Federal Prosecution for Spray-Painting "Hamas Is Comin" on Monument in D.C.

From the government's supporting affidavit in U.S. v. Mahdawi (D.D.C.); Mahdawi's actions were part of a broader demonstration at which some "individuals … pulled down flags affixed to the flagpoles; burned flags and objects; interfered with law enforcement's ability to place individuals under arrest; and sprayed graffiti on multiple statutes and structures," causing total cleanup costs of $11K:

On July 24, 2024, between approximately 3:30 p.m. and 3:45 p.m., an individual later identified as ZAID MOHAMMAD MAHDAWI climbed the monument located in the center of Columbus Circle ….

After climbing to a ledge, MAHDAWI began to spray paint the monument…. MAHDAWI spray painted "HAMAS IS COMIN" across a side of the Columbus monument…. After completing the phrase, MAHDAWI spray-painted an inverted red triangle above the slogan.

Based on the foregoing, your affiant submits there is probable cause to believe that MAHDAWI violated 18 U.S.C. § 1361 by willfully injuring or depredating any property of the United States in an amount less than $1,000….

See also the government's press release.

Comments

[John F. Carr]

A misdemeanor. The rest of us commit three felonies a day and this guy only managed a misdemeanor.

[Dr. Ed 2]

I'd like to see them clean that off for less than $1000 -- first your labor is all overtime because people have regular work to do, likewise with the police detail because it is adjacent to traffic and you're over that on labor alone.

But, unlike Jan 6th, they are only prosecuting one person and not all of them.

[Krayt]

Hoorah! Dictator-kleptocrats are comin! Their ability to kill their political enemies is not in doubt.

[CJColucci]

No, we don't. Unless you live a very different life from most of us.

[Dr. Ed 2]

Read Harvey's book and you might think differently.

[CJColucci]

Have you read it? What are all these felonies that ordinary Americans (who aren't tax cheats, insider traders, or drug users) are at any real risk of committing? The federal statutes are full of highly specialized crimes that only small sub-sections of the population would even be in a position to commit. For the more general-purpose crimes, you pretty much have to be a criminal as that is ordinarily understood to commit them -- and most of us aren't. You can't blunder into them.

[Brett Bellmore]

Oh, you mean you're careful about paying state income tax if you take a phone call from work while visiting another state, for instance? You never pick up pretty rocks in national parks? When you return from a road trip, you're careful to pay that state sales tax on the unopened bag of chips you bought the next state over?

And God forbid you pick up shed feathers without making sure they're not from eagles.

[John F. Carr]

A feather from any native bird species can get you a misdemeanor charge under the Migratory Bird Treaty Act instead of the Bald and Golden Eagle Protection Act. 16 USC 703(a), 707(a). The law does not distinguish between killing a bird and taking a feather from a bird.

When you are in a national park, do you keep 25 yards away from all ants, butterflies, gnats, spiders, nematodes, and other wildlife, living or dead? ("Wildlife means any member of the animal kingdom and includes a part, product, egg or offspring thereof, or the dead body or part thereof, except fish." 36 CFR 1.4(a).)

[Carl_N_Brown]

Locally a woman was prosecuted for picking up eagle feathers that had fallen from molting birds and landed on the walking trail by Holston River. She was not taking feathers from birds; she was salvaging abandoned property, and still she was treated as a felon.

[windycityattorney]

I thought all crimes committed in DC are 'federal' crimes requiring federal prosecution. Because its federal territory. Kinda like someone getting caught with a bag of weed in a national forest or on a military base or something?

[Dr. Ed 2]

Read the DC Self Government Act -- Congress (mistakenly) ceeded a lot of power to the DC government. I think (emphasis "think") that this particular monument and/or the land it is on is Federal property. While in DC, Joe's Barber Shop isn't.

[not guilty]

The District of Columbia has its own local court system which deals with violations on the D.C. Code. The highest court in that system is the District of Columbia Court of Appeals.

Federal crimes occurring in D.C. are prosecuted in U. S. District Court. Appeals go to the U. S. Court of Appeals, D.C. Circuit.

