Apparent Neo-Nazi Pleads Guilty to Trying to Burn Down Church That Was Hosting Drag Queen Story Hour

From a Justice Department press release dated Oct. 24, but just posted on Westlaw a few days ago:

An Ohio man pleaded guilty yesterday to violating the Church Arson Prevention Act and to using fire and explosives to commit a felony, all in connection with his attempt to burn down a church because of the church's support for the LGBTQI+ community.

According to court documents, on March 25, Aimenn D. Penny, 20, of Alliance, made Molotov cocktails and drove to the Community Church of Chesterland (CCC), in Chesterland, Ohio.

Angered by the church's plan to host two drag events the following weekend, Penny threw two Molotov cocktails at the church, hoping to burn it to the ground. Through Penny's guilty plea, he admitted to using force through fire and explosives, intending to obstruct CCC congregants in their enjoyment and expression of their religious beliefs….

From an FBI agent's affidavit:

Based on my training and experience White Lives Matter is a group with racist, pro-Nazi, and homophobic views. At a March 11, 2023, drag queen event in Wadsworth, Ohio, members of White Lives Matter "showed up at the event carrying swastika flags and shouting racial and homophobic slurs and 'Heil Hitler.'"

The Wadsworth Police Department identified PENNY as an individual who travelled to Wadsworth in advance of the March 11, 2023, drag queen story hour to distribute propaganda flyers representing White Lives Matter, Ohio's anti-drag queen views. PENNY then attended the drag queen story hour event on March 11, 2023, and was identified by Wadsworth Police as a protester with White Lives Matter….

The search of PENNY's residence revealed among other things, a hand-written manifesto that contained ideological statements, a Nazi flag, Nazi memorabilia, a White Lives Matter of Ohio t-shirt, a gas mask, multiple rolls of blue painters tape, and gas cans.

Comments

[ReaderY]

What’s the basis for federal jurisdiction? Not even a mention of a gift shop that sells interstate commercial goods.

[Martinned]

Not to mention that there's apparently an Act specifically for arson of churches?

Apparently this was motivated by concern for black churches. But still, are they citing the right amendment here?

(6) Congress has authority, pursuant to section 2 of the 13th amendment to the Constitution, to make actions of private citizens motivated by race, color, or ethnicity that interfere with the ability of citizens to hold or use religious property without fear of attack, violations of Federal criminal law.

https://www.govinfo.gov/content/pkg/PLAW-104publ155/pdf/PLAW-104publ155.pdf

[Magister]

That should probably be 14th amendment, equal protection of the laws enforced by appropriate legislation. Ample reasons not to leave states alone to enforce civil rights.

[David Nieporent]

But still, are they citing the right amendment here?

Google "badges and incidents."

[ReaderY]

Drag queens were enslaved? It’s no relationship to slavery.

[TwelveInchPianist]

Yup. It’s the “we don’t need no steenking badges and incidents” clause of the thirteenth amendment.

[Biastians]

Badges and incidents only cover those motivated by race, color or ethnicity. Anything else requires a nexus to interstate commerce. See 18 USC 247.

[ReaderY]

Even assuming that anything and everything that has anything to do with “race, color, or ethnicity” somehow has something to do with slavery, what does this have to do with race, color, or ethnicity?

[myself]

It's a hate crime.

The US Federal Government gave itself jurisdiction to prosecute crimes with a hate-based element because the confederate states had a habit of ignoring them.

[fafalone]

Even without that, under Wickard and Raich, the bottle the molotov was in *might* have been made in another state, and if it wasn't, well, he might have bought a bottle that was, therefore impacting the interstate bottle market. And that's enough.

[Brett Bellmore]

That's not a constitutional ground for the law, just a motive for enacting it.

[damikesc]

I also do not buy an FBI's agent word alone. He/she needs to provide some evidence.

[myself]

Ok,

The search of PENNY's residence revealed among other things, a hand-written manifesto that contained ideological statements, a Nazi flag, Nazi memorabilia, a White Lives Matter of Ohio t-shirt, a gas mask, multiple rolls of blue painters tape, and gas cans.

Your next objection?

[Magister]

Wadsworth Police Department as well, and whatever community partners the press release alludes to, and his guilty plea.

[Dr. Ed 2]

Sounds like your average sketchy landscaper to me.
Multiple gas cans for multiple mixes -- 50:1, 40:1, 32:1 for the equipment, gas mask and painter's tape because he may have to remove grafitti with BIN (which needs a mask), etc.

[WuzYoungOnceToo]

multiple rolls of blue painters tape, and gas cans

Uh, oh. I have both of those things in a storage shed. I just hope they don't find the 17-gallon container of diesel I keep in the barn for my tractor.

[not guilty]

"I also do not buy an FBI’s agent word alone. He/she needs to provide some evidence."

Well, there's the defendant's plea of guilty, which admits commission of the charged offense.

[SRG2]

Ah but when it's one of "our boys" pleading guilty, it's due to over-charging DAs, and they're really just high-spirited freedom-loving 'Murkins and not criminals at all (see also 1/6 rioters).

[mydisplayname]

🙂 Hmmm... in my house, I have, among other things, hand-written ideological statements (not sure if they rise to the level of a manifesto, whatever that is), a Nazi flag, Nazi memorabilia (including artwork drawn and signed by Hitler himself), a gas mask, multiple rolls of blue painters tape, and gas cans. While I'm lacking that White Lives Matter of Ohio t-shirt, I'm pretty sure I'm not an NSDAP supporter.

Hopefully, no judge was swayed by that "evidence."

[Estragon]

“in my house, I have, among other things, hand-written ideological statements (not sure if they rise to the level of a manifesto, whatever that is), a Nazi flag, Nazi memorabilia (including artwork drawn and signed by Hitler himself)”

Harlan is that you???? How’s Clarence’s mom doing? Still paying rent on time?

[minnix]

Sounds like they were more swayed by Penny saying he did it than anything lmao

[Estragon]

[The Margrave of Azilia]

There ought to be a law declaring arson or attempted arson, in and of themselves, to be crimes.

If someone tries to burn down a place of worship (whether a Baptist church or an Ethical Culture hall), then I would hardly call it a "love crime." So why single out only specific cases of arson as "hate crimes"?

[Brett Bellmore]

Some animals are more equal than others, didn't you know that?

[Nige]

The ones that think so are usually doing the hate crimes.

[Michael Ejercito]

The argument is that it constitutes an aggravating factor.

[M L]

99 unknown co-conspirators could not be reached for comment.