Case: 3:24-cr-00006-jdp Document #: 6 Filed: 01/04/24 Page 1 of 3

FEDERAL DEFENDER SERVICES

OFWISCONSIN,INC.
LEGAL COUNSEL

22 East Mifflin Street

Craig W. Albee, Federal Defender Suite 1000
Krista A. Halla-Valdes, First Assistant Madison, Wisconsin 53703

Joseph A. Bugni, Madison Supervisor Telephone 608-260-9900

Elizabeth Blair Facsimile 608-260-9901
John W. Campion
Jonathan Greenberg
Kyle Kent
Gabriela A. Leija
Dennise Moreno
Tom Phillip
Joshua D. Uller
Alex Vlisides

January 4, 2024

The Honorable Stephen L. Crocker

United States Magistrate Judge
United States District Court
for the Western District of Wisconsin
120 N. Henry Street
Madison, Wisconsin 53703

Re: United States v. James Morgan

Case No. 23-mj-200-slc

To the Honorable Stephen L. Crocker,

In anticipation of tomorrow’s bond hearing and to streamline the issues and the
defense’s presentation, this letter lays out Morgan’s proposed release plan and why
pretrial release accords with § 3142’s requirements. What follows does not exhaust the
defense’s arguments, but it should serve to shorten and focus the hearing.

This is being filed a little later than what the defense would like—we have gotten
the bail report and a slew of discovery in the past few hours and we did not want to file
anything that was contradicted by this new evidence. The defense is also filing with this
letter a copy of Morgan’s interview, which outlines his “beliefs.” While some of those
beliefs are plainly racist, his statement also speaks to why he should be released. Namely,
he has been on the FBI’s radar for four years and he has never done anything violent.

As the Court knows, the government carries the burden of proving that no
combination of release conditions can reasonably assure his presence and the
community’s safety. The defense recognizes that this is an unusual case and Morgan’s
beliefs are (putting it mildly) troubling. The defense isn’t hiding from those facts. Those

Milwaukee · Madison · Green Bay

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FEDERALDEFENDERSERVICES
OFWISCONSIN,INC.

facts will inform the Court’s decision, but they do not alter § 3142’s command: release on
the “least restrictive” combination of conditions where there is a reasonable assurance of
the defendant’s appearance and the community’s safety. 1 That’s the case here.

When it comes to flight risk, that can be ameliorated here through conditions—the
defense and Probation agree on that point. 2 The defense suggests that he be released to
his mother who lives in Wheeling, Illinois. He has very close ties to his mother, a former
IT specialist and the defense’s proposed third-party custodian. He was raised by her and
lived with her until 2019 (when he moved to Janesville to take care of his father who was
suffering from terminal lung cancer). He kept in regular touch with her during his time
in Wisconsin, and she has continued to support him both financially and emotionally.
She is very concerned for his wellbeing, and she is committed to ensuring that he
complies with every condition of pretrial release. 3 Her attached letter speaks to that fact.

In addition to the familial support, Morgan has strong ties to Northern Illinois and
Wisconsin. He has family and friends in both places and a strong work history. At the
time of his arrest, he was working a fast food job to support himself and his girlfriend.
Previously, he held a well-paying job for three years as a painter and assembler at
Generac Power Systems until he lost his job because of large-scale layoffs. And he has
also worked for chain restaurants and performed temp work with various employers in
the Whitewater area. In sum, he’s not a flight risk. Again, Probation agrees on that point.

That leaves whether there are a combination of conditions the Court could impose
that would reasonably assure the community’s safety. There are few factors here that the
Court must consider. First, the charges here are scarier than the typical case; and second,
his online conduct doesn’t help (nor do his racial beliefs for that matter).

Yet those charges and those words have to be given context. Here’s what we know
about Morgan: he’s been on the government’s radar for four years. In that time, he never
did anything that spoke of violence. He clearly talked a big game, but again—he did
nothing. And while he expressed anti-law enforcement beliefs, when he was arrested and
charged with in 2016 with a domestic violence misdemeanor, he fully cooperated and
successfully completed his DPA. Likewise, in this case he fully cooperated: he willingly
gave the FBI his trailer keys, his safe key, and his phone’s passcode. 4 In fact, when asked
about officer safety he admitted to the Pyrodex and the devices, and he asked that they
be taken. In other words, Morgan talks a big game but his actions betray those words.
Indeed, he has never attempted to use the devices or chemicals found in his trailer and

1 18 U.S.C. § 3142(c)(1)(B).
2 R.4
3 See Exh. 1 (Christina Horne letter).
4 See. Exh. 2 (FBI interview).
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FEDERALDEFENDERSERVICES
OFWISCONSIN,INC.

storage unit to hurt anyone. Rather, he told the FBI that the devices in the safe had been
made for self-defense and were not intended for any other unlawful purpose.

