"White Supremacist Leader Sentenced to 44 Months in Prison for Conspiring to Make Death Threats Against Brooklyn Journalist"

The Justice Department reported yesterday:

Earlier today, at the federal courthouse in Brooklyn, Nicholas Welker, also known as "King ov Wrath," was sentenced by United States District Judge Pamela K. Chen to 44 months' imprisonment for conspiring to make death threats. Welker, the leader of Feuerkrieg Division ("FKD"), an international racially or ethnically motivated violent extremist ("RMVE") group, which translates to "War Fire," posted death threats against a Brooklyn-based journalist (the "Journalist") so that the Journalist would stop reporting on the Neo-Nazi group….

According to court filings, Welker's threat included a photograph of the Journalist with a gun aimed at his head and the words "Race Traitor" over the Journalist's eyes. The threat stated, "JOURNALIST F[***] OFF! YOU HAVE BEEN WARNED." The threat listed the Journalist and his employer by name. Welker posted the threat to a public online forum. Two under-aged FKD members tweeted the death threat directly at the Journalist's social media handle so that he would see it. Welker intended to frighten the Journalist into dropping his reporting on Welker's hate group.

FKD members share a common goal of challenging laws, social order, and the government via terrorism and other violent acts. The organization encourages attacks on racial minorities, the Jewish community, the LGBTQ+ community, the U.S. Government, journalists, and critical infrastructure. FKD has members in the United States and abroad.

UPDATE: Here's the threat, from the government's Sentencing Memorandum (thanks to commenter John F. Carr for the link); the redactions are the government's:

Comments

[John F. Carr]

Quoting the government's sentencing memorandum:

The defendant’s advisory sentencing range under the United States Sentencing Guidelines (“U.S.S.G” or “Guidelines”) is 30 to 37 months’ imprisonment. The defendant stipulated to this Guidelines calculation in a written plea agreement with the government. The government advised the defendant, both in the written plea agreement and at the plea hearing, that the government may seek an above-Guidelines sentence. As detailed herein, the Guidelines range does not adequately address (1) the seriousness of the defendant’s conduct—including that the crime was motivated by the desire to stop the victim from reporting on the defendant and his group’s hatred of and violence against racial and ethnic minority groups; (2) the defendant’s flagrant disregard for the law and potential danger to the community; and (3) the need for both specific and general deterrence. See 18 U.S.C. §§ 3553(a)(1), (a)(2)(A)-(C). Accordingly, the government respectfully recommends an above-Guidelines sentence of 46 months’ imprisonment.

The defendant is in criminal history category IV or V on a scale of I to VI, meaning he has a significant record.

[Dr. Ed 2]

"The government advised the defendant, both in the written plea agreement and at the plea hearing, that the government may seek an above-Guidelines sentence"

Why would one agree to a plea "deal" without a specification as to what the sentence will be?

And the macabre side of me has to ask what would be the penalty (and likelihood of conviction) for actual violence as opposed to threatened violence? The one thing he will learn in prison is not to leave evidence around like he did...

People get shot in Brooklyn, just like they do in DC. Anyone remember Seth Rich???

[Estragon]

“Anyone remember Seth Rich???”

You mean the guy killed by the Clintons?

[John F. Carr]

If the defendant goes to trial and loses he gets a year or more added onto his sentence.

The rules of criminal procedure allow for guilty pleas with or without guarantees of sentences. Both kinds are used. The judge has to approve any deal with a guaranteed sentence. The plea agreement in this case probably allows the defendant to appeal any sentence over 37 months.

[Noscitur a sociis]

The plea agreement in this case probably allows the defendant to appeal any sentence over 37 months.

“Probably”, you say?

[David Nieporent]

Why would one agree to a plea “deal” without a specification as to what the sentence will be?

In federal court there's no such thing. One can agree on a sentencing recommendation by DOJ, but not what the sentence will be; the latter is entirely up to the judge. (Well, within the constraints of other laws, of course. But unconstrained by any sort of deal.)

