BILLINGS, Mont. (AP) — A Montana man was convicted Wednesday of threatening to assault former House Speaker Kevin McCarthy after becoming upset that the government had not shot down a Chinese spy balloon that floated over his home city.
Richard Rogers, 45, of Billings, delivered the threat to a McCarthy staffer during a series of more than 100 calls to the Republican speaker's office in just 75 minutes on Feb. 3, 2023, prosecutors said. That was one day after the Pentagon acknowledged it was tracking the spy balloon, which was later shot down off the Atlantic Coast.
The 12-person federal jury also found Rogers guilty on two counts of making harassing telephone calls: the ones to McCarthy's office plus 150 calls he made to an FBI tip line in 2021 and 2022.
Rogers routinely made vulgar and obscene comments in those calls.
Sentencing was set for January 31. He faces up to six years in prison and a $250,000 fine for threatening to harm a member of Congress, and a maximum penalty of two years and a $250,000 fine on the harassment counts.
U.S. District Judge Susan Watters allowed Rogers to remain free of custody pending sentencing.
Threats against public officials in the U.S. have risen sharply in recent years, including against members of Congress and their spouses, election workers and local elected officials. Rogers' case was among more than 8,000 threats to lawmakers investigated by the U.S. Capitol Police in 2023, and officials expect another surge with the 2024 election.
During a three day trial, Rogers testified that his outraged calls to the FBI and McCarthy's office were a form of “civil disobedience."
He and his attorneys argued that using obscenities with FBI operators and Congressional staff was protected as free speech under the First Amendment, which establishes the right “to petition the government for a redress of grievances.”
But prosecutors said Rogers crossed the line with a threat on McCarthy’s life and by hurling abusive and sexual verbal tirades against the lawmaker's staffers and FBI operators.
In the dozens of calls that were played for jurors, Rogers was heard asking for investigations of various alleged conspiracies involving the FBI and the administration of President Joe Biden. He was polite at times, but would quickly become angry and shout obscenities until the calls were disconnected.
“You can’t talk to people that way. It’s common sense,” Assistant U.S. Attorney Thomas Godfrey said. “He’s calling not out of political protest; he’s calling because he gets enjoyment out of it.”
The prosecutor told the jury there was no exception in federal law that says government employees can be subjected to harassment.
“'Petitioning the government' — baloney,” Godfrey said. “Kevin McCarthy was the Speaker of the House. It’s not his job to shoot down spy balloons.”
Rogers, a former telephone customer service representative, testified that he took to care to “edit” his comments on the phone to avoid any threats because he didn’t want to go to prison.
He added that he never tried hide his actions and frequently offered his name and phone number when calling the FBI.
“They were disrespectful to me, so I was disrespectful to them,” Rogers said.
Defense attorney Ed Werner said Rogers “just wanted to be heard.”
Following the guilty verdict, Rogers repeated his contention that he never threatened anyone. He also said he was dissatisfied with his defense attorneys for not adequately presenting his case.
Rogers wore shirts depicting Captain America and other superheroes throughout the trial, including one Wednesday with the letters “MAGA” on the front, a reference to Donald Trump's “Make America Great Again” slogan. A supporter of the former president, he said he was in Washington during the Jan. 6, 2021, attack on the Capitol.
Godfrey said the case was not about politics but rather illegal harassment.
Earlier this year, a 30-year-old Billings man was sentenced to 2 1/2 years in federal prison after leaving voicemail messages threatening to kill Montana Democratic U.S. Sen. Jon Tester and his family. Another Montana man, from Kalispell, was sentenced to 2 1/2 years in prison last year, also for making threats against Tester.
Richard Rogers and his wife Laurie are seen outside the James F. Battin Federal Courthouse, Tuesday, Oct. 1, 2024, in Billings, Mont. (AP Photo/Matthew Brown)
FILE - A high altitude Chinese spy balloon floats over Billings, Mont., Feb. 1, 2023. (Larry Mayer/The Billings Gazette via AP, File)
ORCHARD PARK, N.Y. (AP) — Bills cornerback Rasul Douglas didn’t think anything of Von Miller's absence at practice on Wednesday, assuming the edge rusher had a rest day, as sometimes happens for the 35-year-old veteran.
“What?” Douglas said, appearing confused when asked how the secondary will hold up against a dynamic Texans passing attack on Sunday without Buffalo's top pass-rushing threat. “He’s not playing or something?”
Douglas was apparently so preoccupied with the prospect of facing Nico Collins, who leads the NFL with 489 yards receiving, former Bills star Stefon Diggs and the potential return of Tank Dell that he missed the news of Miller's four-game suspension for violating the NFL's personal conduct policy.
