In November 2021, a jury found a cadre of white nationalists liable for planning the violent and deadly Unite the Right rally in Charlottesville, Virginia, and for conspiring to deny minorities and others their civil rights.
Flowers left at the site where Heather Heyer was killed on the one-year anniversary of the violent Unite the Right rally in Charlottesville, Virginia.
The defendants in Sines v. Kessler included such notorious far-right figures as Chris Cantwell, Richard Spencer, and Jason Kessler. The nine plaintiffs, all current or former residents of Charlottesville, included “students, clergy, peaceful protesters, and innocent bystanders,” according to Integrity First for America, which brought the lawsuit that led to this verdict. The plaintiffs successfully argued that they sustained injuries as a direct result of the actions of the defendants. (The jury could not reach a verdict on two additional federal conspiracy charges.)
The plaintiffs—Chelsea Alvarado, Thomas Baker, Marissa Blair, Marcus Martin, April Muñiz, Natalie Romero, Elizabeth Sines, Devin Willis, and the Reverend Seth Wispelwey—were awarded a total of $26 million in damages. Twelve individual defendants and five organizations were ordered to pay up.
The Charlottesville trial lasted a little more than a month, generated national press coverage, and was treated by many of the defendants (two of whom represented themselves) as an opportunity to espouse their hateful ideology in the courtroom. Even without knowing the verdict, it felt like the last hurrah for these guys. Most of them had at this point been removed from major social media platforms, and, in the case of Chris Cantwell, were sitting in prison and unable to broadcast in any form.
In the end, the jury saw through the racist theatrics and held the defendants accountable—not for their words and beliefs but for the physical harm and lasting trauma they caused to the plaintiffs and countless others in the Charlottesville community.
INTEGRITY FIRST FOR AMERICAEXECUTIVE DIRECTOR AMY SPITALNICK
Integrity First for America, based in New York City, describes itself as a “nonpartisan nonprofit organization dedicated to holding those accountable who threaten long-standing principles of our democracy—including our country’s commitment to civil rights and equal justice.” In its communications regarding the lawsuit, it encouraged supporters to use the hashtag #SueANazi.
In a press release marking the verdict, the group’s Executive Director Amy Spitalnick said, “This case has sent a clear message: Violent hate won’t go unanswered. There will be accountability.” She added that the trial “allowed our plaintiffs to tell the full, horrific story of Unite the Right—and exposed the hateful, violent tactics at the core of how the white supremacist movement operates. There are not sufficient words to describe the honor of supporting these courageous plaintiffs.”
The group’s goal from the outset was not just to “pull back the curtain on how these groups operate” but to create a model of accountability that can be used in other cases.
The case also served to remind the public that Unite the Right was not a peaceful rally opposing the removal of Confederate statues as the defendants—and former President—had claimed, nor was it intended to be. The goal was always to instigate violence and cause terror. In the lead-up to Unite the Right, defendant Jason Kessler messaged fellow defendant Richard Spencer saying, “We’re raising an army my liege. For free speech, but the cracking of skulls if it comes to it.”
Heather Heyer, a local activist, was killed by defendant James Alex Fields, who drove his car into counter-demonstrators during the event. Fields is currently serving a life sentence for the murder. Several of the plaintiffs were injured by the same incident. In fact, Fields’s actions were a core argument of the plaintiffs.
Last year, Republican state legislators across the United States introduced a number of anti-protest bills aimed at making it easier to run over protesters with a car. The harshest of these proposed bills, signed into law in Oklahoma, not only allows drivers to strike or even kill protesters while supposedly “fleeing from a riot,” it also creates penalties for protesters who obstruct traffic, including fines of up to $5,000.
The verdict in the Charlottesville trial nonetheless provides a rare moment of accountability: It has the potential to bankrupt the defendants (who are seeking to have damages reduced) and to prevent the white nationalists responsible for the violence in Charlottesville from having the resources to organize other violent events in the future.
Integrity First also made a trove of information about the defendants available to the public. All of its evidence, including hundreds of photos, videos, text messages, and social media conversations from the defendants, has been put in a searchable online database. It has also posted transcripts from the court proceedings.
The group’s goal from the outset, Spitalnick says in an interview, was not just to “pull back the curtain on how these groups operate” but to create a model of accountability that can be used in other cases. Since the Charlottesville verdict, there have been two similar lawsuits filed to hold organizers of the January 6 insurrection accountable.
Integrity First is not directly involved in these lawsuits, but both cases also highlight an expansive view of accountability by indicting those responsible for organizing the Capitol insurrection, from the Oath Keepers and the Proud Boys all the way up to Rudy Giuliani and former President Donald Trump.