[Noscitur a sociis]

Fed R. Crim P. 11(c)(1)(C) does authorize an agreement that binds the judge to a specific sentence or range. In my experience they’re not common outside of immigration cases, but as with a lot of these things I imagine it varies quite a bit between districts.

[David Nieporent]

11(c)(1)(C) does not allow the prosecutor/defendant to bind the judge; the judge is free to accept or reject the agreement. The judge can't both accept it and sentence how he wants, but he can reject it.

[Bored Lawyer]

A lot of federal judges flat out won't do those.

[#FFFFFFPride]

Probably less significant than those illegals they keep releasing.

What a bizarro world we live in where a murderer and childrapist will go free or have no bond if he is black or brown or illegal but a White male citizen gets hundreds of millions in absurd fines or "above Guidelines" sentencing

[Sarcastr0]

If you were actually as whitely oppressed as you pretend, you'd get our of this awful country and move to a white paradise like Russia.

[David Nieporent]

I guess we know FFFFFFPride's real name, now.

[Michael P]

They sound like a Nazi version of Antifa that almost nobody has heard of.

[Dr. Ed 2]

Exactly, and why is Meritless Garland going after them AND
NOT ANTIFA?!?

I am not justifying what this schmuck allegedly did, my question is how is it worse than what the other side is doing on a routine basis?

And when the DOJ clearly picks sides, a Meritless clearly has done, well that is a good part of what led to the American Revolution. The concept of "rule of law" becomes a joke, and perps such as this then become martyrs.

Meritless Garland needs to learn from history -- the fate of his own department in the early 1970s, only a little more than 50 years ago. He should look at why truly-guilty people who had blown up post offices and such got away with it, how his department's misconduct cost it convictions.

And we are SO lucky for the partisan politics that kept him off SCOTUS....

[loki13]

A few points for the future-

"I am not justifying what this schmuck allegedly did"

After a person has either been convicted by a jury, or pled, and been sentenced, it is no longer "allegedly."

"y question is how is it worse than what the other side is doing on a routine basis?"

A common issue in threads for people that have nothing better to do is to take a simple fact pattern and use it to make some point about "the other side." Which is the worst type of argument, because it justifies, literally, anything.

I've mentioned this in the past. But the problem with this is that anything, quite literally anything, that you can imagine "the other side" doing, you can then use to justify your own actions, or excuse the actions of someone. And that's not good!

For example, "Yeah, I know that this guy is a terrible person who molested and then ate at least 50 children. But why is he being prosecuted, when THE OTHER SIDE does so many worse things?"

We should be able to properly criticize those who are actual criminals, regardless of "side." Whether they are Brooklyn Nazis, or environmentalists blowing up pipelines. Once you view everything as a "side," you are just as useful as a diehard Red Sox fan talking about the Yankees.

[Dr. Ed 2]

"After a person has either been convicted by a jury, or pled, and been sentenced, it is no longer “allegedly.”"

It is when one wants to quietly comment on the fairness and legitimacy of a proceeding where the defendant accepted a plea "bargain" with a harsher sentence than he would have received at trial.

"But the problem with this is that anything, quite literally anything, that you can imagine “the other side” doing, you can then use to justify your own actions, or excuse the actions of someone."

You can't be that stupid -- were you in a coma during all of 2020? Did you see Obama brought up on all kinds of totally bullshyte charges? Or either Clinton? Or the Clinton Foundation, which ought to have been....

Take American Academa, do we have hundreds of JEWISH students chanting "Kill all Moslems" or cute variants thereof?

You remind me of those who defended Bull Connor because he would also occasionally arrest a White perp.

For example, “Yeah, I know that this guy is a terrible person who molested and then ate at least 50 children. But why is he being prosecuted, when THE OTHER SIDE does so many worse things?”

I actually SAID that with in the 1980s when they were prosecuting the Boy Scout leaders while ignoring the Catholic Priests -- but my point was that the Priests ought to have been prosecuted as well.