“Damn. Four games,” Douglas said. “Well, we’ve been next man up since I got here, so hopefully it gives somebody else a chance to go get some more snaps and make some more plays.”
That's how it has been for the Bills during a 3-1 start. The defense has been leaning on backups to fill in for injured starters such as linebackers Matt Milano (torn left biceps) and Terrel Bernard (partially torn pectoral) and nickel cornerback Taron Johnson (broken right forearm).
What’s troubling is the timing of Miller’s suspension, coming on the heels of a 35-10 dud at Baltimore on Sunday for Buffalo's most lopsided loss in nearly three years. And the defense could be minus yet another starter with safety Taylor Rapp in the concussion protocol.
Though as a pass-rushing specialist Miller didn’t factor into the issues the Bills had in giving up 272 yards rushing to the Ravens, he was expected to play a larger role against C.J. Stroud and company.
Miller is the NFL’s active leader in sacks with 126 1/2, which is tied for 17th on the career list with Derrick Thomas. After failing to produce a sack in 14 games, including the playoffs, last season while coming off knee surgery, Miller is tied for the Bills lead with three this year.
“The job is to move forward, right?” coach Sean McDermott said. “I’ve really been proud of the way the guys have stepped up. They’ve had to deal with quite a few situations, injuries, now in this case the suspension with Von. So I expect the same, quite honestly. ... Somebody needs to step up and they have to this point.”
McDermott called Miller’s suspension “an unfortunate situation,” while adding: “We respect the decision made by the league, and really it’s out of our control.”
Aside from saying the Bills were informed by the league in advance of the suspension being announced, McDermott said he wasn’t in a position to discuss the reasons behind the decision. “You can assume what you can assume. That’s where we’re at on it,” he said.
The NFL cited only its personal conduct policy in announcing the suspension that will keep Miller away from the Bills' facility until the week leading up to Buffalo’s home game against Miami on Nov. 3.
Miller was accused in November of assaulting his pregnant girlfriend at their home outside Dallas during the Bills’ bye week. He turned himself in to police after he was charged with third-degree felony assault of a pregnant woman, which is punishable by two to 10 years in prison and a $10,000 fine.
The woman and Miller had been in a relationship for seven years and have two other children together.
No charges have been filed. Miller said in July he considered the case closed based on feedback from his attorneys.
The NFL was conducting its own investigation into the matter, and reserved the right to discipline Miller based on conduct deemed detrimental to the sport.
A person with direct knowledge of the NFL’s decision said the suspension was directly related to the November allegations. The person spoke on Wednesday on condition of anonymity because the league hasn't detailed its reasoning publicly.
A police affidavit regarding the alleged assault on Nov. 29 said Miller put his hands on his girlfriend’s neck, pulled out her hair and threw her on the couch. The woman was treated for minor injuries, including bruising on her neck, officers wrote.
In December, Miller disputed the allegations, calling them false and “blown out of proportion.” Miller indicated something happened between him and his girlfriend, but stressed it did not approach what he was alleged to have done.
The Bills have turned their attention to Sunday, with Greg Rousseau and A.J. Epenesa starting, ahead of veteran backup Dawuane Smoot and rookie Javon Solomon, who has been limited to two games this season.
“Nobody knows any details, so I’m sure my reaction is probably the same as yours. You know, I’m confused,” Epenesa said. “But from a football standpoint, everybody knows what they’re supposed to do or what the job is. So it’ll be easy from there just to execute.”
Notes: Bernard was listed as being limited in practice, and said he still has several tests to pass before being cleared to play. ... Johnson practiced with his right arm heavily wrapped and could only say “We’ll see,” regarding the prospect of playing Sunday. ... Starting left tackle Dion Dawkins (hamstring) and WR Khalil Shakir (right ankle) did not practice and their status to play on Sunday is uncertain.
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Jacksonville Jaguars tight end Brenton Strange (85) makes a touchdown catch past Buffalo Bills cornerback Rasul Douglas (31) during the second half of an NFL football game Monday, Sept. 23, 2024, in Orchard Park, NY. (AP Photo/Adrian Kraus)
Buffalo Bills head coach Sean McDermott answers questions after an NFL football game against the Jacksonville Jaguars, Monday, Sept. 23, 2024, in Orchard Park, NY. (AP Photo/Adrian Kraus)
Buffalo Bills linebacker Von Miller (40) takes the field with teammates prior to an NFL football game against the Baltimore Ravens, Sunday, Sept. 29, 2024, in Baltimore. (AP Photo/Stephanie Scarbrough)
