Intelligent Party
2021-11-20 08:58:34 UTC
MIAMI.CBSLOCAL.COM
Florida Man Daniel Baker Found Guilty In State Capitol Plot
CBSMiami.com Team
TALLAHASSEE (CBSMiami/NSF) – A Tallahassee man who was arrested in
January for plotting to violently confront would-be protesters at the
Florida Capitol was found guilty Thursday on federal charges.
Daniel Baker, who made online posts about confronting supporters of
former President Donald Trump during an expected protest at the state
Capitol, was convicted on two counts of sending, in interstate
commerce, a true threat to kidnap or injure.
READ MORE: Bad Weather Can Mean Bad News For Miami Water & Sewer
During a trial that lasted about two and a half days, Baker's defense
argued that the series of social media posts that led to his arrest
were "jokes." Federal prosecutors set out to prove that "inflammatory
rhetoric" Baker posted online constituted a true threat.
Ultimately, the 12-person jury returned a guilty verdict after roughly
four hours of deliberation.
The case centered largely on the content of a flyer that Baker posted
to Facebook and other social media sites in January, issuing a "call
to arms" for others to join him and "encircle terrorists who attack
the Capitol" on President Joe Biden's inauguration day.
The FBI had been aware of Baker's social media threats since October,
according to court documents.
The posts were made amid heightened security at the state Capitol,
with Gov. Ron DeSantis mobilizing the Florida National Guard to assist
state and local law enforcement. But the anticipated protest by Trump
supporters never materialized.
Repeatedly describing himself as a "leftist," Baker testified this
week that he was attempting to "inspire the community to defend
itself, to defend the (Florida) Capitol" and the country after Trump
supporters stormed the U.S. Capitol on Jan. 6.
"This is an armed COUP and can only be stopped by an armed community!
If you're afraid to die fighting the enemy, stay in bed and live," the
flyer said in part.
Randolph Murrell, Baker's public defender, described Baker's posts as
reckless and careless but argued that Baker thought what he was doing
was legal and that he wasn't being serious.
"A lot of these were jokes, a lot of these were clearly over the top,"
Murrell said in his closing argument.
Baker, when questioned by Murrell while testifying, said his posts
were "almost exclusively jokes," aimed at depicting an "ironic parody
of a left-wing caricature."
Baker testified that his posts were not aimed at threatening potential
right-wing protesters because his Facebook profile was set to private
and he was only communicating with other "leftists" who he had
"screened."
READ MORE: University Of Miami Law Students Help Exonerate Wrongfully
Convicted Florida Man
The defense also attempted to downplay prosecutors' argument that
Baker was actively recruiting people to join him in taking up arms
against would-be protesters,
But the prosecution countered by arguing that a publicly viewable
Facebook event that Baker created, titled "DEFEND TALLAHASSEE," could
reasonably be seen as a threat.
Florida Man Daniel Baker Found Guilty In State Capitol Plot
CBSMiami.com Team
TALLAHASSEE (CBSMiami/NSF) – A Tallahassee man who was arrested in
January for plotting to violently confront would-be protesters at the
Florida Capitol was found guilty Thursday on federal charges.
Daniel Baker, who made online posts about confronting supporters of
former President Donald Trump during an expected protest at the state
Capitol, was convicted on two counts of sending, in interstate
commerce, a true threat to kidnap or injure.
READ MORE: Bad Weather Can Mean Bad News For Miami Water & Sewer
During a trial that lasted about two and a half days, Baker's defense
argued that the series of social media posts that led to his arrest
were "jokes." Federal prosecutors set out to prove that "inflammatory
rhetoric" Baker posted online constituted a true threat.
Ultimately, the 12-person jury returned a guilty verdict after roughly
four hours of deliberation.
The case centered largely on the content of a flyer that Baker posted
to Facebook and other social media sites in January, issuing a "call
to arms" for others to join him and "encircle terrorists who attack
the Capitol" on President Joe Biden's inauguration day.
The FBI had been aware of Baker's social media threats since October,
according to court documents.
The posts were made amid heightened security at the state Capitol,
with Gov. Ron DeSantis mobilizing the Florida National Guard to assist
state and local law enforcement. But the anticipated protest by Trump
supporters never materialized.
Repeatedly describing himself as a "leftist," Baker testified this
week that he was attempting to "inspire the community to defend
itself, to defend the (Florida) Capitol" and the country after Trump
supporters stormed the U.S. Capitol on Jan. 6.
"This is an armed COUP and can only be stopped by an armed community!
If you're afraid to die fighting the enemy, stay in bed and live," the
flyer said in part.
Randolph Murrell, Baker's public defender, described Baker's posts as
reckless and careless but argued that Baker thought what he was doing
was legal and that he wasn't being serious.
"A lot of these were jokes, a lot of these were clearly over the top,"
Murrell said in his closing argument.
Baker, when questioned by Murrell while testifying, said his posts
were "almost exclusively jokes," aimed at depicting an "ironic parody
of a left-wing caricature."