Let me clarify: I argue that the Leftists ought to be prosecuted AS WELL and with equal vigor...

We should be able to properly criticize those who are actual criminals, regardless of “side.”

But we don't. My point is that the government ignores one side.

Whether they are Brooklyn Nazis, or environmentalists blowing up pipelines.

How about erecting structures across railroad tracks so as to block trains carrying coal to a (peak) power plant? That should rate something more than a $100 state trespass fine. Yet I don't see Meritless Garland prosecuting them...

"Once you view everything as a “side,” you are just as useful as a diehard Red Sox fan talking about the Yankees.

Or a Jim Crow Southerner talking about Civil Rights....

[Noscitur a sociis]

It is when one wants to quietly comment on the fairness and legitimacy of a proceeding where the defendant accepted a plea “bargain” with a harsher sentence than he would have received at trial.

What, pray tell, the fuck are you talking about?

[Balisane]

Don't call him Garland. Call him Garfinkel. That's his real name.

[Sarcastr0]

What new antisemetic conspiracy is this fuckery?

Incredible how often this shit pops up in defense of Trump, given the left are where all the antisemites are, eh?

[Dr. Ed 2]

The fact it winds up as a Jewish name does not mean that it originated there.

It's quite clear that the intent was to insert the word "fink" into Garland and make it somehow pronounceable, with "el" being a common, racially-neutral ending of many last names.

It's the "finkel" that becomes Jewish, Germanic Jewish I believe, and I would recommend not doing the former because gaslighters such as yourself would do the latter, as you did.

[Noscitur a sociis]

It’s quite clear that the intent was to insert the word “fink” into Garland and make it somehow pronounceable, with “el” being a common, racially-neutral ending of many last names.

It’s conceivable (barely) that you’re dumb enough to think that, but Balisane surely isn’t.

Garland’s (Jewish) family changed their name from Garfinkel after immigrating to the US. It’s difficult to imagine a non-antisemitic for pointing that fact out, but perhaps Balvinie will enlighten us.

[Rev. Arthur L. Kirkland]

.

Don’t call him Garland. Call him Garfinkel. That’s his real name.

What should we call this guy who claims his name is Eugene Volokh, clinger?

[David Nieporent]

Exactly, and why is Meritless Garland going after them AND NOT ANTIFA?!?

1) Why does Janitor Ed think the U.S. Attorney General is going after a local criminal?
2) Antifa is not a person or entity, so one can't "go after" it.
3) To the extent Janitor Ed was incompetently trying to ask about the prosecution of individual people on the left, why does he think that isn't being done?

I am not justifying what this schmuck allegedly did,

Narrator: in fact, he was (attempting to) justify what this schmuck admittedly did.

my question is how is it worse than what the other side is doing on a routine basis?

What "other side," what "is doing," and what "routine basis"?

[Sarcastr0]

Antifa is a brand some idiots like to invoke.

Feuerkrieg Division is a part of <a href="https://en.wikipedia.org/wiki/Atomwaffen_Division#Baltic_states_(Feuerkrieg_Division), whose existence as an organization has been established by:
-Actual websites
-Chat Logs
-Convictions of members for training, recruiting, arming the group. (some former US military)
-A coherent ideology
-Identified leaders

This is what a terrorist organization actually looks like.

Antifa is just something you invoke so you can ignore how the right is where all the white supremacists end up.

The right wing is moving from anti-Dem reactionary to imaginary anti-Dem reactionary, as they spend more and more time crying about how corrupt our institutions are for not going after shit they've made up.

[Jerry B.]

Anti-fascist threat to Portland Mayor.

https://apnews.com/article/portland-government-and-politics-e0a958f49114f900737bdf921f177ee5

Other death threats.

https://www.washingtonexaminer.com/news/545766/journalist-andy-ngo-says-he-fled-portland-after-death-threats-from-antifa/

[Sarcastr0]

-Actual websites
-Chat Logs
-Convictions of members for training, recruiting, arming the group. (some former US military)
-A coherent ideology
-Identified leaders

You have provided evidence that Antifa is a brand. Way to go, no one denies that.

