pardoned

WASHINGTON — A man whose convictions for storming the U.S. Capitol were erased by President Trump’s mass pardons has been arrested on a charge that he threatened to kill House Minority Leader Hakeem Jeffries.

Christopher P. Moynihan is accused of sending a text message on Friday noting that Jeffries, a New York Democrat, would be making a speech in New York City this week.

“I cannot allow this terrorist to live,” Moynihan wrote, according to a report by a state police investigator. Moynihan also wrote that Jeffries “must be eliminated” and texted, “I will kill him for the future,” the police report says.

Moynihan, of Clinton, N.Y., is charged with a felony count of making a terroristic threat. It was unclear if he had an attorney representing him in the case, and efforts to contact him and his parents by email and phone were unsuccessful.

Moynihan, 34, was sentenced to 21 months in prison for joining a mob’s Jan. 6, 2021, attack on the Capitol. In January, he was among hundreds of convicted Capitol rioters who received a pardon from Trump on the Republican president’s first day back in the White House.

Jeffries thanked investigators “for their swift and decisive action to apprehend a dangerous individual who made a credible death threat against me with every intention to carry it out.”

“Unfortunately, our brave men and women in law enforcement are being forced to spend their time keeping our communities safe from these violent individuals who should never have been pardoned,” Jeffries said in a statement.

House Speaker Mike Johnson was asked about the case during a news conference on Tuesday and said he did not know any details of the threat against Jeffries.

“We denounce violence from anybody, anytime. Those people should be arrested and tried,” said Johnson, a Louisiana Republican.

The New York State Police said they were notified of the threat by an FBI task force on Saturday. Moynihan was arraigned on Sunday in a local court in New York’s Dutchess County. He is due back in the Town of Clinton Court on Thursday.

Dutchess County Dist. Atty. Anthony Parisi said his office is reviewing the case “for legal and factual sufficiency.”

“Threats made against elected officials and members of the public will not be tolerated,” Parisi said in a statement on Tuesday.

On Jan. 6, Moynihan breached police barricades before entering the Capitol through the Rotunda door. He entered the Senate chamber, rifled through a notebook on a senator’s desk and joined other rioters in shouting and chanting at the Senate dais, prosecutors said.

“Moynihan did not leave the Senate Chamber until he was forced out by police,” they wrote.

In 2022, U.S. District Judge Christopher Cooper convicted Moynihan of a felony for obstructing the Jan. 6 joint session of Congress for certifying Democrat Joe Biden’s victory over Trump in the 2020 presidential election. Moynihan also pleaded guilty to five other riot-related counts.

Kunzelman writes for the Associated Press. AP writer Stephen Groves contributed to this report.

Oct. 21 (UPI) — A Jan. 6 rioter pardoned by U.S. President Donald Trump was again arrested following an alleged threat to kill House Minority Leader Hakeem Jeffries.

Christopher P. Moynihan, 34, was arrested over the weekend by New York State Police after he allegedly sent text messages on Friday to an unidentified associate in which he threatened the life of Jeffries, D-N.Y.

“Hakeem Jeffries makes a speech in a few days in NYC I cannot allow this terrorist to live,” Moynihan was quoted in a legal complaint filed by prosecutors in Duchess County.

Jeffries, 55, gave remarks Monday in Manhattan at the Economic Club of New York.

On Sunday, Moynihan was charged with a class D felony of making a terroristic threat.

“Even if I am hated he must be eliminated. I will kill (Jeffries) for the future,” he wrote.

Moynihan was arraigned in Clinton, a Hudson Valley town some 50 miles east of Syracuse, and remanded to a Duchess County facility “in lieu of $10,000 cash bail, a $30,000 bond, or an $80,000 partially secured bond,” according to state police.

He pleaded guilty to five misdemeanor charges and declared guilty in August 2022 of obstructing an official government proceeding on Jan. 6, 2021 after Trump’s false declaration that he won the 2020 election.

The Jan. 6 insurrection injured more than 140 Capitol police officers and caused damage to the historic complex to the tune of millions of dollars and delayed 2020’s electoral college count in Congress.

Moynihan, said to be among the first to breach Capitol police barricades to enter the building, is one in a string of Trump-pardoned convicted criminals to later be re-arrested on newer charges.

According to court records, Moynihan has a long history of drug use and petty crimes.