That brings about the ultimate question: are there any combination of conditions
that would ensure the community’s safety. There are. If released with conditions of total
house arrest, the Court could also order that he refrain from engaging in chemistry in any
shape or form, and that every potentially hazardous chemical in the home be removed.
If that were the case, then there would be no risk to the public. If there are no guns in the
house and no chemicals, then there is no risk. And the assurance that there are no guns
and no chemicals comes with the third-party custodian’s promise to the Court: she is
committed to making sure “he complies with all of his conditions of release, whatever
they are.” 5 Critically, she “won’t let James have unusual chemicals or engage in chemistry
while he’s residing in [her] home.” 6 That additional oversight shows there are conditions
of release consistent with the public’s safety.

In the end, Morgan’s views about minorities and the government are awful, but
they do not convert an otherwise releasable defendant into someone who must be
detained. Case brought under § 5861 are varied and there are no good comparator cases;
rather, the closest analogy to this case (or crime) is arson. That crime poses a risk to many
people with a dangerous instrumentality—namely, fire. But even in arson cases brought
in this district where people acted and created a real risk to life, the defendants have
typically been released. 7 Here, Morgan never acted; he never created that tangible risk
that his actions portend. And that distinction matters for purposes of release.

In short, with no access to weapons or the means to make weapons, Morgan poses
no risk to society. And consistent with the Seventh Circuit’s command in Dominguez, the
evidence here “of economic and social stability, coupled with the absence of any relevant
criminal record,” weighs in favor of release. 8 Thus, the defense respectfully requests that
he be released to the custody of his mother with any combination of the conditions
described in this letter (and any additional conditions that the Court deems necessary).

Sincerely,

Jonathan Greenberg
Associate Federal Defender

5 Id.
6 Id.
7 United States v. Johnson, 20-cr-134-jdp (W.D.WI 2020); United States v. Johnson, 14-cr-61-bbc

(W.D.WI 2014); United States v. Lago, 10-cr-10-bbc (W.D.WI 2010).

8 United States v. Dominguez, 783 F.2d 702, 707 (7th Cir. 1986).
 Case: 3:24-cr-00006-jdp Document #: 6-1 Filed: 01/04/24 Page 1 of 1

Christina Horne
289 London Pl
Wheeling, IL 60090
1/3/2024

To the Honorable Judge Crocker,

My son James Morgan is a person of impeccable character. He is non‐violent, trustworthy, loyal

and an animal lover, has a great work ethic, and is always interested in striving to better
himself. He is a wonderful son who is his own person and makes me proud to be his parent. He
is also loving, respectful and kind to friends, family and coworkers. James is 4 years a recovered
alcoholic. He has experienced tough times in life, but his strength of character is stronger, so
he gets through and grows stronger from the experience. James lived in my home until a few
years ago when he moved to Janesville, WI to care for his ailing father until he passed in 2021.

I am willing to take James into my home if he is released before trial. I do not take this
responsibility lightly and I am willing to make sure he complies with all of his conditions of
release, whatever they are and to make sure he gets to all of his court dates. I can guarantee
that there are no weapons or dangerous chemicals in my home, including alcohol since James is
in recovery. I won't let James have unusual chemicals or engage in chemistry while he’s residing
in my home. We will comply fully with every single condition Your Honor imposes.

Just to let you know more about myself, I am Christina Horne, James’ mother. I live at 289
London Pl Wheeling IL and I have lived here for over 20 years and it’s the home my children
were raised in. I was in IT for over 20 years until I saved enough money to start my own pet care
and dog training business which has been successful over the past few years. Please give
serious thought to releasing James into my custody, I believe it is best for all parties involved.
Thank you for your consideration.

