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AI Overview
Michael Knowles, a conservative political commentator, testified before the Senate Judiciary Subcommittee on the Constitution on
October 28, 2025, at a hearing on politically violent attacks and the threat to constitutional order. In his testimony, he addressed the issue of violence associated with far-left extremist groups, including those operating under the banner of Black Lives Matter (BLM) and Antifa.
Key points from his testimony include:
- Ideology and Violence: Knowles argued that the violence seen during the 2020 summer riots and other instances was a "feature, not a bug" of the underlying ideology of the radical left, which views the existing system as blameworthy and thus justifies working outside it.
- Critique of Officials: He criticized elected officials who he claimed praised radicals' "idealism" or called riots the "language of the unheard," suggesting this contributed to the problem.
- Case Example: Knowles cited the case of Brian and Krystal DiPippa, whom he identified as members of an "extremist left-wing cell" connected to the Torch Antifa Network, who threw an explosive into a crowd. He expressed concern that they received minimal jail time and probation, respectively, which he argued was an insufficient response to attempted murder.
- Call for Federal Action: He urged the federal government to act immediately to stop what he called an "accelerating trend of leftist terrorism," stating that for legislators to deny the threat and neglect the remedy would be "complicity".
His testimony focused on characterizing the violence as a form of "leftist terrorism" and a serious threat to the constitutional order, calling for a strong federal response.
daily sig
prominent conservative commentator Michael Knowles sounded off on the growing threat of political violence at a Senate Judiciary subcommittee hearing on Tuesday.
“The federal government must act now to stop the consistent and accelerated threat of leftist terrorism. For a legislator to deny the threat and neglect the remedy might once have been chalked up to ignorance. Today, it is nothing less than a complicity,” Knowles declared in his remarks before the Senate Judiciary Subcommittee on the Constitution.
The title of the hearing was “Politically Violent Attacks: A Threat to Our Constitutional Order.” In addition to Knowles, it featured testimony from Chad Wolf of the America First Policy Institute and a former acting secretary of the Department of Homeland Security; Daniel Hodges, a Washington, D.C., police officer; William Braniff, executive director of the Polarization and Extremism Research and Innovation Lab in the School of Public Affairs at American University; and Kyle Shideler, director and senior analyst for homeland security and counterterrorism with the Center for Security Policy.
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Near the beginning of his opening statement, Knowles outlined his position on whether the political Left or Right was more responsible for the violence flaring in the United States. The following are four takeaways from his testimony.
1. Left ‘More Violent’ Than the Right
“[L]est I be accused of partisan invective … no less an emblem of American liberalism than The Atlantic magazine published an article citing a recent study from the Center for Strategic and International Studies, admitting that the Left is more violent today than the right,” Knowles said.
The political commentator then recounted his own brush with violent protesters that occurred in April 2023. The Daily Wire host had been invited to debate the issue of transgenderism at the University of Pittsburgh. Before the event, dozens of left-wing protesters, including some that had their faces covered, burned an effigy of the podcaster.
2. Encountering Violence, Up Close and Personal
“[A]s the Pittsburgh [fire department] put out my burning effigy, an Antifa operative named Brian DiPippa, hiding behind his wife, Krystal, rolled two smoke bombs under police barricades,” Knowles said. He then recounted how [Brian] DiPippa threw a firework at police officers, which resulted in several members of the police being burned and “life-altering injuries to a female officer.”
He ultimately received five years in prison while his wife was sentenced to three years’ probation. Knowles expressed frustration at the sentencing.
3. Punishment Must Be Commensurate With Crime
“I think we should all be able to agree that throwing an explosive at a group of people is no mere minor indiscretion. That is a very serious crime. That’s attempted murder, the kind of crime that merits life in prison,” Knowles said.
4) Backing Candidate Despite Violent Rhetoric Is Wrong
Knowles later pointed out in the hearing that Sen. Cory Booker, D-N.J., had endorsed Democrat Virginia attorney general candidate Jay Jones, despite the fact that Jones had said in text messages that he hoped a former Virginia House speaker would get “two bullets to the head.”
