Doing Hard Time For Writing A Book

Robert Ivers' case shows the perils of running afoul of the federal judiciary, which has used its power to jail him without bond because he wrote a book called,"How to Kill a Federal Judge."

Robert Phillip Ivers, a 72-year-old man in poor health, is locked in a federal prison in Minnesota because he wrote a book that makes federal judges feel uncomfortable.

The book - which Ivers wrote by hand in a spiral notebook, is entitled, “How to Kill a Federal Judge.”

Brett D. Kelley, who has been appointed to serve as Ivers’ court-appointed attorney, recently filed a motion for a “bill of particulars” to force prosecutors to specify exactly what Ivers did that violates federal law.

Kelley is considering filing a motion to dismiss the charges against Ivers as a violation of his First Amendment right to free speech.

The Supreme Court ruled in Brandenburg v. Ohio (1969) that speech is protected unless “it intends to incite imminent harm and is likely to produce it.” Kelley said Ivers’ manuscript was introduced as evidence in a 2022 federal case in which charges against Ivers were dismissed. Ivers alleged threats seems far from “imminent.”

“Ivers poses no threat,” said Kelley, who described Ivers is an intelligent man who has written and illustrated at least two other self-published books.

Could Ivers just be an old man with a volcanic temper who is prone to hyperbole?

Kelley expressed concern that Ivers’ has suffered several heart-related problems in recent years, and characterized Iver’s health as failing.

A New Judge

Meanwhile, Ivers ‘ case has been transferred away from Minnesota judges to Senior U.S. District Judge Karen F. Schreier of South Dakota for apparent conflict of interest reasons.

Reuters reports that Schreier, who is semi-retired, was appointed in May to lead a newly formed “Judicial Security and Independence Task Force.” It was created by the Administrative Office of the U.S. Courts to protect judges from demands by Republican lawmakers to limit the reach of judges rulings, threats to reduce the judiciary’s funding, and calls to impeach judges who rule against the GOP Trump administration.

Initially, the task force was chaired by Baltimore-based U.S. District Judge James Bredar, a nominee of Democrat Barack Obama. It’s not clear why Bredar stepped down after only a couple of months.

Schreier, who was nominated by Democratic President Bill Clinton, also serves as the leaders of a private 1,100 member advocacy group, the Federal Judges Association, a 501(c)(6) non-profit organization that works to support the judiciary “through advocacy, community building, and public outreach”

The First Amendment

It should not be arguable that every American has a First Amendment right to author a disturbing and profoundly unpleasant book.

Past books have been written that are akin to Ivers’ but have not led to criminal prosecutions and jail. These include titles like The Anarchists Cookbook, which describes how to make weaponry to revolt, and Hitman, a primer on how to kill people for money. The major difference from those books and Ivers’ is that his book focuses on federal judges, who are among the most powerful and privileged people in America.

Federal judges have lifetime tenure, virtually unchecked power, and they are unaccountable to the public.

Minnesota U.S. Attorney Joseph H. Thompson claims Ivers “manifesto” contains “threats to kill judges, as well as their children and pets. Ivers made clear his purpose was to instill fear.”

Police arrested Ivers on Sept. 5 and he was charged on Sept. 9 with threatening to assault and murder a federal judge. Conviction could potentially result in decades in prison. Because of his supposed threat, he was jailed without the opportunity to post bond.

In 2019, Ivers served two years in prison after being convicted of verbally threatening to kill U.S. District Judge Wilhelmina Wright after she dismissed his civil case to force an insurance company to pay him $100,000 from a policy that designated him as the beneficiary. Ivers, who was self-represented, said he was unfairly treated, and the dismissal ruined his life.

Upon release from jail, he was immediately sent back to jail for two years for violating his probation for threatening a probation officer.

Ivers most recently came to the police’s attention when he printed out his book at Wayzata Library and showed the librarians a promotional flyer. The librarians reported him to authorities.

The U.S. Marshals Service says it has logged 562 threats against federal judges so far this year. No one outside the judiciary can assess the seriousness of these threats -compared to, for example, threats received by state and local judges - because the third branch operates in almost total secrecy.

The federal government spent $805.9 million for court security in FY 2025. For the coming year, the judiciary is requesting $892 million, which represents a 19% increase to cover cybersecurity enhancements and additional security measures.

Meanwhile, Ivers sits in jail.

“They want to put him away. They want him off the streets,” said Kelley.