In February 2022, Moynihan was sentenced 21 months in jail until pardoned by Trump along with nearly 1,600 Capitol rioters almost immediately after Trump reassumed office.

Moynihan’s investigation was initiated via the FBI part of a growing trend of threats against U.S. lawmakers.

Meanwhile, U.S. Capitol Police said last month the number of threat investigations this year rose past 14,000, which was higher than the total number of cases in 2024.

WASHINGTON — Coming to court this week, a police officer’s widow wanted to prove that a man assaulted her husband during a mob’s attack on the U.S. Capitol and ultimately was responsible for her husband’s suicide nine days later. A jury’s verdict on Friday amounted to only a partial victory for Erin Smith in a lawsuit over her husband’s death.

The eight-member jury held a 69-year-old chiropractor, David Walls-Kaufman, liable for assaulting Metropolitan Police Officer Jeffrey Smith inside the Capitol on Jan. 6, 2021. They will hear more trial testimony before deciding whether to award Erin Smith any monetary damages over her husband’s assault.

But the judge presiding over the civil trial dismissed Erin Smith’s wrongful death claim against Walls-Kaufman before jurors began deliberating. U.S. District Judge Ana Reyes said no reasonable juror could conclude that Walls-Kaufman’s actions were capable of causing a traumatic brain injury leading to Jeffrey Smith’s death.

Reyes divided the trial into two stages: one on the merits of Erin Smith’s claims and another on damages. The damages phase is expected to stretch into next week.

Erin Smith claimed Walls-Kaufman gave her husband a concussion as they scuffled inside the Capitol. Jeffrey Smith was driving to work for the first time after the Capitol riot when he shot and killed himself with his service weapon.

His widow claims Walls-Kaufman struck her 35-year-old husband in the head with his own police baton inside the Capitol, causing psychological and physical trauma that led to his suicide. Jeffrey Smith had no history of mental health problems before the Jan. 6 riot, but his mood and behavior changed after suffering a concussion, according to his wife and parents.

Walls-Kaufman, who lived near the Capitol, denies assaulting Jeffrey Smith. He says any injuries that the officer suffered on Jan. 6 occurred later in the day, when another rioter threw a pole that struck Jeffrey Smith around his head.

Walls-Kaufman served a 60-day prison sentence after pleading guilty to a Capitol riot-related misdemeanor in January 2023, but he was pardoned in January. On his first day back in the White House, President Donald Trump pardoned, commuted prison sentences or ordered the dismissal of cases for all of the nearly 1,600 people charged in the attack.

Trump’s sweeping act of clemency didn’t erase Erin Smith’s lawsuit against Walls-Kaufman.

Erin Smith, the trial’s first witness, recalled packing a lunch for her husband and kissing him as he headed off to work on Jan. 15, 2021, for the first time after the riot.

“I told him I loved him, said I would see him when he got home,” she testified.

Within hours, police officers knocked on her door and informed her that her husband was dead. She was stunned to learn that he shot himself with his service weapon in his own car.

“It was the most traumatic words I’ve ever heard,” she recalled. “You just don’t know what to do.”

Walls-Kaufman’s attorney, Hughie Hunt, urged jurors to “separate emotion” and concentrate on the facts of the case.

“This is tragic, but that doesn’t place anything at the foot of my client,” Hunt said during the trial’s opening statements.

Jeffrey Smith’s body camera captured video of his scuffle with Walls-Kaufman. In his testimony, Walls-Kaufman said he was overcome by “sensory overload” and “mass confusion” as police tried to usher the crowd out of the Capitol.

“I couldn’t tell who was pushing who or from what direction,” he said.

The police department medically evaluated Jeffrey Smith and cleared him to return to full duty before he killed himself. Hunt said there is no evidence that his client intentionally struck Jeffrey Smith.

“The claim rests entirely on ambiguous video footage subject to interpretation and lacks corroborating eyewitness testimony,” Hunt wrote in a court filing in the case.

More than 100 law enforcement officers were injured during the riot. Capitol Police Officer Brian Sicknick collapsed and died a day after engaging with the rioters. A medical examiner later determined he suffered a stroke and died of natural causes. Howard Liebengood, a Capitol police officer who responded to the riot, also died by suicide after the attack.

In 2022, the District of Columbia Police and Firefighters’ Retirement and Relief Board determined that Jeffrey Smith was injured in the line of duty and the injury was the “sole and direct cause of his death,” according to the lawsuit.

Kunzelman writes for the Associated Press.