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Caporusso was arrested last August and reached a deal with the government in April in which he pleaded guilty to one count of influence, obstruction or retaliation against a federal official by threat.
The sentence was handed down by U.S. District Judge Trevor McFadden, appointed by Donald Trump and colleague of the threatened judge, at the Federal Courthouse in Washington.
McFadden said the threatening message was “nothing less than an attack on our system of government”.
In a May 14, 2020 message left on the voice mail of US District Judge Emmet G. Sullivan, Caporusso threatened that a “hot piece of lead would cut your head.”
“Get out of these bulls ** t before it’s too late, or we’ll start downsizing your staff. It’s not a threat. It’s a promise,” Caporusso said on voicemail.
Voicemail was played during Monday’s sentencing process.
Caporusso showed no emotion when played, but later said he was “shocked and embarrassed” when he first heard the recording of the message.
A statement from Sullivan was also read during the proceedings by the American aide. Lawyer Rachel Fletcher. Sullivan’s statement said the threat had a “profound impact” on him and his family.
The statement said Sullivan took “unprecedented steps” to protect himself and his family after the threats. Sullivan, who had never felt unsafe walking with his dog or driving alone, said he now felt “more wary” when traveling and had “considerably limited” his social interactions.
“I feel fear now,” Sullivan, who served more than 30 years on the bench, said in the statement.
Caporusso’s lawyers had asked the judge to sentence their client to the sentence served for the 11 months he had spent in detention since his arrest.
Caporusso and his lawyers said he left the voicemail message while in the midst of an alcohol addiction resulting from opioid withdrawal he was suffering from following an injury.
“I wasn’t thinking well or doing well at the time,” Caporusso said, holding back tears as he described the impact his action had had on his family. He said he wished to “humbly apologize” to Sullivan.
In announcing the conviction, McFadden highlighted not only the effect of the threat on Sullivan – with whom McFadden said he had not discussed the matter – but its impact on the staff at Sullivan, who were also targeted by the threat of Caporusso. He noted that the staff had no security protection and asked Caporusso to think about “what went through their heads” when they went to the metro after work.
McFadden also discussed the general context of threats and acts of violence that judges across the country have faced in recent years. While Caporusso was not responsible for the actions of others, McFadden said, his threat “exacerbated” this climate.
“Court gowns are not bulletproof,” the judge said.
Still, McFadden said he was convinced Caporusso was in genuine remorse and noted that there was no evidence that Caporusso intended to carry out the threat.
These and other mitigating factors led McFadden to hand down a lower sentence than he would otherwise have. In addition to the 18 months in prison, Caporusso was sentenced to two years of supervised release during which he is not allowed to consume alcohol.
This story has been updated with additional details about the audience.
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