Oral Presentation
New York man arrested after allegedly threatening to kill U.S. Rep. Ilhan Omar Kyle J. Kelley
Issue
Whether Patrick W. Carlineo, Jr. threated to assault and murder Minnesota congresswoman Ilhan Omar when he called Omar’s office, identified himself over the phone, delivered an expletive-laden rant, and threatened her because of her Muslim faith.
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Rule
18 U.S. Code § 115 (a)(1)(B)
(a)(1) Whoever –
(B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties
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Argument
In this case, whoever threatens to assault, kidnap, or murder, a United States official with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties. Here this exists when Patrick W. Carlineo called Congresswoman Ilhan Omar's office and identified himself on March 21, at about 12:20 p.m. Shortly after identifying himself to the staff member of her office, he stated “do you work for the Muslim Brotherhood? Why are you working for her, she's a [expletive] terrorist. I’ll put a bullet in her [expletive] skull.” Shortly after the call, Omar's office referred the threat to the US Capitol Police, which began an investigation with the FBI. When investigated by authorities, Carlineo admitted that he may have said something like that, but was unsure.
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Conclusion
Therefore Patrick W. Carlineo, Jr is guilty of threatening to assault and kill congresswoman Ilhan Omar.
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Thank You!
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