“You certainly cannot have law enforcement officers who would engage in this kind of violent rhetoric against half of their constituents. So long as anyone stands by an endorsement such as that, their words are meaningless. They are shedding crocodile tears on the topic of political violence,” he said.
Reflecting on the gunshot slaying of a friend, conservative influencer Charlie Kirk, Knowles said, “There was no more gracious, generous, or charitable debater on college campuses than Charlie Kirk, and he always endeavored to hear out the other side … to give them the benefit of the doubt. And he was killed for it. He was killed for ideological reasons. And it has to be an inflection point.”
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- Conservative Groups Urge Resolve Against Extending Obamacare Subsidies
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2025-10-28-PM_Testimony_Knowles
J.M.J. Senate testimony Michael Knowles Thank you, Chairman Schmidt, Ranking Member Welch, and all members of this committee. In light of the murder of my friend Charlie Kirk by a leftist assassin, I’m pleased to see that at least some members of our federal government are now confronting the consistent and escalating pattern of left-wing terrorism in this country. Even honest liberals have had to admit in recent weeks that left-wing terrorism exceeds rightwing terrorism. On September 23, no less an emblem of American liberalism than The Atlantic magazine admitted that fact in an article, based on a recent study, under the headline, “Left-Wing Terrorism Is On The Rise.”
Less honest liberals, including members of Congress, have nevertheless persisted in denying this fact. Democrat congressman Seth Moulton reacted to a leftist’s assassination of the most prominent proponent of civil debate on the American Right by blaming the Right. He claimed that three-quarters of political violence in the United States comes from the Right, while only four percent is committed by the Left.
That claim struck me as suspect, so I looked into just a few examples of left-to-right political violence. Consider the Covenant School massacre in Nashville, for instance, in which a transidentifying shooter murdered Christian children at school after leaving a manifesto outlining ideological motivations, such as gender ideology. That incident, according to authorities, lacked an ideological motive.
The Black Lives Matter riots—overtly leftist demonstrations that left dozens of people dead and over a billion dollars’ worth of property damage—likewise fail to show up on registers of left-wing political violence. Even an attack by Antifa operatives that targeted me personally for my conservative political views appeared in official records and data sets as nothing more than “obstructing law enforcement” on the rare occasion it appeared at all. It turns out the Left commits relatively little political violence when one does not count the political violence that the Left commits. I’m here today to speak about that single, illustrative incident.
On April 18, 2023, I was scheduled to participate in a debate at the University of Pittsburgh on the topic of transgenderism. Before the debate, left-wing protesters gathered outside the O’Hara Student Center, many dressed uniformly in black with face coverings. The demonstration grew to an estimated 300-350 people, who lit the street on fire while burning me in effigy with a miniature mustache drawn on my lip. All because I held the opinion that men cannot become women. I awaited the start of the debate from inside the auditorium and therefore did not witness these events directly, though many were filmed and posted to social media.
But according to an FBI affidavit, at approximately 7 p.m., the demonstrators moved to the front entrance of the student center and prevented vehicles from passing, despite that road’s serving as the main access to the hospital. Buildings in the area were placed on a “soft lockdown.” As the Pittsburgh Bureau of Fire put out my burning effigy, an Antifa operative named Brian DiPippa rolled a smoke bomb under police barricades. Twelve minutes later, Dipippa, hiding behind his wife Krystal, lit a second smoke bomb and placed it among the attendees as well as the University of Pittsburgh Police officers who had been called to maintain order. Attendees waiting in line scattered while demonstrators shouted, “Fascists, go home!”
The demonstrators then moved to the side of the building with window access to the auditorium in which my debate was set to begin. Police, seeing the threat, moved to create a barrier between the leftists and the building. The debate moderator, my interlocutor, and I began to walk to the stage one minute after the event’s scheduled start time. But before we reached the stage, we heard an explosion, which caused our security personnel to escort us back into the wings. A demonstrator, later identified as DiPippa, had thrown a lit firework into a group of police officers protecting the rear of the building.
