to making threats targeting Republican officials, Maricopa County Recorder Stephen Richer, Maricopa County Attorney's Office Civil Division Chief Tom Liddy and poll workers.

For subscribers: Maricopa County Republicans want party to run its presidential preference election

Walter Lee Hoornstra, 50, of Missouri was indicted last year and accused of threatening Richer, apparently in response to the false claim that election officials deleted electronic databases, that "your ass will never make it to your next little board meeting." That case, which is being prosecuted in Missouri, appears headed toward trial.

And Monday, Mark Rissi of Iowa was sentenced to 2 1/2 years in prison for threats to Republican County Supervisor Clint Hickman and former Arizona Attorney General Mark Brnovich, also a Republican. Rissi left a voicemail on Sept. 27, 2021, saying that he and others were going to "lynch" Hickman for "lying" about the 2020 election results, court documents show.

"We’re going to hang you. We’re going to hang you," Rissi threatened, according to prosecutors.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

This article originally appeared on Arizona Republic: 5 DOJ election threat cases involved Arizona officials. What to know