[Dr. Ed 2]

All you prove, Gaslighto, is lousy operational security.

The thing you need to remember is that the operation now calling itself Antifa was initially set up by the KGB 40-50 years ago *with* operational security and cutouts and the rest.

The KGB's influence in American education came out in the '90s except Bill Clinton classified it so we don't have the details. But that's what we're dealing with.

And a "coherent ideology" ought to make you suspicious if you think about it for a minute. Has any organic organization EVER had a coherent ideology?

[Noscitur a sociis]

The thing you need to remember is that the operation now calling itself Antifa was initially set up by the KGB 40-50 years ago *with* operational security and cutouts and the rest.

This fucking guy…

[Stephen Lathrop]

When an, "operation," now calls itself Antifa, what officer of the, "operation," does it? Who does the press release come from? My acquaintance with the appellation, "Antifa," seems empty of any example of self-descriptions of that sort, but overflows with attributions of that term by would-be opponents.

[Sarcastr0]

Textbook the lack of evidence only shows how much deeper the conspiracy is.

[David Nieporent]

The thing you need to remember is that the operation now calling itself Antifa was initially set up by the KGB 40-50 years ago *with* operational security and cutouts and the rest.

Why one would "need to remember" something that you made up roughly (according to the timestamp) 2 hours ago?

[Michael P]

The KGB didn’t exist until the 1950s but he’s otherwise not far wrong.

Antifa was formed in the 1930s as a communist front group to take violent action against “fascism” in a very broad sense, including what people today call “late stage capitalism” (like landlords evicting deadbeat tenants). The hardcore commies tried to brand it as a broader movement, enlisting useful idiots to help fight in a movement that was still controlled and directed by commies, so that the KPD could get more political influence.

90 years later, hardly anything has changed about Antifa. Between then and now, other commies have started similar groups, including some organized and directed by the Soviet Union.

[#FFFFFFPride]

Good ol’ Gaslightr0 in here in Official Narrative Protector capacity.

Do you get a stipend from CISA for helping them manage and protect our National Cognitive Infrastructure or do you do it just because you’re a faithful servant to the State?

I still can't get over the other day where he was asserting that if you believe humans get together, organize, and try to make change that you're some whackadoodle conspiracy nutter.

[Sarcastr0]

Yes, I am arguing that humans never organize, when I say there is no evidence they’ve organized in this case.

Low quality, high-volume. You and RAK deserve one another; no one else deserves either of you.

[#FFFFFFPride]

At what stage of brain development is it when you understand that things exist even if you don't see them? I think Paiget called it "object permanence"...

Usually around 2 years of age, IIRC.

[Nige]

At what stage did you become convinced that everything you think of that can't be seen must be real?

[Rev. Arthur L. Kirkland]

.

They sound like a Nazi version of Antifa that almost nobody has heard of.

They sound like a group of the Volokh Conspirators' pro bono clients.

[#FFFFFFPride]

Man you cry so much. Is there anyway I can help ease some of your suffering and pain?

[Rev. Arthur L. Kirkland]

You mistake mocking misfits and calling a bigot a bigot for weeping.

How often do the clingers at the Volokh Conspiracy get through a day without whining about at least a half-dozen things? All these right-wingers do is complain that conservatives don't get hired enough, don't get respected enough, don't get their bigotry overlooked enough, etc.

[#FFFFFFPride]

Well, to be blunt, if you’re in a thread there isn’t a day that goes by without seeing your cry and whinge like a little bitch.

I’m starting to feel sorry for you, hence the outreach. How can I ease your anguish? Should I earmark a donation in your honor to PP for some black abortion? Would that make you feel better and like a culture war winner?

[Jerry B.]

"JOURNALIST F[***] OFF! YOU HAVE BEEN WARNED."