The explosion injured several officers, including severe and life-altering injuries to a female officer. Even the less severe injuries included burns, bruises, hearing loss, and possible concussions. Demonstrators continue to disrupt and threaten us in the auditorium after the event began. Four protesters began to shout, “Trans lives matter!” before security agents escorted them off the premises. Toward the end of the debate, a protester in a hat, sunglasses, and face mask stood up and walked threateningly toward the stage before taking a seat in the second row after the protection team began walking toward her. The debate ended early after campus police notified security personnel inside the auditorium that protests outside were becoming even more destructive, and the campus had issued a “safety emergency” notification.
:{:{While Democrat politicians and liberal journalists have sought to downplay and even deny the existence of organized, left-wing terror, the attack at the University of Pittsburgh provides just one example among countless of serious and increasing leftist terrorism. Brian and Krystal DiPippa were not merely two citizens impelled to protest a speaker with whom they disagreed.}:
According to reporting by investigative journalist and Antifa expert Andy Ngo, the DiPippas were members of an extremist left-wing cell that met at the Big Idea Bookstore in Pittsburgh. Such anarchist bookstores operate as meeting and training grounds for left-wing terror attacks. The Torch Antifa Network later claimed the DiPippas as members and offered the opportunity to donate money for them through a tax-exempt non-profit organization. }:
Thanks to the efforts of a courageous FBI agent who happened to be on the scene, the Department of Justice was impelled to bring charges against the DiPippas. Unfortunately, our justice system gave them only a slap on the wrist. Throwing an explosive into a crowd of people constitutes attempted murder. Justice calls for life in prison. Our justice system sentenced Brian DiPippa to minimal jail time for “obstructing law enforcement.” His wife got off with probation. The federal government must act now to stop the consistent and accelerating trend of leftist terrorism. For a legislator to deny the threat and neglect the remedy might once have been chalked up to ignorance; today, it is nothing less than complicity.
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The Black Lives Matter riots—overtly leftist demonstrations that left dozens of people dead and over a billion dollars’ worth of property damage—likewise fail to show up on registers of left-wing political violence. Even an attack by Antifa operatives that targeted me personally for my conservative political views appeared in official records and data sets as nothing more than “obstructing law enforcement” on the rare occasion it appeared at all. It turns out the Left commits relatively little political violence when one does not count the political violence that the Left commits. I’m here today to speak about that single, illustrative incident.
On April 18, 2023, I was scheduled to participate in a debate at the University of Pittsburgh on the topic of transgenderism. Before the debate, left-wing protesters gathered outside the O’Hara Student Center, many dressed uniformly in black with face coverings. The demonstration grew to an estimated 300-350 people, who lit the street on fire while burning me in effigy with a miniature mustache drawn on my lip. All because I held the opinion that men cannot become women. I awaited the start of the debate from inside the auditorium and therefore did not witness these events directly, though many were filmed and posted to social media.
But according to an FBI affidavit, at approximately 7 p.m., the demonstrators moved to the front entrance of the student center and prevented vehicles from passing, despite that road’s serving as the main access to the hospital. Buildings in the area were placed on a “soft lockdown.” As the Pittsburgh Bureau of Fire put out my burning effigy, an Antifa operative named Brian DiPippa rolled a smoke bomb under police barricades. Twelve minutes later, Dipippa, hiding behind his wife Krystal, lit a second smoke bomb and placed it among the attendees as well as the University of Pittsburgh Police officers who had been called to maintain order. Attendees waiting in line scattered while demonstrators shouted, “Fascists, go home!”
The demonstrators then moved to the side of the building with window access to the auditorium in which my debate was set to begin. Police, seeing the threat, moved to create a barrier between the leftists and the building. The debate moderator, my interlocutor, and I began to walk to the stage one minute after the event’s scheduled start time. But before we reached the stage, we heard an explosion, which caused our security personnel to escort us back into the wings. A demonstrator, later identified as DiPippa, had thrown a lit firework into a group of police officers protecting the rear of the building.
