Two Virginian men pleaded no contest Friday to creating and disseminating a robocall intended to deter Black people from participating in absentee voting in Detroit in the 2020 election, according to the Attorney General’s Office.
Conservative activists John Burkman, 59, and Jacob Wohl, 27, pleaded no contest as charged to bribing/intimidating voters, conspiracy to commit an election law violation, using a computer to intimidate voters and using a computer to commit a conspiracy crime.
The charges are tied to a 2020 robocall that asserted individuals voting by mail would have their information entered into a database that could be used to track individuals with warrants, collect on credit card debt or find individuals for mandatory vaccines.
“After five years, I’m glad this case has finally reached a resolution,” Attorney General Dana Nessel said in a statement. “Deceptive and racially targeted suppression schemes will not be tolerated in Michigan. My office will continue to pursue and prosecute voter intimidation, no matter how long it takes, to ensure that Michiganders can exercise their right to vote free from fear and deception.”
The cases against Burkman and Wohl have been up and down the appeals courts several times.
Burkman and Wohl challenged their bindover to circuit court, arguing their actions didn’t meet the legal threshold of an attempt to influence votes by “bribery, menace, or other corrupt means or device” needed to bring the charge. They also argued, if their actions did meet that threshold, then the law violated their constitutional right to free speech.
The Michigan Court of Appeals declined to hear the case initially, but the Michigan Supreme Court sent it back to them to hear arguments. The Court of Appeals found the AG’s office used the statute in a constitutionally appropriate way.
Burkman and Wohl appealed that ruling to the Michigan Supreme Court, which upheld the validity of the statute and sent the case back to the Court of Appeals to ensure it did not ensnare constitutionally protected speech. The Court of Appeals found the Burkman and Wohl’s actions were not constitutionally protected speech.
Bill Amadeo, Wohl’s attorney, said with the sentencing agreement that came with the plea, Wohl will not have to serve any time in jail or prison. The agreement calls for one year of probation, which was a significant consideration when Wohl decided to plea no contest, Amadeo said.
“We weren’t sure if the U.S. Supreme Court was going to hear the case,” Amadeo said. “Part of the plea was that they’d give up their rights to appeal. They’re not going to the U.S. Supreme Court now, they kind of traded that for the deal of no incarceration.”
Authorities in New York, Pennsylvania, Ohio and Illinois reported similar robocalls to residents in urban areas with significant minority populations, Michigan Attorney General Dana Nessel’s office said. Investigators allege more than 85,000 messages were sent nationwide.
A federal judge ordered Wohl and Burkman days before the Nov. 3, 2020 presidential election to make curative calls dispelling the misinformation. The judge rejected arguments from Burkman and Wohl that their claims were protected under the First Amendment.
Wohl and Burkman pleaded guilty in Ohio to telecommunications fraud in another case related to the robocalls. They were both sentenced to two years of probation and were required to complete 500 hours of community service at a voter registration drive targeting low- and middle-income voters.
Burkman’s attorney, Scott Grabel, did not immediately respond for comment.
kberg@detroitnews.com
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