In December 2021, Karl Racine, the attorney general for the District of Columbia, filed a federal lawsuit against the Proud Boys and the Oath Keepers for their role in planning and enacting the January 6 riots. This action, his office has said, “specifically claims the groups and their leaders and members caused extensive damage to the District of Columbia, and particularly to the law enforcement officers who risked their lives to defend the Capitol, those in it, the District, and our democracy.”
The lawsuit seeks financial damages under the Ku Klux Klan Act of 1871 (see side bar) and is backed by States United Democracy Center, the Anti-Defamation League, and two outside law firms serving as pro bono outside counsel in the case.
As more evidence emerges from the criminal prosecutions of January 6 rioters and the work of the Congressional Select Committee looking into what occurred, Racine’s office has expanded its lawsuit to add more defendants. Recently, Racine added five defendants, all of whom have been charged with seditious conspiracy by the Department of Justice—Oath Keepers founder Stewart Rhodes, and members Joseph Hackett, David Moerschel, Brian Ulrich, and Edward Vallejo. Racine also added Proud Boy Matthew Greene, who is now cooperating with prosecutors after pleading guilty for his role in the insurrection.
The District of Columbia’s lawsuit is the first filed by a government entity against the Proud Boys and the Oath Keepers. If successful, it could serve as a model for state attorneys general to hold groups and individuals accountable for acts of far-right and white nationalist violence.
The NAACP and several members of Congress are also suing the Oath Keepers, the Proud Boys, Rudy Guiliani, and former President Trump for inciting the insurrection in order to prevent Congress from certifying the election results, a violation of the Ku Klux Klan Act. The plaintiffs are represented by the civil rights law firm Cohen Milstein.
Notably, Representative Bennie Thompson, Democrat of Mississippi, who now chairs the Select Committee investigating the January 6 attack, was among the original plaintiffs of the NAACP case. Though Thompson withdrew to avoid a conflict of interest, he explained why taking legal action against the rioters is important for democracy as a whole: “We owe it to our families, the American public, and history to get to the truth about the conspiracy that fueled a violent mob to rampage the Capitol in an effort to stand in the way of the peaceful transfer of power.”
The plaintiffs allege that they were prevented from carrying out their duty under the Constitution once the insurrectionists had invaded the Capitol. Representative Pramila Jayapal, Democrat of Washington, is also named as a plaintiff. During the riot, Jayapal was trapped in an overcrowded room with U.S. House members who refused to wear masks. She contracted COVID-19 soon after, enduring symptoms for six weeks.
Another plaintiff, Representative Jerrold Nadler, Democrat of New York, hid in the House Judiciary Committee Office for hours because his own office—where his name is labeled on the front door—was unsafe. A third plaintiff, Representative Bonnie Watson Coleman, Democrat of New Jersey, was rushed into a small room by the Capitol Police and could hear the mob in the next hallway. She hoped that if the mob broke down the first door, they’d be unable to breach a second thicker door blocking the room where she was sheltering.
Unusually, the NAACP suit represents members of Congress in a personal capacity, rather than because of the elected office they hold. The plaintiffs are asserting that they were prevented from enacting a peaceful transfer of power while also incurring trauma as individuals. And they’re taking their quest for accountability straight to the top—the former President of the United States—something few other mechanisms for accountability have ever done.
Shortly after the January 6 insurrection, Saturday Night Live aired a sketch titled “What Still Works?” In the skit, Kate McKinnon asks various guests what, if anything, about the United States still works like it’s supposed to, covering everything from government to culture to sports. Eventually, Mc- Kinnon comes to the conclusion that nothing works anymore, a sentiment shared by a great many of us.
The Charlottesville verdict was a rare moment when it felt like something actually worked the way it was supposed to. Perpetrators of violence who terrorized a community and were responsible for the death of an innocent woman were held to account for their actions. For myself, having spent years watching white nationalists gain political and cultural power, it was a relief to finally see something resembling justice.
There is no way to know whether the NAACP and District of Columbia lawsuits will have the same result as Charlottesville, but I’m relieved to know that there is potentially some recourse for those closest to the trauma of the insurrection. These lawsuits are part of a broader ecosystem of accountability, including the criminal proceedings against individual insurrectionists and the work of the Select Committee. And the evidence gathered by those processes will only enhance the civil suits.
Just as the lawsuit in Charlottesville revealed the lasting personal impact of Unite the Right, these civil suits offer an opportunity for Americans to see firsthand how January 6 affected the District of Columbia and the people who were targeted by the rioters, especially those who work on Capitol Hill.
Accountability matters. Without accountability, I don’t see how the United States can continue to survive as a democracy. If you can get away with attempting a coup in 2021, what’s to stop you from trying this again and again until you finally succeed? Perhaps these two civil lawsuits will pave the way to ensuring a coup attempt never happens again.