The explosion injured several officers, including severe and life-altering injuries to a female officer. Even the less severe injuries included burns, bruises, hearing loss, and possible concussions. Demonstrators continue to disrupt and threaten us in the auditorium after the event began. Four protesters began to shout, “Trans lives matter!” before security agents escorted them off the premises. Toward the end of the debate, a protester in a hat, sunglasses, and face mask stood up and walked threateningly toward the stage before taking a seat in the second row after the protection team began walking toward her. The debate ended early after campus police notified security personnel inside the auditorium that protests outside were becoming even more destructive, and the campus had issued a “safety emergency” notification.
While Democrat politicians and liberal journalists have sought to downplay and even deny the existence of organized, left-wing terror, the attack at the University of Pittsburgh provides just one example among countless of serious and increasing leftist terrorism. Brian and Krystal DiPippa were not merely two citizens impelled to protest a speaker with whom they disagreed. According to reporting by investigative journalist and Antifa expert Andy Ngo, the DiPippas were members of an extremist left-wing cell that met at the Big Idea Bookstore in Pittsburgh. Such anarchist bookstores operate as meeting and training grounds for left-wing terror attacks. The Torch Antifa Network later claimed the DiPippas as members and offered the opportunity to donate money for them through a tax-exempt non-profit organization.
Thanks to the efforts of a courageous FBI agent who happened to be on the scene, the Department of Justice was impelled to bring charges against the DiPippas. Unfortunately, our justice system gave them only a slap on the wrist. Throwing an explosive into a crowd of people constitutes attempted murder. Justice calls for life in prison. Our justice system sentenced Brian DiPippa to minimal jail time for “obstructing law enforcement.” His wife got off with probation. The federal government must act now to stop the consistent and accelerating trend of leftist terrorism. For a legislator to deny the threat and neglect the remedy might once have been chalked up to ignorance; today, it is nothing less than complicity.
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Photos: People protest debate featuring Michael Knowles - The Pitt News
Anti-trans speaker met with protests - Pittsburgh Union Progress
Leah Libresco Sargeant, the chief of staff for debates and public discourse at political depolarization nonprofit Braver Angels, moderated the debate. It was sponsored by the Intercollegiate Studies Institute and hosted by Pitt College Republicans.
More than 11,000 students signed a petition before the debate demanding Pitt cancel it. In response, Pitt stressed its commitment to the First Amendment. not bs scaife
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Federal prosecutors said DiPippa ignited and dropped two homemade smoke bombs near people waiting to attend the event, and later threw one at officers trying to keep protesters out of the building. A campus police sergeant told the court she had been knocked down when the device exploded as she tried to bat it away. She said she suffered burns to her legs, hearing loss and back injuries that required surgery.
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regent Square couple indicted in smoke bomb incident at April protest
Thursday, July 6, 2023
By SUSAN JONES
A married couple from Regent Square has been indicted by a federal grand jury in Pittsburgh in connection with the smoke bombs and fireworks that were set off during an April 18 protest outside a transgender-rights debate between Daily Wire host Michael Knowles and libertarian journalist Brad Polumbo at O’Hara Student Center.
More than 150 people were protesting outside the center — where the debate topic was “Should transgenderism be regulated by law?” — when a loud incendiary device was set off. The explosion was later attributed to a combination of a firework and smoke bomb.
Brian DiPippa, 36, and his wife, Krystal DiPippa, 40, were indicted on charges of conspiracy and obstruction of law enforcement during civil disorder. Brian DiPippa also was charged with using an explosive to commit a federal felony.
The indictment, issued by the U.S. Attorney’s Office for the Western District of Pennsylvania, said, “Brian DiPippa ignited and dropped two homemade smoke bomb containers in and around a line of persons waiting to enter the O’Hara Student Center. … The Indictment further alleges that, when Pitt Police officers gathered and formed a barrier to prevent the protesters from entering the rear of the building, Brian DiPippa, concealed by his wife, Krystal DiPippa, ignited and threw a large explosive firework into the group of Pitt officers, causing a loud explosion and injuries to several officers.”
The protest prompted Pitt Police to send out alerts to warn people to stay away from the area. Several buildings were closed before police cleared the scene.
The charges of conspiracy and obstruction of law enforcement carry a maximum penalty of 10 years in prison, a fine of $500,000 or both. The charge of using an explosive to commit a federal felony has a mandatory minimum sentence of 10 years imprisonment, with a maximum fine of $250,000.
