There have been a lot of articles across the internet about the attack on my First Amendment rights by the Department of Justice (DOJ). I have been getting questions about how I learned about the motion and my initial thoughts on the DOJ’s action. Instead of repeating my story over and over, I decided to lay out everything in an article on AmmoLand News, where readers can find all my writings.
On Monday night, a close friend and one of my lawyers, Stephen Stamboulieh, contacted me because my name appeared up in a motion in the AutoKeyCard case. The case was an ATF action against Kristopher Justin Ervin and Matthew Hoover (aka CRS Firearms). Ervin sold a novelty card with a drawing of a lightning link etch onto its surface. Even though the lightning link on the card was not the correct dimensions and did not function as a lightning link, the government secured a guilty verdict. I have been critical of the government and the prosecutor, Assistant U.S. Attorney Laura Cofer Taylor.
Stamboulieh sent the motion to me and my other friend and attorney, Robert Olson. Both attorneys started going through the motion that night. One thing was clear. The government was trying to silence me and my friend Richard Hughes. Hughes runs a YouTube channel called FlyingRich and co-hosts a podcast with me called John Crump Live.
A week before the order was issued, Matthew Hoover shared his presentencing report (PSR) with Rich and me and permitted us to share it on YouTube. Nothing in the report was groundbreaking. In fact, it wasn’t even worthy of an article. It was shared with Hughes and me to let the public know what sentences Hoover and Ervin are likely facing. As journalists, both myself and Hughes face daily questions about the sentencing. None of this information was secret or confidential. Yet the AUSA decided to use the dissemination of the report to try to shut my reporting down and order me and Hughes to destroy the documents we had in our possession.
Ms. Taylor tried to claim that the purpose of my reporting was to create vitriol toward her personally. Her evidence was comments left by viewers on my videos. My reporting has been accurate and factual. She tried to disparage me by claiming I was not a real journalist. She claims that I am a “YouTube personality” even though I am a writer first and foremost. I believe this was done to remove my protections as a reporter. I didn’t delete negative comments on my videos because I am a free-speech absolutist. I have never deleted a comment on my YouTube channel, even if they are directed at me. I will not abandon my ethics to make a thin-skinned government employee happy.
Last Tuesday morning, shortly before 8 AM, Rob called me and asked me if I was ready to fight back. The answer was never in question. I was absolutely prepared for a fight if needed. If the motion was to intimidate me, then it failed. Later on, we added James Philips to the legal team. Since no one notified me that the government was trying to silence me, my attorneys started preparing a motion to intervene. The government was sorely mistaken if they thought they could silence me without a fight.
This fight wasn’t about me and Rich. It was about freedom of the press. If the government could silence me, then I am sure they would target others in the firearms community and beyond.
I do not think the government thought I could mount a capable defense, much less bring some of the best attorneys in the country to fight their unconstitutional motion. I could have rolled the dice and hoped the judge ruled in my favor, or I could prepare a defense. The issue was big enough that I wasn’t ready to leave anything to chance.
The lawyers would do my case pro bono over my objections because they thought the AUSA’s actions were so egregious, but that was about to change. Late Tuesday, I was talking to Aidan Johnston of Gun Owners of America (GOA). Aidan is the Director of Federal Affairs. He is the top lobbyist for GOA and does excellent work on Capitol Hill. I mentioned that Rob, Stephen, and James were defending my First Amendment rights. Aidan was incensed over the AUSA’s actions and said he thought GOA would want to help me out since my legal team also works with GOA.
The following day Aidan informed me GOA decided to cover all the legal bills meaning my lawyers wouldn’t have to work for free. They also agreed to help me in any other way I needed. Later, the motion to intervene was filed, and we went public. Only a very few people knew the motion was coming. The motion brilliantly laid out case law and the First Amendment arguments.
The next day Stephen was on a plane flying from Virginia to Florida to appear on my behalf in court. At the same time, Attorneys Ron Shook and Eric Friday started working on writing an Amicus brief for some of the biggest YouTubers on the platform. I know most of those that signed, and I want to thank every single one of those journalists. Although I consider most friends, I know they signed it to stand up for Freedom of The Press.
With the Amicus brief now filed and my legal team in place, we were prepared to defend the First Amendment. After the DOJ refused to let the judge ask AUSA Cofer Taylor questions, they could see the writing on the wall. Instead of taking the loss, the government withdrew its motion to moot my challenge and the Amicus brief.
In the days after the motion, the Streisand effect took place. More people than ever know about the case and the government’s attempt to silence journalists. I believe the government didn’t think I would stand up to their bullying tactics, but I knew I had a great legal team, the might of GOA, the support of viewers and readers, and the AmmoLand News family standing behind me. I would never back down and was prepared to appeal if we lost.
Unfortunately, I don’t think this will be the last time we see these tactics being used, but we must continue to call out injustice wherever we see it.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
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