Anonymous Submission to Jersey Counter-Info
More information on how to support Peppy and Krystal can be found on their support site.
Peppy and Krystal are two Pittsburgh community activists who are facing trumped up political charges on the federal level. Peppy has been locked up since they were indicted in June of 2023. Krystal is out on pretrial conditions.
Jury trial set for September 9th at the federal courthouse in Pittsburgh, PA.
Case Summary
In the early hours of May 19th, 2023, heavily-armed agents raided the home of two Pittsburgh community members, Brian “Peppy” DiPippa and Krystal DiPippa. Nearly a month and a half later, they were both federally indicted, and on June 30th, they surrendered to the court. Krystal, who was released on probation the same day, faces charges of (1) conspiracy and (2) obstruction of law enforcement during civil disorder. Peppy was detained and has remained imprisoned at the time of this writing (March 2024). He faces charges of (1) conspiracy, (2) obstruction of law enforcement during civil disorder, and (3) use of explosive to commit a federal felony. Peppy is incarcerated at a facility that does not provide any outdoor space whatsoever.
Because of the complicated nature of federal sentencing guidelines, we can’t know what the actual legal consequences are for these charges. Since our friends are being charged with conspiracy as co-defendants, they could face equal amounts of prison time in a range that could very well go beyond 10 years. We’ve been told that if convicted, Krystal’s sentence will probably be lower than Peppy’s.
The case against Peppy and Krystal (US v. DiPippa et al.) arose out of an April 18, 2023, demonstration against a University of Pittsburgh-sanctioned event promoting hatred toward transgender people and communities, featuring notorious transphobes Brad Polumbo and Michael Knowles on the question “should transgenderism be regulated by law?” The government alleges that in the protests outside the event, a “civil disorder” occurred, when one commercially available firework and two homemade “smoke bombs” were discharged. This “civil disorder” forms the context in which Krystal and Pep are charged. Click here for more specifics on the timeline and legal situation.
Analysis
The federal government’s targeting of Krystal and Peppy is political, plain and simple.
Even before the April 18th protest, FBI agents secretly followed our friends and used tactics straight out of the Counter Intelligence Program (COINTELPRO) playbook to manufacture justification for the May 19th raid. Amongst other stalking schemes, federal agents performed a warrantless search of Peppy and Krystal’s garbage, in which they allegedly found a discarded pamphlet about the movement to Stop Cop City. Direct from the government’s search warrant affidavit: “the “Defend the Atlanta Forest” movement has been active since approximately April 2021 and involves protesters unlawfully occupying a wooded area of land where the city plans to build a police training facility.” In the unwarranted trash search, federal agencies allegedly found “a printed zine… discussing anarchist ideology.” It is important to note that in the affidavit for a search warrant, the FBI described their following of Peppy and Krystal beginning a week before the April 18th protest – that is, a week before any allegation of any law being broken. The FBI’s use of a Stop Cop City pamphlet to justify an aggressive raid on alleged Pittsburgh political activists draws a direct line from the federal crackdown on Atlanta-area organizers to the government’s national strategy of repression.
In its prosecution, the feds have continued trying to criminalize alleged political beliefs, retaliate for alleged participation in the April 18th protest, and intimidate others from protesting and/or supporting the rights and existence of transgender people. During court proceedings, the prosecution has continued to dramatize the political dimension of the case, and the judge cited these arguments in his Novemeber ruling to keep Peppy in pre-trial imprisonment with no possibility of bail. Specific criminal wrongdoing played a minimal role at that hearing: rather than dwelling on the state’s circumstantial evidence, the prosecution castigated Peppy for “a strongly held belief system that embraces anarchism” and for feeling “a sense of community, among anarchists.” The judge cited “sentiments supporting anarchism” as a key component to justify continued detention.
This political focus, which was already evident in the state’s earlier written filings and their use of the problematic acronym “AGAAVE” (anti-government and anti-authority violent extremist), continues a legacy of repression against perceived dissidents while showing anxiety about the strength of their evidence of criminal wrongdoing in this particular case.
Case Timeline and Details
Timeline (we will keep this updated as the case develops)
4/18/23: Transphobes speak at Pitt, community members protest.