The FBI and its Joint Terrorism Task Force — of which the Pitt Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Pittsburgh Bureau of Police are all members — conducted the investigation leading to the indictment.
A Pitt spokesperson said in a statement: “The University appreciates the diligence of law enforcement agencies that partnered on the investigation into the devices used during demonstrations on campus on April 18. The indictment of the suspects today marks the next step in the process, and we will continue to fully collaborate with federal agencies.”
Although many students were at the protest, Chancellor Patrick Gallagher said shortly after the incident that he didn’t believe everyone involved was affiliated with Pitt.
At the April 20 Senate Council meeting, Gallagher condemned the actions of some demonstrators who he said abused their free-speech privileges. “Let me just be unambiguous: That is an absolutely unacceptable outcome that we saw here.
“Freedom of speech does not mean you get to throw explosive devices at anyone, including responding police officers,” he noted. “It does not mean you get to disrupt and light fires and close roads and deter patients from hospitals and all the other nonsense that we saw Tuesday night.”
Before the transgender debate and appearances by two other conservative speakers on campus, nearly 11,000 people signed an online petition asking Pitt to cancel the events.
Gallagher said on March 23 that a university is not a place to limit or quash ideas, no matter who is espousing them. The student-sponsored events were all paid for by entities outside the University.
In early June, the conservative nonprofit legal group Alliance Defending Freedom sent a letter to Pitt saying the $18,000 in security costs the University is seeking from the Intercollegiate Studies Institute and the Pitt College Republicans — which hosted the April 18 debate — violates the two groups’ constitutional rights
The University acknowledged receiving the letter but a spokesperson said Pitt could not comment on it because of “an implicit threat of legal action.”
*Susan Jones is editor of the University Times. Reach her atsuejones@pitt.eduor 724-244-4042.
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Peppy and Krystal are two Pittsburgh community activists who are facing trumped up political charges on the federal level. Peppy has been locked up since they were indicted in June of 2023. Krystal is out on pretrial conditions.
Jury trial set for September 9th at the federal courthouse in Pittsburgh, PA.
Case Summary
:{In the early hours of May 19th, 2023, heavily-armed agents raided the home of two Pittsburgh community members, Brian “Peppy” DiPippa and Krystal DiPippa. Nearly a month and a half later, they were both federally indicted, and on June 30th, they surrendered to the court. Krystal, who was released on probation the same day, faces charges of (1) conspiracy and (2) obstruction of law enforcement during civil disorder.
Peppy was detained and has remained imprisoned at the time of this writing (March 2024). He faces charges of (1) conspiracy, (2) obstruction of law enforcement during civil disorder, and (3) use of explosive to commit a federal felony. Peppy is incarcerated at a facility that does not provide any outdoor space whatsoever.}:
Because of the complicated nature of federal sentencing guidelines, we can’t know what the actual legal consequences are for these charges. Since our friends are being charged with conspiracy as co-defendants, they could face equal amounts of prison time in a range that could very well go beyond 10 years. We’ve been told that if convicted, Krystal’s sentence will probably be lower than Peppy’s.
The case against Peppy and Krystal (US v. DiPippa et al.) arose out of an April 18, 2023, demonstration against a University of Pittsburgh-sanctioned event promoting hatred toward transgender people and communities, featuring notorious transphobes Brad Polumbo and Michael Knowles on the question “should transgenderism be regulated by law?” The government alleges that in the protests outside the event, a “civil disorder” occurred, when one commercially available firework and two homemade “smoke bombs” were discharged. This “civil disorder” forms the context in which Krystal and Pep are charged. Click here for more specifics on the timeline and legal situation.
Analysis
The federal government’s targeting of Krystal and Peppy is political, plain and simple.
:{:{Even before the April 18th protest, FBI agents secretly followed our friends and used tactics straight out of the Counter Intelligence Program (COINTELPRO) playbook to manufacture justification for the May 19th raid. Amongst other stalking schemes, federal agents performed a warrantless search of Peppy and Krystal’s garbage, in which they allegedly found a discarded pamphlet about the movement to Stop Cop City}:. Direct from the government’s search warrant affidavit: “the “Defend the Atlanta Forest” movement has been active since approximately April 2021 and involves protesters unlawfully occupying a wooded area of land where the city plans to build a police training facility.”
