AB:PAS
F. #2018R02301
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------X
UNITED STATES OF AMERICA
- against -

AFFIDAVIT AND
COMPLAINT IN SUPPORT
OF AN APPLICATION FOR
AN ARREST WARRANT

MICHAEL BROGAN,
(T. 18, U.S.C., §§ 115(a)(1)(B) and 875(c))
Defendant.
18-M-1206
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EASTERN DISTRICT OF NEW YORK, SS:
JOHN R. DELEGAN, being duly sworn, deposes and states that he is a Special
Agent with the United States Capitol Police, duly appointed according to law and acting as
such.
On or about December 4, 2018, within the Eastern District of New York and
elsewhere, the defendant MICHAEL BROGAN did knowingly and intentionally threaten to
murder a United States official, with intent to impede, intimidate, or interfere with such official
while engaged in the performance of official duties, and with intent to retaliate against such
official on account of the performance of official duties, to wit, MICHAEL BROGAN
threatened to murder a United States Senator in retaliation for the United States Senator’s
criticism of the President of the United States of America and the Senator’s position
concerning reproductive rights.
(Title 18, United States Code, Section 115(a)(1)(B))

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On or about On or about December 4, 2018, within the Eastern District of New
York and elsewhere, the defendant MICHAEL BROGAN did knowingly and intentionally
transmit in interstate and foreign commerce a communication containing a threat to injure the
person of another, to wit, a threat to kill a United States Senator.
(Title 18, United States Code, Section 875(c))
The source of your deponent’s information and the grounds for his belief are as
follows:
1.

I am a Special Agent with the United States Capitol Police (“USCP”),

Investigations Division, Threat Assessment Section, and have been involved in the
investigation of numerous cases involving threatening communications made to federal
officials. The information in this Complaint comes from my personal involvement in the
investigation, a review of records of USCP and other government agencies, reports of witness
interviews and conversations with other law enforcement officers.

Unless specifically

indicated, all conversations and statements described in this affidavit are related in sum and
substance and in part only. Because the purpose of this Complaint is to set forth only those
facts necessary to establish probable cause to arrest, I have not described all the relevant facts
and circumstances of which I am aware.
2.

I have reviewed a recorded voice-message (herein afterwards “the

Voice-Message”) that was provided to me by the staff of a sitting United States Senator (herein
afterwards “the Senator”). The Senator is a “United States official” as defined in 18 U.S.C.
§ 115(c)(4). The Voice-Message was received by the Senator at the Senator’s Washington,
D.C. office.

The Voice-Message was recorded on or about December 4, 2018 at

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approximately 7:31 p.m. by a voice that appeared to be consistent with a male caller, who did
not identify himself. The caller on the Voice-Message stated in sum and substance and
in part:
You listen very carefully. Stupid ass excuse. You call
yourself a Senator, you’re a piece of shit. You are an
absolute piece of shit, Senator. Senator, and I put that in
quotation marks [the Senator], you’re a fucking phony.
You watch your ass cause I [unintelligible], I’m going to
put a bullet in ya. When I’m in D.C. and you’re there, I
got your fucking mark you stupid bitch. You and your
constant lambasting of President Trump. Oh, reproductive
rights, reproductive rights. You know what? I’m cursing
and I’m in sin because of people like you, ok? Cause I
value the God given right to life. You are alive. You
should thank our lord and savior Jesus Christ that you are
alive. But instead, reproductive rights, reproductive
rights. If I saw you, I’d snuff your stupid fucking ass. I’d
put a fucking bullet in you. You watch your ass. If I see
you on the streets, I’m gonna fucking light you up with
fucking bullets.
4.

I have reviewed records obtained from a wireless telephone service

provider for the phone number that was associated with the Voice-Message. Those records
indicate that the Voice-Message was left by a wireless telephone number (718) XXX-XX61.1
Based on my review of these wireless telephone records, I further learned that wireless
telephone service for telephone number (718) XXX-XX61 was paid for by defendant,
MICHAEL BROGAN (herein afterwards “BROGAN”). These payment records include an
email address associated with BROGAN as well as a user address in Brooklyn, New York.
Additionally, (718) is a telephone area code that includes the geographic location of Brooklyn,
New York. Further law enforcement investigation has determined that the user address in

1

The complete wireless telephone number is known to me, but for privacy
purposes I have omitted the entire telephone number reference in this affidavit.

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Brooklyn, New York is associated with BROGAN. Based on my further review of location
information provided by BROGAN’s wireless telephone service provider, I learned, in
substance, that the call to the Senator was made from at or in the vicinity of BROGAN’s home
in Brooklyn, New York.
5.

I have also reviewed phone records obtained from the telephone service

provider for the Senator’s Washington, D.C. office. These phone records corroborate a call
from BROGAN’s wireless telephone number (718) XXX-XX61 on the date and time that the
Voice-Message was left on the answering machine at the Senator’s Washington, D.C. office.
6.

I have also reviewed BROGAN’s social media information, including

information in which he previously indicated that in or about January 2017 and in or about
January 2018 he traveled Washington, D.C. for the annual “March for Life.” A review of
publicly available information on the March for Life’s event page states, “[m]arch against
abortion and build a culture of life.” Specifically, BROGAN posted on social media in or
about January 2017, “on way to march for life 2017 in our nation’s capital.” In a separate
social media post regarding the 2018 March for Life BROGAN posted, “[o]n the charter bus
with St. Francis DeSales parish of Belle Harbour to March for Life 2018 in Washington, DC.
Will this be the year?” Additional investigation has determined that the annual March for Life
is currently scheduled to take place in or about January 2019 in Washington, D.C. Based on
the Voice-Message discussed above that makes explicit reference to BROGAN’s travel to
Washington, D.C., as well as his prior travel to Washington, D.C., there is probable cause to
conclude BROGAN was the author of the Voice-Message.
7.

On or about December 12, 2018, Special Agents from the United States

Capitol Police conducted a search warrant at BROGAN’s Brooklyn, New York home. A

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forensic review of a wireless telephone found in BROGAN’s home uncovered that it was the
wireless telephone used to call the Senator from telephone number (718) XXX-XX61.
8.

BROGAN was read his Miranda rights, which he waived, agreeing to

speak without an attorney present. BROGAN admitted to calling the Senator, but stated that
he could not remember what he said in the Voice-Message. He further stated, in sum and
substance and in part, that before leaving the Voice-Message he had watched an internet video
of the Senator including Senator’s criticism of the President of the United States as well as the
Senator’s views on reproductive rights and that viewing the Senator’s statements regarding
these political views made him “very angry.”
9.

On or about December 12, 2018, I spent approximately 3 hours with

BROGAN, during which time I became familiar with his voice. I have reviewed the abovereferenced Voice-Message, and based on my own experience with BROGAN, I believe that
there is probable cause that BROGAN is the individual who left the Voice-Message for the
Senator.

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WHEREFORE, your deponent respectfully requests that the defendant
MICHAEL BROGAN be dealt with according to law.

JOHN R. DELEGAN
Special Agent, United States Capitol Police
Sworn to before me this
____ day of December, 2018

______________________________________
THE HONORABLE STEVEN L. TISCIONE
UNITED STATES MAGISTRATE JUDGE
EASTERN DISTRICT OF NEW YORK