Federal Judge Refuses to Toss Indictment Over Synagogue Threat Post
Judge Virginia Kendall denied Timothy Holmes' motion to dismiss his indictment for allegedly threatening to shoot up a synagogue on X.
In a decision by Judge Virginia Kendall, the court rejected Timothy Holmes' request to throw out his indictment for transmitting a threat to injure another person via interstate communications. The indictment, returned by a grand jury on April 7, 2026, charges Holmes with violating 18 U.S.C. § 875(c) after he posted, “I’m going to shoot up a synagogue,” in response to a State of Israel tweet. Holmes contended the remark lacked specificity and was protected political hyperbole, but the judge ruled those defenses pertain to the substantive merits, not to whether the indictment is legally sufficient.
The complaint also references Holmes' earlier anti-Jewish statements on his X account. Consequently, the prosecution will move forward toward trial.
Why it matters
The ruling allows a federal threat prosecution to proceed, highlighting limits on claiming online speech is merely political hyperbole.
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