The Volokh Conspiracy
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"Climate Activist Found Guilty in Defacing Degas Exhibit at National Gallery of Art"
From Tuesday's Justice Department press release:
Timothy Martin, 55, of Raleigh, North Carolina, was found guilty by a federal jury for his role in the April 27, 2023, defacement of an art exhibit at the National Gallery of Art in Washington, D.C.
The verdict was announced by U.S. Attorney Edward R. Martin, Jr., and Special Agent in Charge Sean Ryan of the FBI Washington Field Office Criminal and Cyber Division.
President Trump directed federal authorities in a March 2025 Executive Order to Make D.C. Safe and Beautiful by launching a multi-faceted initiative to address both crime and beautification. This includes the creation of the D.C. Safe and Beautiful Task Force to coordinate law enforcement efforts, and a program to restore and enhance the city's public spaces.
"This verdict sends a strong message to the thousands of people who come to D.C. each year to demonstrate and be heard," said U.S Attorney Martin. "Free speech is a constitutional right. But when you take illegal action, such as causing damage to an art exhibit at the National Gallery, you are crossing a line. We want to Make D.C. Safe and Beautiful Again, and we will not tolerate anyone defacing our city to get attention for their cause."
After a four-day trial, the jury, yesterday, found Martin guilty of conspiracy to commit an offense against the United States and injury to a National Gallery of Art exhibit. U.S. District Judge Amy Berman Jackson scheduled sentencing for August 22, 2025.
According to evidence introduced in court, Martin and co-defendant Johanna Smith, 54, of Brooklyn, NY, smeared paint on the case and base of Edgar Degas' Little Dancer, Age Fourteen, a sculpture which has drawn visitors for years to the National Gallery of Art in Washington, D.C. Following the attack, a group called Declare Emergency claimed credit.
Martin and Smith agreed, along with other co-conspirators, to enter the National Gallery of Art for the purpose of injuring the exhibit and entered the museum armed with water bottles filled with paint. Martin and Smith handed their phones to other co-conspirators and waited until patrons cleared the area in front of the Little Dancer. The pair proceeded to smear paint on the case and base of the exhibit, at times smacking the case with force. Prior to the attack, members of the conspiracy had alerted the Washington Post, and two reporters from the Post recorded and photographed the offense. Additionally, other members of the conspiracy filmed and photographed the offense.
Smith and Martin caused over $4,000 in damage, including material and labor costs, and the exhibit was removed from public display for 10 days so that it could be repaired.
Smith pleaded guilty December 15, 2023, to one count of causing injury to a National Gallery of Art exhibit. She was sentenced to 60 days in prison, followed by 24 months of supervised release and ordered to pay a $3,000 fine and $4,062 in restitution.
