Imprisoned former Fairbanks militia leader Schaeffer Cox had an appeal hearing Wednesday morning in federal court in Anchorage. Convicted in 2013 of conspiracy and solicitation to murder government officials, Cox is serving 26 years in a federal prison. His appeal centers on whether anyone was specifically targeted.
Before he came under investigation Schaeffer Cox was a young, up and coming conservative. He ran for State House and spoke charismatically in Alaska and the Lower 48 in support of 2nd amendment rights and need to ratchet government back to constitutionally defined powers.
”The oldest and most sacred tenant of American constitutionalism is to not trust government, but to bind them down by the chains of the Constitution,” Cox said in a 2010 interview with KUAC radio. “You gotta trust people, and you gotta have high respect for people and let them run their own lives.”
Cox’s trouble with the law began with weapons misconduct and domestic violence charges, but it was his command of a small Fairbanks militia, their accumulation of weapons, and alleged plans to kill government officials, that drew a federal investigation and ultimately murder conspiracy and solicitation convictions.
Evidence against Cox included a “hit list” of targeted officials. His federal appeal said there were no agreements or specific plans to kill any individuals. Federal prosecutor Steve Skrocki counters that by purposefully skipping a state court appearance, Cox laid a path that would ultimately trigger a murder plan called “2-4-1”.
”’We’re going to kill two law enforcement officers or judges or federal officials for every one of us that’s taken or kidnapped,'” Skrocki paraphrased. “And that came right on him; he owned that.”
Cox public defender Michael Filipovic told the three-judge Ninth Circuit Court appeals panel that any action was premised on a government collapse and “Stalinesque” martial law, or a confrontation with a federal hit team Cox was convinced was out to get him.
“That, I would respectfully suggest to the court, is not an agreement with pre-medidation and malice of forethought to kill any one of these individuals,” Filipovic said.
Filipovic challenged that the lack of specific federal targets undermines federal jurisdiction to even prosecute Cox. A large portion of the half hour hearing revolved around Cox’s conviction of soliciting other militia members to commit murder. Judge Richard Clifton questioned prosecutor Skrocki about whether lack of specific plans to kill individuals undermines the solicitation conviction.
“I could understand a conspiracy claim, because once you’ve launched a conspiracy, there is risk emanating from that. But solicitation suggests you’ve got a specific target. And if there is no real target there is that problem,” Clifton said.
“Your honor, I don’t think it takes it that far,” Skrocki rebutted. “I don’t think it takes it that far that you need a real specific target.”
Judge Susan Graber questioned whether Cox would need to be re-sentenced if the solicitation conviction is thrown out, noting that sentences for the conspiracy and solicitation convictions were ordered to be served concurrently. Skrocki said he had not looked into the issue. The judges accepted the appeal for consideration, before moving on other cases.
Dan Bross is a reporter at KUAC in Fairbanks.