In the unwarranted trash search, federal agencies allegedly found “a printed zine… discussing anarchist ideology.” It is important to note that in the affidavit for a search warrant, the FBI described their following of Peppy and Krystal beginning a week before the April 18th protest – that is, a week before any allegation of any law being broken. The FBI’s use of a Stop Cop City pamphlet to justify an aggressive raid on alleged Pittsburgh political activists draws a direct line from the federal crackdown on Atlanta-area organizers to the government’s national strategy of repression.}:
In its prosecution, the feds have continued trying to criminalize alleged political beliefs, retaliate for alleged participation in the April 18th protest, and intimidate others from protesting and/or supporting the rights and existence of transgender people. During court proceedings, the prosecution has continued to dramatize the political dimension of the case, and the judge cited these arguments in his Novemeber ruling to keep Peppy in pre-trial imprisonment with no possibility of bail. Specific criminal wrongdoing played a minimal role at that hearing: rather than dwelling on the state’s circumstantial evidence, the prosecution castigated Peppy for “a strongly held belief system that embraces anarchism” and for feeling “a sense of community, among anarchists.” The judge cited “sentiments supporting anarchism” as a key component to justify continued detention.
This political focus, which was already evident in the state’s earlier written filings and their use of the problematic acronym “AGAAVE” (anti-government and anti-authority violent extremist), continues a legacy of repression against perceived dissidents while showing anxiety about the strength of their evidence of criminal wrongdoing in this particular case.
Case Timeline and Details
Timeline (we will keep this updated as the case develops)
4/18/23: Transphobes speak at Pitt, community members protest.
5/19/23: With guns drawn, FBI agents along with police from various local agencies raid Peppy and Krystal’s home in the early morning. They were detained for several hours before being told they were free to leave.
6/29/23: Krystal and Peppy are notified by their lawyers that they are being federally indicted and are to turn themselves in the next day.
6/30/23: Krystal and Peppy surrender. They are held in custody until appearing before the magistrate to enter not guilty pleas. Peppy is ordered to remain in pretrial detention and taken to Butler County Prison. Krystal is granted pretrial release with conditions.
7/3/23: Hearing before the magistrate appealing the detention order. The appeal is denied and Peppy remains in custody.
10/26/23: Judge denies Peppy’s release from pretrial detention, with no bail option.
2/1/24: Counsel for Krystal and Peppy file extensive pre-trial motions requesting to review potential evidence, and for the court to discuss the case due to government misconduct and misapplication of statutes.
2/23/24: Judge grants the prosecution an extension and sets a revised timeline:
3/4/24: Government response to defense’s pre-trial motions due
3/11/24: Defense reply due
4/10/24: Decision from court
5/31/24: Rule 16 discovery and requested expert disclosures due
7/1/24: Expert Reports due
8/9/24: Government’s trial exhibits, exhibit list, witness list, and proposed jury instructions and verdict slip all due by
8/16/24: Objections and motions in limine due
8/23/24: responses to motions in limine due by
8/26/24: Rule 404(b) and Rule 609 material due
9/4/24: Pretrial Conference is set for
9/9/24: Jury Selection and Trial are set to begin on
Legal pre-trial arguments- Peppy
Peppy’s case, number 2:23-cr-00146-NR-1 (docket here), charges him with three counts: (1) 18 U.S.C. 371 conspiracy; (2) 18 U.S.C. 2 & 231(a)(3) obstruction of law enforcement during civil disorder; and (3) 18 U.S.C. 844(h)(1) use of explosive to commit a federal felony. He has filed two motions to dismiss.
2/1/24: The motion to dismiss the entire case due to Selective Prosecution states that prosecutors made the decision on the basis of alleged political beliefs and associations that are statutorily and constitutionally protected.The prosecution’s theory is that Mr. DiPippa holds “AGAAVE” (anti-government and anti-authority violent extremist) beliefs that merit prosecution. The FBI applies its “AGAAVE” acronym to people with ideological agendas derived from anti-government or anti-authority sentiment, including opposition to perceived economic, social, or racial hierarchies; or perceived government overreach, negligence, or illegitimacy.
