Man charged with "threatening to kill Michelle and Obama" for Bush-era poem about killing a black president

from "Ky. man charged with threatening Obama in Web poem," Chicago Sun Times

A Kentucky man has been charged with posting a poem threatening President Barack Obama and first lady Michelle Obama on a Web site.

U.S. Secret Service Special Agent Stephan M. Pazenzia said Johnny Logan Spencer Jr., 27, of Louisville wrote and posted the poem, titled “The Sniper,” on a webpage called NewSaxon.org. The site is described as an “Online Community for Whites by Whites.”

Screenshot of the New Saxon website, where
the poem was posted in August 2007

The Secret Service became aware of the poem just after the 2008 election that made Obama the first black president in the country's history. An arrest affidavit says the Secret Service identified Spencer as the author, but never tracked him down.

The affidavit does not say why the Secret Service made no effort to arrest Spencer for more than 15 months. The investigation didn't start until a week ago, when an informant faxed a copy of the writings to the FBI, Pazenzia said.

The poem was posted in August 2007
, according to an arrest affidavit. (more)
So if you write a poem about killing a president who happens to be black, you can get charged with threatening to kill a man who was not even president when the poem was written. Based on this precedent, if there ever is another black President of the United States, can Spencer be charged again, because the poem, although written before that new president took office, allegedly "threatened to kill" that president, too?

Here are the latest developments in the case involving Spencer:
from "Kentucky Man Pleads Guilty To Threatening Obama In Poem," AP

A Kentucky man has pleaded guilty to authoring and posting on a white supremacist Web site a poem threatening the assassination of President Barack Obama with a sniper rifle.

Johnny Logan Spencer Jr. of Louisville entered an open plea - admitting guilt without a deal with prosecutors - Tuesday in U.S. District Court in Louisville.

The 28-year-old Spencer's sentencing is set for Nov. 2. The charge carries a maximum of five years in federal prison, a $250,000 fine and three years of supervised release. (more)