In a legal landscape where the odds are often stacked against defendants, my recent victory in federal court stands as a testament to the power of resilience and the unwavering pursuit of justice. In the challenging realm of federal litigation, where the government boasts a staggering 99% conviction rate, every win is hard-fought and profoundly meaningful. To go toe-to-toe with such odds and emerge victorious — whether by securing a ‘not guilty’ or by stripping away layers of their charges — is an achievement I’m proud of. And this month, I’ve added yet another win to that list.
My client is Jesse Nevel. He was on trial with three other codefendants: Omali Yeshitela, Penny Hess, and Augustus Romain, Jr. All four were affiliated with the African People’s Socialist Party, also known as the Uhuru Movement. All four codefendants were charged with conspiring to act as an agent of a foreign government and foreign officials, to wit, the Russian Federation and officials of that government, without prior notification of the Attorney General. Nevel, Yeshitela, and Hess were also charged with knowingly acting within the United States as an agent of a foreign government and foreign officials, to wit, the Russian Federation and officials of that government without prior notification to the Attorney General. In plain terms, they were accused of conspiring and working on behalf of the Russian Government. The conspiracy charge has a maximum of 5 years, and the second charge has a maximum of 15 years. This mean they faced a combined maximum of 20 years.
In July 2022, Yeshitela, 81, and his wife were abruptly awakened by flashbang grenades, drones, and FBI agents in military gear conducting a search of their home. At the same time, Nevel and Hess experienced similar raids at their homes. The Uhuru Houses in Tampa and St. Louis were also subjected to these military-style searches. Less than a year later, they were all indicted in federal court on the aforementioned charges.
The indictment reads like a script of a movie. It alleges that Yeshitela traveled to Russia in 2015 with a specific goal to enter a partnership with the Russian Government to sow discord in the United States. According to the US Government, this trip was the start to a partnership where Yeshitela and other members of the party, including Hess and Nevel, were now working for the Russian Government. The indictment portrays work that the party has been doing for over 50 years — such as petitions, protests, anti-war speeches, and advocacy for internationalism — as activities directed and controlled by the Russian Government in exchange for money. The indictment even suggested that the party played a role in Russian attempts to interfere with U.S. elections.
Over the course of more than a year, between indictment and trial, prosecutors submitted over 20 terabytes of discovery, including videos, emails, photographs, meeting minutes, recordings, and social media messages. One witness testified that the amount of data collected and turned over was the equivalent of millions of books. Throughout the trial, it became evident that the federal government deliberately twisted language in communications to fit their narrative that my client and his codefendants were involved in a nefarious operation with the Russian government.
The trial was initially scheduled for one month. After just a week and a half, the government rested their case on testimony by FBI agents and two Russian agents. Under cross-examination, the FBI agents were forced to admit that the codefendants had been engaged in the same activities for the last 50 years and had not altered their strategies after their encounters with Russian officials. Furthermore, the agents admitted there was no evidence of election interference, despite including it in the indictment and announcing it in their press releases — both when the indictment was filed and when they shared the trial results.
After a day and a half of deliberations, Nevel, Yeshitela, and Hess were found NOT GUILTY of acting as foreign agents of the Russian government. While they were convicted of conspiracy, we view this as a victory not only for these three individuals but also for free speech and the right to challenge the government on unpopular issues.
Because of the name of the organization, I started and ended the trial by reminding the jury, “Uhuru” means Freedom! While there’s still work ahead, we are grateful that the jury found this group not guilty on more serious charges, and we pray the judge will allow them to remain free to continue the great work that this organization has done.