That's a death threat?

[Dr. Ed 2]

It is when the DoJ has taken sides....

[bernard11]

Are you guys insane?

Welker's threat included a photograph of the Journalist with a gun aimed at his head and the words "Race Traitor" over the Journalist's eyes. The threat stated, "JOURNALIST F[***] OFF! YOU HAVE BEEN WARNED." The threat listed the Journalist and his employer by name.

[Balisane]

And if the defendant had done that to Trump, and was a black BLM leader, you'd say it was protected speech. You're a fucking partisan hack.

[Sarcastr0]

Counterfactual hypotheticals say a lot about you and nothing about the real world.

Calling someone who quoted the case a hack, is also pretty impressive.

Are you 'rampant member' guy returned after his recent ban?

[Dr. Ed 2]

Alright Gaslighto, specific examples:

1: Holding up a realistic version of the person's head, dripping with apparent blood. (Cathy Griffin)

2: Saying "I want to blow up the White House" (Hanoi Jane?)

3: The physical attacks on Andy Ngo -- far worse than mere threats.

[#FFFFFFPride]

Gaslightr0 will next tell you none of those things happened.

[Sarcastr0]

You’ve gotten so one note and boring.

Look at how innovated Ed is - that's how you do shitposting.

[#FFFFFFPride]

Can you please send me your post guidelines and rules, so I can follow them and thus get your approval?

That would be great!

[Sarcastr0]

1. Not a threat; not a realistic version of someone’s head either.

2. I don’t know what you’re talking about, but not a true threat as written.

3. Was there even a suspect in this?

[David Nieporent]

And of course Griffin was investigated by the Secret Service as a result of her tweet.

[John F. Carr]

The image is reproduced on page 3 of the government's sentencing memorandum, docket entry 36 at https://www.courtlistener.com/docket/67115115/united-states-v-welker/

[Roger S]

Is it known whether the journalist really was a Race Traitor? Why was this accusation made?

[Sarcastr0]

There is no such thing as a race traitor.

It's shitty when people invoke that against Clarence Thomas, and it's shitty when you do it too.

[Roger S]

So this guy is going to prison for using a nonsense phrase?

[Sarcastr0]

That's not all he said.

If he only said race traitor I don't think that's a threat, that's just wankery.

[Michael P]

Combined with the image described, I think it’s fairly construed as a true threat.

(Meant as a reply to Jerry B.)

[Jerry B.]

Yeah. Some people just can't take a joke.

[MatthewSlyfield]

Telling someone to "fuck off" accompanied by a phot of that specific person with a gun to their head is not a fucking joke. Any rational person would take that as a genuine threat.

[John F. Carr]

I wouldn't consider it a genuine threat without some reason to believe it would be carried out. The government's sentencing memorandum mentions "nine convictions, including two violations of a protective order, one assault, and one battery." For me, that's enough to take it out of the category of "harmless guy blowing off steam."

[Nige]

Do you make death threats to blow off steam?

[Artifex]

There are other red flags as well. The group seems to be international as well and headed by a 13 year old Estonian. If you are a violent 33 year old man joining antisemitic groups run by 13 year old boys, Jews are probably the least of your worries. Hope the dude finds help.

I do find their "hate list" amusing:

“In one place, the Commander FKD formulates an official list of enemies in order of importance: 1) police officers, politicians, racial traitors, 2) Jews, 3) libertarians, 4) conservatives, 5) communists, 6) liberals, 7) furries, 8) Negroes, 9) gays, 10) transgenders.”

Of course this list was edited a bit by the usual suspects in the mainstream media to make it more palatable to the desired narrative.

[Sarcastr0]

Are you saying FKD is a hoax?

Amazing how the freedom loving peaceful right keeps having it's adherents apologize for racist and violent groups.

[Artifex]

Are you an abject idiot ?

I quote an enemies list formulated by the kid that started FKD and your question is if am I claiming FKD is a hoax ? The child seems real enough that the Estonians claim to be keeping an eye on him.