Sincerely,

Christina Horne
 Case: 3:24-cr-00006-jdp Document #: 6-2 Filed: 01/04/24 Page 1 of 6
- 1 of 6 - O FFICIAL R ECORD
FD-302 (Rev. 5-8-10) Document participants have digitally signed.
All signatures have been verified by a

FEDERAL BUREAU OF INVESTIGATION certified FBI information system.

Date of entry 12/26/2023

JAMES MORGAN, date of birth (DOB) May 9, 1993, telephone number 608-322-
5087, was interviewed at his place of employment, McDonald’s, address 2922
North Pontiac Drive, Janesville, Wisconsin (WI) by Special Agents Justin
Mosiman and Christopher Nichols. After being informed of the identity of the
interviewing Agents and the nature of the interview, MORGAN provided the
following information:

[Agent Note: Agents Mosiman and Nichols approached MORGAN and his girlfriend
CELENA LEVESQUE, telephone number 262-273-8263, at a booth in McDonalds at
approximately 1:30 P.M. Agent’s firearms were completely concealed. After
introducing themselves, Agents Mosiman and Nichols sat on the opposite side
of the booth from MORGAN and LEVESQUE. Agents asked if MORGAN or LEVESQUE
had any weapons and requested for them to keep their hands visible. Agents
informed MORGAN he was not under arrest but told MORGAN the FBI had a search
warrant for his vehicle and trailer that were parked outside McDonald’s.
Agents provided a copy of the warrant for MORGAN to review. Agents asked
MORGAN for the keys to the vehicle and trailer to preserve the locks and
integrity of the vehicles. MORGAN provided the keys to Agents and Agents
returned the keys to MORGAN and LEVESQUE at the conclusion of the search.
Agents told MORGAN he was not allowed to go to the trailer while it was
being searched. Because MORGAN was scheduled to work, Agents asked if MORGAN
wanted them to notify the manager on his behalf that he was speaking with
the FBI and MORGAN approved.]

Pyrodex

When asked if there was anything in the trailer that could hurt Agents
conducting the search, MORGAN stated two one-pound containers of Pyrodex (a
black powder substitute) were in the trailer. MORGAN went to his storage
unit approximately one month ago to get some items he could sell to a pawn
shop, like his 3D printer. When he was obtaining those items, he also
grabbed a box, while in a rush to leave, and the box happened to have the
Pyrodex in it. The Pyrodex belonged to MORGAN’S father.

[Agent Note: Agents were informed by the search team there were two safes in

Investigation on 12/21/2023 at Janesville, Wisconsin, United States (In Person)

File # 266N-MW-3629238 Date drafted 12/22/2023

by MOSIMAN JUSTIN
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency; it and its contents are not
to be distributed outside your agency.
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the trailer that were locked. Agents asked MORGAN for the keys to the safes
to avoid the need to damage them. Morgan provided the key to one of the
safes and told Agents where the key to the other safe could be found inside
the trailer. Agents seized MORGAN’S phone during the interview and MORGAN
provided the security code to the phone as 8100.]

After MORGAN provided Agents the key to one of the safes, he stated he now
remembered there were homemade grenades made by his father that were in the
safe. MORGAN did not know how many grenades were inside the safe. MORGAN
told Agents to take the homemade grenades because he did not want them.
MORGAN initially advised Agents his father made the grenades. MORGAN was
living with his father in an apartment for approximately one year and lived
in the residence for approximately one more year after his father died.
After MORGAN’S father died of lung cancer, MORGAN did not know what to do
with the grenades. Before MORGAN’S father passed away, he told MORGAN they
needed to be careful with the grenades because if they got caught with them
they would do “federal time.”

MORGAN forgot about the grenades until he moved out of his apartment in
approximately July of 2023. MORGAN did not know what to do with the grenades
when he was moving, so he put them into the safe for the time being and
forgot about them. MORGAN would have disposed of the grenades, but he did
not know how to get rid of them. MORGAN did not want to turn the grenades
into law enforcement because he thought they would arrest him. MORGAN did
not want to throw them away in the trash because he knew they were
hazardous, and he would have a guilty conscious if he did so. MORGAN also
knew that if he did throw the grenades away the trash company and law
enforcement would be able to track down whoever disposed of them.

