Rep. Jim Banks, a Republican from Indiana, is raising questions about why federal charges were not brought against a man who threatened his family.

Banks argues that Biden's Department of Justice (DOJ) has prosecuted similar threats against Democratic officials but failed to do so in his case, suggesting a potential double standard, as Fox News reports.

Indiana Man Threatens Banks' Family

Aaron Thompson, 33, from Fort Wayne, left multiple threatening voicemails at Banks' Washington, D.C., office. The messages included explicit threats to Banks' and his daughters’ lives.

Thompson pleaded guilty to both felony and misdemeanor charges in a state court and received a two-year probation sentence. Allen County prosecutors managed the prosecution.

Banks, currently running for Senate, sent a letter to Attorney General Merrick Garland questioning why Thompson was not federally charged, highlighting cases in which similar threats against Democrats led to federal prosecutions.

Banks Accuses DOJ of Double Standard

"I want an answer from AG Garland explaining why he ignored threats against my family but prosecuted similar threats against Democrats," Banks wrote in his letter. "It appears to be just another example of the Biden administration's political weaponization of our justice system."

Thompson admitted to making at least eight calls to Banks' office while intoxicated, expressing political disagreements. In one call, Thompson said, "Your daughters grow up without their dad, or you grow old without your daughters... boom, boom you pick..."

Although Thompson posted on social media encouraging support for Democrats, he has since pleaded guilty to a state felony charge of intimidation and a misdemeanor charge of harassment.

DOJ Defends Position

The U.S. Attorney for Northern District of Indiana declined to prosecute Thompson federally, despite Capitol Police referring the case. A DOJ spokesperson stated that threats to public officials are always investigated and prosecuted based on the law, irrespective of party affiliation.

"The DOJ investigates threats to public officials regardless of their party affiliation," a DOJ spokesperson said, "and we have prosecuted multiple cases of threats made to both Republican and Democratic congressional lawmakers."

Garland reiterated the department's commitment to treating threats to democracy with utmost seriousness. "Disagreements about politics are good for our democracy," Garland said. "But using conspiracy theories, falsehoods, violence, and threats of violence to affect political outcomes is not normal."

Legal Expert Considers Federal Challenges

Mike Ferrara, a legal expert, explained the complexities of prosecuting threats under federal statutes. "The federal threat statutes can be tricky to charge because they require prosecutors to prove very specific things about what the perpetrator intended," he said.

Ferrara noted that federal prosecutors need to show that the perpetrator's words were meant as a threat or intended to impede an official's duties, which can be particularly difficult when the defense involves intoxication.

"States, of course, have an entirely different set of statutes they can choose from to prosecute threats," Ferrara added. "It would be pretty unremarkable -- and I think a good exercise of prosecutorial discretion -- for the federal government to defer to the state prosecutors."

Banks Highlights Other Federal Prosecutions

Banks referenced other recent federal prosecutions where defendants were sentenced for making threats against Democratic lawmakers. For example, a Texas man received almost three years in prison for threatening Rep. Maxine Waters.

Banks emphasized the importance of treating threats to public officials as federal offenses to ensure consistency and fairness in legal proceedings.

Despite the controversy, Banks expressed gratitude towards Allen County prosecutors for taking the threats against his family seriously. "I’m thankful for Allen County Prosecutor Mike McAlexander and Deputy Prosecutor Adam Mildred for enforcing the law impartially," he stated.

Conclusion

In summary, Rep. Jim Banks (R-IN) is questioning the DOJ’s decision not to bring federal charges against Aaron Thompson for threatening his family, while similarly serious threats against Democrats have been federally prosecuted.

The DOJ maintains that threats are treated equally regardless of political affiliation and cited ongoing efforts to combat political violence.

Legal experts highlighted the intricacies and challenges of federal threat statutes, supporting the federal government's decision to defer to state prosecution in this case. Banks seeks further clarification from Attorney General Merrick Garland as he continues his Senate campaign.