The FBI defines Anarchist Violent Extremists as people “who oppose all forms of capitalism, globalization, and governing institutions which are perceived as harmful to society.”[1]
Peppy’s motion to Dismiss Count 2 (obstruction of law enforcement during civil disorder) argues that the civil disorder statute is overbroad and unconstitutionally vague because it’s imprecise; its subjective standards fail to provide fair notice to the public as to what is constitutionally protected and what criminalized; and it creates significant risk of arbitrary enforcement. The motion argues that statute’s phrasing is so broad and indefinite that it may interfere with and criminalize First Amendment protected speech and expressive activities.
Peppy also filed numerous motions related to discovery (the process of gathering and exchange of evidence). These include:· Moving to suppress electronic evidence or return of property seized in violation of the Fourth Amendment.· Asking the judge to order the government to reveal confidential informant(s) and any favorable treatment they have received from the government.· Asking the court to order federal and state investigative and law enforcement agents to produce: their notes; materials covered by Rule 16, such as surveillance (mail cover, electronic, photographic, mechanical, visual, aural or any other type) and all documents, photographs, and recordings; written or oral statements covered by the Jencks act[2]; evidence contemplated in Rule 404 and 609 covering acts of misconduct other than those specified in the indictment; and exculpatory evidence that could assist with the defense (otherwise known as Brady material).
Legal pre-trial arguments – Krystal
Krystal’s case, charges her with (1) 18 U.S.C. 371 conspiracy; and (2) 18 U.S.C. 2 & 231(a)(3) obstruction of law enforcement during civil disorder.
Krystal asked the court for all the motions Peppy filed to apply to her. Additionally, Krystal’s filings:
- :{Moved to dismiss the indictment, (need a direct url to court listener filing once it is showing on court listener -there were technical issues) arguing that the “obstruction of law enforcement during civil disorder” statute charges exceed the authority given to Congress. Congressional power is limited to regulating commerce between states and other things “necessary and proper” to executing that power.[3] Here, the motion alleges that the civil disorder statute impermissibly allows for federal criminal prosecution of intrastate, noneconomic activity, which is outside the limited scope of congressional authority to regulate commerce between the states.· Argued that the statute is impermissibly over-broad and criminalizes activities protected by the First Amendment.[4]·
- Asked for a bill of particulars to defend against the civil disorder charge. The purpose of this is to “inform the defendant of the charge against him (sic) with sufficient precision to allow him (sic) to prepare his (sic) defense.” The motion alleges that “[N]either the indictment or the indictment memorandum sufficiently states the government’s accusation as to the necessary element of interstate commerce, the element which would confer jurisdiction.” The motion asks the Court to require the government to explain how the allegations relate to interstate commerce, which is a requirement for jurisdiction to prosecute the case. · Filed a standard motion to know what evidence of her “character” the prosecution might use.[5]}:
The judge ordered the government to respond by 2/23/24, the defendants to respond by 3/1/24, and the court to respond by 3/30/24. Trial is likely to follow in the spring or summer of 2024. Note: the government asked for, and received, and extension for their response. See revised timeline.
[1] See, Department of Justice, Office of Inspector General Audit of the Department of Justice’s Strategy to Address the Domestic Violent Extremist Threat released in June 2023. Refer to Page 3, Figure 1.[2] More information on the Jencks Act is here.[3] Even though the conduct alleged does not seem to involve interstate commercial activity, the Commerce Clause is the legal basis for the statutes selected by the prosecutor. In reaction to the landmark Civil Rights Act of 1968 congressional conservatives demanded a reciprocal but conservative corollary and passed Section 231(a)(3) as a reactionary measure to punish protestors. Krystal’s filing questions the scope of Congress’s statutory ability to criminalize people who engage in protest. [4] For more context on how prosecutors have been using civil disturbance statutes from the Wounded Knee Occupation of 1973 to the George Floyd uprisings in 2020, see The Federal Government’s Aggressive Prosecution of Protestors, Lawfare, July 13, 2020.[5] This motion is pursuant to Federal Rule of Evidence 404(b), which is the federal rule detailing to the admissibility of evidence related to a defendant’s “character” at trial.