Later in the interview when asked to clarify when the grenades were made,
MORGAN stated they were built when he was living with his father and that he
helped his father build the grenades in their apartment. MORGAN’S father
told MORGAN how to build the grenades and he got the instructions on how to
make them right out of the Army manual. Even though his father was the one
that knew how to make the grenades, MORGAN’S father would still sometimes
forget things like what kind of glue to use. MORGAN described how they made
the grenades by placing the tubes on end while the glue dried before filling
with powder. When asked why the grenades were created, MORGAN advised they
were to protect themselves and their property from BLM (Black Lives Matter)
rioters and Antifa. They weren’t going to be used to attack anyone, only for
protection.

[Agent Note: During the interview, Agents received information that MORGAN
would be charged with possession of a destructive device. Upon receiving
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this information, Agent Mosiman read MORGAN his advice of rights at 5:37
P.M. MORGAN read aloud the consent portion of the advice of rights and
signed. MORGAN did not invoke his right to council or decline to answer any
questions. MORGAN was advised he was under arrest at this time and not free
to leave, but because he had been cooperating with Agents he would not be
placed into handcuffs at this point until it was time to transport him to
jail. When informed he would be placed under arrest, MORGAN stated, “that
puts a damper on my day.”]

MORGAN told Agents, “I know that these are illegal. I didn’t know what to do
with them.” MORGAN reiterated to Agents he no longer wanted the grenades and
repeatedly stated “please, please take them from me.” MORGAN also reiterated
he was “too chicken to set them off” or turn them over to police.

Chemicals

Wisconsin Department of Homeland Security (DHS) previously investigated

MORGAN for a sulfuric acid thrower weapon made from a plastic syringe. When
asked what the purpose of the weapon was, MORGAN stated he wanted to see if
they could be used as a weapon, and that it could fit in a cargo pocket and
not be detected by metal detectors. The weapon wasn’t going to kill anyone,
just “brutalize them.” MORGAN purchased the sulfuric acid online at Duda
Diesel and eventually disposed of it to clear a drain. MORGAN believed the
syringes were somewhere in his storage unit. DHS also found liquid nitro
cellulose in a bowl that had not yet been used to make gun cotton powder.
The liquid needed to have starch added to make it into a powder.

Agents informed MORGAN the same search warrant was executed earlier in the
day on the storage unit and Agents found chemicals and equipment. MORGAN
stated he had a homemade flamethrower he made with his father but had never
attempted to use it.

When asked what the purpose of the hydrochloric acid was, MORGAN stated he
purchased it on Amazon. The hydrochloric acid was versatile for making other
chemicals and could be used in case an experiment called for a chemical he
did not have. When asked what the aluminum powder found in his storage unit
was for, MORGAN stated it could be used to make thermite. When asked what
the calcium hypochlorite was for, MORGAN stated it was commonly called pool
shock and was a good source of ions for experiments.

When asked what the potassium nitrate was for, MORGAN stated it was an
ingredient for making black powder. It was also the catalyst used in the
sulfur dioxide grenade. MORGAN described how burning sugar alone only melted
the sugar, but potassium nitrate was an accelerant for the reaction to
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produce smoke. The sulfur dioxide grenade produced smoke but did not explode
and was only an irritant. When asked why he made the sulfur dioxide grenade,
MORGAN stated he thought he would have to protect himself from the
government. MORGAN now saw the US Government as rank-and-file types, not the
type that would throw him in the Gulag like Russia and China.

Ideology

MORGAN used to be anarchist but was no longer interested in having a “fuck

the government” mindset. Derek Chauvin helped change his views. Chauvin was
innocent, and after watching the video, MORGAN saw that Chauvin did not put
his weight on George Floyd’s neck. Additionally, Floyd was on fentanyl and
wrote a forged check and was a criminal. BLM was crazy about criminals and
not helping society by burning down their neighborhoods. The Government was
only trying to do its job by protecting people in the riots after Floyd’s
death. All of MORGAN’S experiments were meant for the battlefield, not for
use on civilians – even back when he held anarchist views. MORGAN’S
experiments were more to create irritants to protect his house from BLM.

MORGAN was no longer interested in this anarchist ideology; he was only

focused on making money and starting a family. MORGAN advised Agents they
would still find a lot of racist memes on his electronic devices, but he did
not actually hate any of those people though he was pro-white. MORGAN felt
slaves from Africa were brought to America against their will and felt they
still belonged in Africa.