The United States Attorney's office staffs prosecutions in both court systems, so they are all federal prosecutions, albeit in separate court systems.

[dunlop212]

Charged as a misdemeanor to avoid a jury trial?

[John F. Carr]

No. The maximum sentence is over six months and the defendant is entitled to trial by jury.

For a first offense I think a fine and restitution but no jail time would be appropriate. This defendant is charged only with spraying graffiti. The affidavit does mention two recent arrests which might justify harsher punishment if they turn into convictions.

[John F. Carr]

According to the affidavit in support of a complaint "The flags pulled down from the flag poles, and the statutes and structures in Columbus Circle, are all property of the federal government."

Also from the affidavit:

From approximately 2:59 p.m. until 5:00 p.m., individuals in Columbus Circle pulled down flags affixed to the flagpoles; burned flags and objects; interfered with law enforcement’s ability to place individuals under arrest; and sprayed graffiti on multiple statutes and structures.

This sounds like interference with law enforcement during a civil disorder, one of the January 6 charges. It is not clear from the document whether anybody has been so charged. There is not as far as I know a team of "insurrection hunters" combing the internet for clues. Mahdawi, the accused vandal, was turned in by a member of the same gym and a cop who knew him socially.

[Commenter_XY]

There was probably some obstruction going on as well. I am shocked that an enterprising young attorney isn't trying out a novel application of several laws before the Court. We have certainly seen federal prosecutors get 'creative' with legal interpretation.

It is not like that ever happened before.....never in DC.

[jimc5499]

"This sounds like interference with law enforcement during a civil disorder"

That sounds like 2020 in multiple places. Surprising how it is only applied to those on Jan. 6th.

[ObviouslyNotSpam]

There were no BLM riot prosecutions, apparently...

[bacchys]

These MAGAts think they're ignorance is the same as evidence.

[Carl_N_Brown]

Keep typing “they’re” for “their” there and you’ll be facing worse than MAGAts, you’ll be facing grammar nazis.

[Sarcastr0]

Holy shit people, this is absolutely a federal crime but it's not breaching the Capitol hunting Congresspeople.

And just because you think the elements of a crime fit doesn't mean a prosecutor think that's a worthwhile lift.

Until Dems do anything like January 06, there will be no double standards to point out.

Just indulging your persecution fetish and defending awful people, fooled by an awful man, and an attack on one of the core and exceptional functions of democracy.

[Kleppe]

"Until Dems do anything like January 06, there will be no double standards to point out."

The entire summer of 2020 would like a word.

[Sarcastr0]

That is not analogous. And plenty of people were charged with crimes and put in jail.

I know the right wing mythopea likes to say no one was charged or whatever, but feel free to look it up.

[Brett Bellmore]

It's not going to be remotely analogous until Democrats break into the Capitol while the EC votes are being counted think they're helping a Republican candidate. And the guy with horns on his head better not have goat horns, or you'll be able to distinguish it.

[Sarcastr0]

2020 was not analogous.

The future is unwritten.

Your writing my future reaction for me is, as is usual with your telepathy and your long term predictions, more about you than it is about me.

[Brett Bellmore]

Of course 2020 was analogous, once you set aside the greater scale of the BLM/Antifa riots.

Of course you can distinguish anything if you're so inclined. And you are desperately so inclined. But those riots involved determined efforts to burn down government buildings while they were occupied, which by any sane scale makes them worse than January 6th, not less serious.

[bacchys]

What "BLM/Antifa riots"? Let's see your evidence either was responsible for any rioting.

[Brett Bellmore]

As they say, denial ain’t just a river in Egypt.

Protesters march in Washington, D.C. Saturday

[bacchys]

In what way?

[The Margrave of Azilia]

I suppose that in the eyes of the law, illegally spray-painting "Hamas is comin[g]" is equivalent to illegally spray-painting "can't we all just get along?"

[vaadu]

Would a DC jury convict? They refused to convict a crack smoking mayor.