An Indiana man pleaded guilty Tuesday to
sending a communication that included a threat of violence to an election
worker in Michigan.
“Andrew Nickels threatened that he and
millions of so-called ‘patriots’ would kill an election worker in Michigan.
Among other threats, he said the local public official deserved a ‘throat to
the knife’ for saying that there were no irregularities in the election,” said
Acting Assistant Attorney General Nicole M. Argentieri of the Justice
Department’s Criminal Division. “Election officials and workers play a critical
role in safeguarding free and fair elections. The Criminal Division will
continue to aggressively investigate and prosecute individuals who seek to
undermine this core tenet of our democracy by threatening election officials
with violence.”
According to court documents, on or about
Nov. 10, 2020, Andrew Nickels, 37, of Carmel, called the clerk of a local
municipality and left a voicemail threatening to kill the local official. As
part of the message, Nickels stated, in part, “We’re watching your ... mouth talk
about how you think that there’s no irregularities ... [Y]ou frauded out America of
a real election.” Nickels then told the clerk that “you’re gonna pay for it,”
and described how “ten million plus patriots will surround you when you least
expect it.” He continued, in relevant part: “[W]e’ll [expletive] kill you ... [Y]ou
will [expletive] pay for your [expletive] lying ass remarks ... We will [expletive]
take you out. [Expletive] your family, [expletive] your life, and you deserve a
[expletive] throat to the knife ... Watch your [expletive] back ... watch your
[expletive] back.”
“No public official should face the
violent threats that the victim in this case did, just for doing their job of
ensuring the fairness and integrity our federal, state, and local elections,”
said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “Today’s
guilty plea should send a clear message that those who engage in this egregious
conduct will be held accountable.”
“Those who work to ensure the integrity
of our democratic process should be able to continue without fear of
intimidation or violence,” said Special Agent in Charge Cheyvoryea Gibson of
the FBI Detroit Field Office. “The FBI will not tolerate threats against any
local, state, or federal elections workers and will continue working with our
law enforcement partners to mitigate such threats.”
Nickels pleaded guilty to one count of
making a threatening interstate communication. He is scheduled to be sentenced
on July 9 and faces a maximum penalty of five years in prison. A federal
district court judge will determine any sentence after considering the U.S.
Sentencing Guidelines and other statutory factors.
The FBI Detroit Field Office is
investigating the case.
Trial Attorney Tanya Senanayake of the
National Security Division’s Counterterrorism Section and Assistant U.S.
Attorney Frances Lee Carlson for the Eastern District of Michigan are
prosecuting the case.
This case is part of the Justice
Department’s Election Threats Task Force. Announced by Attorney General Merrick
B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021,
the task force has led the department’s efforts to address threats of violence
against election workers, and to ensure that all election workers – whether
elected, appointed, or volunteer – are able to do their jobs free from threats
and intimidation. The task force engages with the election community and state
and local law enforcement to assess allegations and reports of threats against
election workers, and has investigated and prosecuted these matters where
appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices
throughout the country. Over two years after its formation, the task force is
continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field
Offices nationwide as they carry on the critical work that the task force has
begun.
Under the leadership of Deputy Attorney
General Monaco, the task force is led by the Criminal Division’s Public
Integrity Section and includes several other entities within the Justice
Department, including the Criminal Division’s Computer Crime and Intellectual
Property Section, Civil Rights Division, National Security Division, and FBI,
as well as key interagency partners, such as the Department of Homeland
Security and U.S. Postal Inspection Service. For more information regarding the
Justice Department’s efforts to combat threats against election workers, read
the Deputy Attorney General’s memo.
To report suspected threats or violent
acts, contact a local FBI office and request to speak with the Election Crimes
Coordinator. Contact information for every FBI field office may be found at
www.fbi.gov/contact-us/field-offices/. Residents may also contact the FBI at
1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov.
Complaints submitted will be reviewed by the task force and referred for
investigation or response accordingly. If someone is in imminent danger or risk
of harm, contact 911 or local police immediately.