Write to Peppy
Let’s make sure Peppy knows just how much support he has from all over the country and all over the world! Whether you sit down and write him one evening or get together with friends and all send him letters of support and solidarity! Never forget just how much each and every letter will mean day after day, week after week!
To write to Peppy, address the mail to:
Butler County Prison
c/o Brian DiPippa
#42322 PO Box 9156
Seminole, FL 33775-9156
(All mail sent to the Butler County Prison has to get sent to that Florida spot where it’ll get scanned and then prisoners at Butler read it on a screen.)
Please be careful what you include in your letter to Peppy. Since he’s pre-trial and all mail will be monitored please don’t ask him about the case. Discussing any aspect of the case could come back to haunt him at any stage while the case is open. But don’t be afraid to let him know about a hike you just went on or a meal you just made with friends! The details of such events will help him get away from the isolation that he faces every day!
NYC ABC has a page on their website that serves as a great intro for anyone who has not written to a political prisoner before. Check it out before writing to Peppy for some helpful hints! nycabc.wordpress.com/write-a-letter/
As your’re sitting down to write that first letter to Peppy please know he’s looking forward to hearing from any and all supporters! And if you’re wondering what to write make note that Peppy really likes skateboarding, comedy, and uplifting and heartwarming stories. Autumn is his favorite season, so beautiful descriptions of the changing colors we see in Pittsburgh or wherever you may be writing him from would really hit the spot. As for Pittsburgh specifically and the aesthetically pleasing aspects of this city, he’d love to hear about your favorite spots. Maybe it’s one of the bridges or the city steps that go up hillsides! Peppy also likes hearing about and learning about people and places all over the globe. So, feel free to reach out and connect on any of those topics!
Solidarity!
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PITTSBURGH, Pa. - A husband and wife from Pittsburgh, Pennsylvania, have been sentenced in federal court for their convictions of obstructing law enforcement during a 2023 public gathering and protest, United States Attorney Eric G. Olshan announced today.
United States District Judge J. Nicholas Ranjan imposed the sentences on Brian DiPippa, 37, and his wife Krystal DiPippa, 42, sentencing Brian to five years in prison and Krystal to three years of probation. The DiPippas also were ordered to jointly pay restitution to the University of Pittsburgh in the amount of $1,400, along with $47,284 to a University of Pittsburgh Police officer for financial damages the officer suffered from injuries caused by the DiPippas’s actions.
According to information presented to the Court, the DiPippas participated in an April 2023 protest on the University of Pittsburgh campus, during which Brian ignited and dropped two homemade incendiary smoke devices in and around a line of people waiting to enter a building for a scheduled event featuring guest speakers. When university police officers gathered and formed a barrier to prevent protesters from entering the rear of the building, Brian, concealed by Krystal, ignited and threw a large explosive firework into the group of officers, causing a loud explosion and injuries to several officers.
“The DiPippas conspired to injure law enforcement officers and cause chaos at a college campus protest,” said U.S. Attorney Olshan. “They attacked brave men and women who were trying to maintain order and protect the attendees. Today’s sentencings—and particularly the years of incarceration imposed on Brian DiPippa—should serve as a deterrent for anyone who would consider engaging in such outrageous and dangerous conduct in the future.”
“The individuals sentenced today deployed explosive devices that injured police officers who were working to maintain order and protect public safety,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “These sentencings send a clear message that the FBI and our partners will use all available tools to bring to justice those who seek to injure, maim, or attack law enforcement officers. The FBI and our Joint Terrorism Task Force partners across the country stand committed to our mission of protecting the American people and upholding the Constitution.”
Assistant United States Attorney Shaun E. Sweeney prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation; Federal Bureau of Investigation Joint Terrorism Task Force, of which the University of Pittsburgh Police is a member; Bureau of Alcohol, Tobacco, Firearms and Explosives, and Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of the DiPippas.
Updated January 6, 2025
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