Baker testified that his posts were not aimed at threatening potential
right-wing protesters because his Facebook profile was set to private
and he was only communicating with other "leftists" who he had
"screened."
READ MORE: University Of Miami Law Students Help Exonerate Wrongfully
Convicted Florida Man
The defense also attempted to downplay prosecutors' argument that
Baker was actively recruiting people to join him in taking up arms
against would-be protesters,
But the prosecution countered by arguing that a publicly viewable
Facebook event that Baker created, titled "DEFEND TALLAHASSEE," could
reasonably be seen as a threat.
Assistant U.S. Attorney Stephen Kunz pointed to Baker's prior military
training and knowledge of weapons in arguing that Baker "had a means
to carry out his threats."
Baker served in the military for roughly a year until 2007, before
receiving an "other-than-honorable" discharge, according to
information published by the U.S. Attorney's Office in January. After
being discharged, Baker joined a group fighting in Syria against ISIS
and the Turkish government.
Prosecutors displayed social-media messages sent by Baker, in which he
claimed to have killed 16 people during his time fighting in Syria.
"I made that up. I was just talking big," Baker said when questioned
about the claim.
Murrell repeatedly cited Baker's small stature, at 5 feet, 3 inches
tall and about 130 pounds, saying Baker suffered bullying growing up
and that he "talks tough to offset his size disadvantage."
But Assistant U.S. Attorney Lazaro Fields said Baker "knew exactly
what he was doing because he knew his capabilities."
Baker appeared to show no emotion following the guilty verdict
Thursday. Murrell and friends of Baker who testified in his defense
declined to comment on the verdict outside of the federal courthouse.
U.S. District Judge Allen Winsor set a sentencing hearing for Baker on
Aug. 16. Court officials said in January that Baker faced a maximum of
five years in prison and a $250,000 fine.
When asked Thursday what penalty Baker could face following the trial,
Murrell said he hadn't "figured that out yet."
MORE NEWS: Online Threats Continue At South Florida Schools, Campaign
Hopes To Make Students Think Twice Before Posting
Copyright 2021 CBS Local Media. All rights reserved. This material may
not be published, broadcast, rewritten, or redistributed. The News
Service of Florida's Ryan Dailey contributed to this report.)
If you rape my daughter I'll kill you. Threatening to defend people against crimetraining and knowledge of weapons in arguing that Baker "had a means
to carry out his threats."
Baker served in the military for roughly a year until 2007, before
receiving an "other-than-honorable" discharge, according to
information published by the U.S. Attorney's Office in January. After
being discharged, Baker joined a group fighting in Syria against ISIS
and the Turkish government.
Prosecutors displayed social-media messages sent by Baker, in which he
claimed to have killed 16 people during his time fighting in Syria.
"I made that up. I was just talking big," Baker said when questioned
about the claim.
Murrell repeatedly cited Baker's small stature, at 5 feet, 3 inches
tall and about 130 pounds, saying Baker suffered bullying growing up
and that he "talks tough to offset his size disadvantage."
But Assistant U.S. Attorney Lazaro Fields said Baker "knew exactly
what he was doing because he knew his capabilities."
Baker appeared to show no emotion following the guilty verdict
Thursday. Murrell and friends of Baker who testified in his defense
declined to comment on the verdict outside of the federal courthouse.
U.S. District Judge Allen Winsor set a sentencing hearing for Baker on
Aug. 16. Court officials said in January that Baker faced a maximum of
five years in prison and a $250,000 fine.
When asked Thursday what penalty Baker could face following the trial,
Murrell said he hadn't "figured that out yet."
MORE NEWS: Online Threats Continue At South Florida Schools, Campaign
Hopes To Make Students Think Twice Before Posting
Copyright 2021 CBS Local Media. All rights reserved. This material may
not be published, broadcast, rewritten, or redistributed. The News
Service of Florida's Ryan Dailey contributed to this report.)
is not crime. It's freedom of speech, and the people persecuting this man are
guilty for perpetration under color of law. The government should walk softly and
carry a big stick. It should not get away with such kinds of evil. The charges
are crime in my mind, and always will be. The government's punishments will
convince of nothing but that it is more guilty and criminal. Everything he said
is semantics and you don't know what he said.
Advocating crime is 100% legal if it is not imminent lawless action under the
Brandenburg test. We demand this man receive $10,000 for every day incarcerated,
and $1,000 for every day since the deceitful wrongful charges were filed. And the
1st Amendment does not say except for threats, it says NO LAW!
WE CONDEMN THE GOVERNMENT, WE CONDEMN THE COURTS, AND IF YOU COME HERE TO ARREST
ME, YOU'RE COMING TO COMMIT PREMEDITATED MURDER WITH DELIBERATIVE AFORETHOUGHT,
BECAUSE YOU'LL NEVER TAKE ME ALIVE! THAT IS A THREAT!