5/19/23: With guns drawn, FBI agents along with police from various local agencies raid Peppy and Krystal’s home in the early morning. They were detained for several hours before being told they were free to leave.
6/29/23: Krystal and Peppy are notified by their lawyers that they are being federally indicted and are to turn themselves in the next day.
6/30/23: Krystal and Peppy surrender. They are held in custody until appearing before the magistrate to enter not guilty pleas. Peppy is ordered to remain in pretrial detention and taken to Butler County Prison. Krystal is granted pretrial release with conditions.
7/3/23: Hearing before the magistrate appealing the detention order. The appeal is denied and Peppy remains in custody.
10/26/23: Judge denies Peppy’s release from pretrial detention, with no bail option.
2/1/24: Counsel for Krystal and Peppy file extensive pre-trial motions requesting to review potential evidence, and for the court to discuss the case due to government misconduct and misapplication of statutes.
2/23/24: Judge grants the prosecution an extension and sets a revised timeline:
3/4/24: Government response to defense’s pre-trial motions due
3/11/24: Defense reply due
4/10/24: Decision from court
5/31/24: Rule 16 discovery and requested expert disclosures due
7/1/24: Expert Reports due
8/9/24: Government’s trial exhibits, exhibit list, witness list, and proposed jury instructions and verdict slip all due by
8/16/24: Objections and motions in limine due
8/23/24: responses to motions in limine due by
8/26/24: Rule 404(b) and Rule 609 material due
9/4/24: Pretrial Conference is set for
9/9/24: Jury Selection and Trial are set to begin on
Legal pre-trial arguments- Peppy
Peppy’s case, number 2:23-cr-00146-NR-1 (docket here), charges him with three counts: (1) 18 U.S.C. 371 conspiracy; (2) 18 U.S.C. 2 & 231(a)(3) obstruction of law enforcement during civil disorder; and (3) 18 U.S.C. 844(h)(1) use of explosive to commit a federal felony. He has filed two motions to dismiss.
2/1/24: The motion to dismiss the entire case due to Selective Prosecution states that prosecutors made the decision on the basis of alleged political beliefs and associations that are statutorily and constitutionally protected.The prosecution’s theory is that Mr. DiPippa holds “AGAAVE” (anti-government and anti-authority violent extremist) beliefs that merit prosecution. The FBI applies its “AGAAVE” acronym to people with ideological agendas derived from anti-government or anti-authority sentiment, including opposition to perceived economic, social, or racial hierarchies; or perceived government overreach, negligence, or illegitimacy.
The FBI defines Anarchist Violent Extremists as people “who oppose all forms of capitalism, globalization, and governing institutions which are perceived as harmful to society.”[1]
Peppy’s motion to Dismiss Count 2 (obstruction of law enforcement during civil disorder) argues that the civil disorder statute is overbroad and unconstitutionally vague because it’s imprecise; its subjective standards fail to provide fair notice to the public as to what is constitutionally protected and what criminalized; and it creates significant risk of arbitrary enforcement. The motion argues that statute’s phrasing is so broad and indefinite that it may interfere with and criminalize First Amendment protected speech and expressive activities.
Peppy also filed numerous motions related to discovery (the process of gathering and exchange of evidence). These include:· Moving to suppress electronic evidence or return of property seized in violation of the Fourth Amendment.· Asking the judge to order the government to reveal confidential informant(s) and any favorable treatment they have received from the government.· Asking the court to order federal and state investigative and law enforcement agents to produce: their notes; materials covered by Rule 16, such as surveillance (mail cover, electronic, photographic, mechanical, visual, aural or any other type) and all documents, photographs, and recordings; written or oral statements covered by the Jencks act[2]; evidence contemplated in Rule 404 and 609 covering acts of misconduct other than those specified in the indictment; and exculpatory evidence that could assist with the defense (otherwise known as Brady material).
Legal pre-trial arguments – Krystal
Krystal’s case, charges her with (1) 18 U.S.C. 371 conspiracy; and (2) 18 U.S.C. 2 & 231(a)(3) obstruction of law enforcement during civil disorder.