On the bright side, while I would be in the 3rd set of people he would line up against the wall and shoot, you are more fortunate. He appears to bare no special animus towards morons and does not list them as a hated group.

[Frank Drackman]

I hate Brooklyn Nazis

[#FFFFFFPride]

If they dug some tunnels and sacrificed amd molested children in them on dirty mattresses, would you love them then?

[Artifex]

Hmmm, "... conspiring to make death threats"

Conspired ? The guy actually made death threats. "Conspired" makes me think this guy maybe has a secret clubhouse in his basement where he, a couple of of his mentally retarded friends and 10 FBI agents are meeting.

[MatthewSlyfield]

The guy posted the threat, but he had minions actually re post it in a way that the target would actually see it. I'd say conspiracy legitimately applies here.

[Artifex]

So honest question ...

If you have the guy for the crime itself, why would you tack on conspiracy ? As a non-lawyer, I had assumed it was always used in case the actual charge fell apart that you could get them for talking about it. Is it used here as a sentence enhancer ?

[Sarcastr0]

Read what MS said. If it’s a threat the victim didn’t see, that’s not gonna play in court.

The right's recent attempts to delegitimize inchoate crimes is quite a trip.

[Dr. Ed 2]

"If it’s a threat the victim didn’t see, that’s not gonna play in court."

Really?
That's asinine.
The crime ought to be what you did, not who got upset about it.

[John F. Carr]

Quoting the prosecution's sentencing memo:

In or about August 2021, the Brooklyn Journalist learned of the August 2021 Threat made against him by members of FKD. In an internal email at News Media Company-1, Victim-1 stated, “FYI. I’m now getting explicit death threats from the terror group FKD online.”

[John F. Carr]

He was charged with conspiracy and the substantive offense. The second count was dropped as part of the plea deal. Based on my understanding of the sentencing guidelines this wouldn't affect the sentence.

[Artifex]

I think I am still missing a concept here. I get that he was charged with both conspiracy and the actual offence. I suspect I don't understand conspiracy. The argument seems to be that by involving others it becomes conspiracy. In the modern world, this would seem to be almost always the case. He gets charged with conspiracy because he had the others make the post. If you post to X or Facebook, you are not making the post. Facebook and X are. Is this also conspiracy ?

It also seems utterly weird to drop the substantive crime. If you don't have a substantive crime how do you have conspiracy to commit it ?

[Noscitur a sociis]

The crime of conspiracy is an agreement between two or more people to commit a crime. It’s complete as soon as the agreement is made and an overt act is undertaken in furtherance of the agreement (sometimes; most federal conspiracy laws just require the agreement itself), regardless of whether the crime is actually committed or not. But it does require an agreement, not merely using someone else to unknowingly facilitate the crime.

[John F. Carr]

Criminal intent is required to have a conspiracy. Two parties must agree to work together to break the law. Facebook has no agreement with you to break the law.

Conspiracies can fail. Trump is accused of conspiring to have the electoral vote miscounted. (Count 4 in the D.C. indictment, "conspiracy against rights".) The Special Counsel need not prove that Trump succeeded. We all know that Trump did not succeed. It is enough that Trump, or somebody whose conduct Trump is responsible for, had an agreement with another person to have fake electoral votes counted or legitimate votes not counted. Conspiracy is akin to attempt except there is more than one person involved.

[Frank Drackman]

So he's a White Supremercist?!! How many Death Threats have bene made by Non-White Supremercists!?!?!?!?

[#FFFFFFPride]

Well those don't count. Just like one can't be racist against White people, by definition, one also can't male death threats or commit genocide against White people either.

Your just a conspiracy theorist who ignores The Science if you think otherwise.

[jdgalt1]

I would like to hear just what makes this a "true" threat and prosecutable. What actual violence has this group done to anybody? Or is the whole case nothing but an entrapment scam like the Whitmer kidnapping plot?