When asked what his target would have been back when he had anarchist views,
MORGAN stated, if he was going to attack some place, it would have been the
Federal Reserve. MORGAN was a conspiracy theorist and still thought there
was something going on with the Federal Reserve. The stuff in the storage
unit would not have done anything to the Federal Reserve.

General

MORGAN worked at McDonald’s for approximately one to two months and lived in
the trailer after moving out of his apartment in Whitewater. He parked the
trailer in the lot across the street while he worked, and often parked the
trailer overnight at the Wal-Mart parking lot. MORGAN had a pet dog, Wayco,
and two pet rats, Snowball and Soliel (French for sun). His girlfriend,
LEVESQUE, was possibly pregnant and he wanted to just be a dad and have a
family.

MORGAN’S grandfather came from Germany and his family was big on trades.
MORGAN intended to begin an electrician apprenticeship in January or March
of 2024 with the International Brotherhood of Electrical Workers (IBEW)
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266N-MW-3629238
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Union.

LEVESQUE’S aunt GINA SWART, address, 24 Dwight Avenue, Seabrook, New

Hampshire, was the representative payee of LEVESQUE’S Social Security
payments but they have not been able to get any of her payments since
LEVESQUE left New Hampshire.

MORGAN wanted to make enough money to pay off his debts. MORGAN maxed out
his Capital One credit card to purchase his truck, and MORGAN also owed his
mom for the trailer and other things. MORGAN traded his black Ford Ranger
for his Dodge Ram because it had a bigger engine to pull the trailer. He
sold his car for $250 for parts.

MORGAN moved to Wisconsin to be with his dad and get out of Illinois (IL).
His dad passed away in April 2021 from lung cancer. MORGAN wanted to be a
chemistry Ph.D., loved the physical sciences, and had a gift for chemistry.

MORGAN was on Ritalin for fourteen years and built up a tolerance. Insurance
stopped paying for the required dosage he needed. Due to the Ritalin, he did
not develop social skills and had the social skills equivalent to a five-
year-old, became narcissistic, and would say outrageous things. When he
stopped taking Ritalin, he lost phobias such as to stinging insects.

After quitting Ritalin, MORGAN self-medicated with marijuana and alcohol. He

became an alcoholic but got sober almost four years ago and had a three-year
coin. His sponsor, Greg, gave him flowers and took him and LEVESQUE to lunch
before he passed away.

[Agent Note: MORGAN and LEVESQUE were provided with food at multiple points
throughout the interview. LEVESQUE left the interview on her own accord on
multiple occasions to use the bathroom. MORGAN left the interview on one
occasion to use the bathroom. After being advised he would be placed under
arrest, MORGAN requested to use the bathroom and was permitted to use the
bathroom on multiple occasions with a law enforcement escort. Due to the
lengthy nature of the interview, at various points throughout the interview
other law enforcement officers including SA Bryan Sullivan and TFO Thomas
Koch sat down with MORGAN and LEVESQUE, however all of the above information
was provided to SAs Nichols and Mosiman.]

[Agent Note: At some point during the interview, Agents asked if MORGAN was
willing to provide consent for the FBI to take his firearms for safe keeping
due to his pending arrest, so the firearms would not remain unsecured in his
trailer while he was in custody. MORGAN provided consent for the FBI to take
his firearms at this time.]
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[Agent Note: During the interview Agent Mosiman provided MORGAN with the
padlock key to the replacement lock on the storage unit in Whitewater.
MORGAN left his wallet and keys with LEVESQUE before being transported.]

[Agent Note: At the conclusion of the interview, MORGAN was placed into
handcuffs and transported to the Jefferson County Jail. MORGAN’S mother,
CHRISTINA HORNE, date of birth (DOB) July 23, 1973, telephone number 630-
817-4807, was notified earlier in the interview that her son was going to be
arrested. HORNE arrived at McDonald’s before MORGAN was transported to jail
and was able to speak with MORGAN and agreed to take possession of the pets.
LEVESQUE also left with HORNE to stay with HORNE at her place of residence,
289 London Place, Wheeling, Illinois. Prior to leaving LEVESQUE attempted to
charge and kick at Agents Nichols and Sullivan.]