United States v. Robert D. Stewart, Jr., AKA Robert Wilson Stewart, Bob Stewart

We are asked to determine whether certain words, spoken under certain circumstances, constitute criminal threats of harm against a federal judge and are not protected by the First Amendment. We are also asked to determine what quantum of evidence the Government must present to establish that a defendant, who solicited another person to murder a federal judge, had the required criminal intent for the other person to commit the murder.

FACTS

Robert D. Stewart, Jr. appeals his convictions and sentence for threatening to murder a federal judge (Count 1), soliciting the murder of a federal judge (Count 4), and making material false statements to government agents investigating the threats and solicitation (Counts 2 and 3). At trial, the Government elicited the following testimony:

Informant August Weiss, an inmate at an Arizona federal prison where Stewart was also incarcerated, approached Special Investigative Agent Forrest Barton, who was stationed at the prison. Weiss told Agent Barton “there was an older inmate named Rob in his unit that was making some plans to hurt some federal officials.” Agent Barton and Federal Bureau of Investigation (“FBI”) Special Agent Mike Gallante met…