Krystal asked the court for all the motions Peppy filed to apply to her. Additionally, Krystal’s filings:
· Moved to dismiss the indictment, (need a direct url to court listener filing once it is showing on court listener -there were technical issues) arguing that the “obstruction of law enforcement during civil disorder” statute charges exceed the authority given to Congress. Congressional power is limited to regulating commerce between states and other things “necessary and proper” to executing that power.[3] Here, the motion alleges that the civil disorder statute impermissibly allows for federal criminal prosecution of intrastate, noneconomic activity, which is outside the limited scope of congressional authority to regulate commerce between the states.· Argued that the statute is impermissibly over-broad and criminalizes activities protected by the First Amendment.[4]· Asked for a bill of particulars to defend against the civil disorder charge. The purpose of this is to “inform the defendant of the charge against him (sic) with sufficient precision to allow him (sic) to prepare his (sic) defense.” The motion alleges that “[N]either the indictment or the indictment memorandum sufficiently states the government’s accusation as to the necessary element of interstate commerce, the element which would confer jurisdiction.” The motion asks the Court to require the government to explain how the allegations relate to interstate commerce, which is a requirement for jurisdiction to prosecute the case. · Filed a standard motion to know what evidence of her “character” the prosecution might use.[5]
The judge ordered the government to respond by 2/23/24, the defendants to respond by 3/1/24, and the court to respond by 3/30/24. Trial is likely to follow in the spring or summer of 2024. Note: the government asked for, and received, and extension for their response. See revised timeline.
[1] See, Department of Justice, Office of Inspector General Audit of the Department of Justice’s Strategy to Address the Domestic Violent Extremist Threat released in June 2023. Refer to Page 3, Figure 1.[2] More information on the Jencks Act is here.[3] Even though the conduct alleged does not seem to involve interstate commercial activity, the Commerce Clause is the legal basis for the statutes selected by the prosecutor. In reaction to the landmark Civil Rights Act of 1968 congressional conservatives demanded a reciprocal but conservative corollary and passed Section 231(a)(3) as a reactionary measure to punish protestors. Krystal’s filing questions the scope of Congress’s statutory ability to criminalize people who engage in protest. [4] For more context on how prosecutors have been using civil disturbance statutes from the Wounded Knee Occupation of 1973 to the George Floyd uprisings in 2020, see The Federal Government’s Aggressive Prosecution of Protestors, Lawfare, July 13, 2020.[5] This motion is pursuant to Federal Rule of Evidence 404(b), which is the federal rule detailing to the admissibility of evidence related to a defendant’s “character” at trial.
Write to Peppy
Let’s make sure Peppy knows just how much support he has from all over the country and all over the world! Whether you sit down and write him one evening or get together with friends and all send him letters of support and solidarity! Never forget just how much each and every letter will mean day after day, week after week!
To write to Peppy, address the mail to:
Butler County Prison
c/o Brian DiPippa
#42322 PO Box 9156
Seminole, FL 33775-9156
(All mail sent to the Butler County Prison has to get sent to that Florida spot where it’ll get scanned and then prisoners at Butler read it on a screen.)
Please be careful what you include in your letter to Peppy. Since he’s pre-trial and all mail will be monitored please don’t ask him about the case. Discussing any aspect of the case could come back to haunt him at any stage while the case is open. But don’t be afraid to let him know about a hike you just went on or a meal you just made with friends! The details of such events will help him get away from the isolation that he faces every day!
NYC ABC has a page on their website that serves as a great intro for anyone who has not written to a political prisoner before. Check it out before writing to Peppy for some helpful hints! nycabc.wordpress.com/write-a-letter/
As your’re sitting down to write that first letter to Peppy please know he’s looking forward to hearing from any and all supporters! And if you’re wondering what to write make note that Peppy really likes skateboarding, comedy, and uplifting and heartwarming stories. Autumn is his favorite season, so beautiful descriptions of the changing colors we see in Pittsburgh or wherever you may be writing him from would really hit the spot. As for Pittsburgh specifically and the aesthetically pleasing aspects of this city, he’d love to hear about your favorite spots. Maybe it’s one of the bridges or the city steps that go up hillsides! Peppy also likes hearing about and learning about people and places all over the globe. So, feel free to reach out and connect on any of those topics!
Solidarity!