A white nationalist from Bennington, whose criminal case has become a constitutional showdown over Vermont’s high-capacity magazine ban, is under investigation for allegedly violating his court-ordered conditions of release — again.
Video evidence appears to show that Max Misch violated a court order.
Police have been forwarded a video reportedly showing Misch recently in a bar in Hoosick Falls, New York, just over the state line from Bennington. That would be a violation of a court order that he not leave Bennington County.
Misch did not immediately respond to an email Thursday seeking comment. A day earlier Misch asked a reporter about the nature of the allegations against him and wouldn’t say if he was aware if new charges were coming.
Misch had previously been identified as one of the people who is accused of racially harassing former Rep. Kiah Morris, D-Bennington.
Morris was the only African American woman in the Vermont Legislature until she decided last year not to run for re-election, citing racial harassment.
In a roughly 20-minute video, obtained by VTDigger, a man who identifies himself as “Max” — and looks and talks like Misch — engages in a conversation with another man at the bar. It’s not clear what bar, and the location is not named in the video.
The other man repeatedly questions Misch about his beliefs, and Misch speaks at length, spouting racist, bigoted, and anti-Semitic views.
Misch’s image is dark in the video, which appears to be shot with a smartphone, but his voice is clear and he refers to a “press conference” he said he had every right to be at. Earlier this year, Misch crashed a press conference in Bennington held by Vermont Attorney TJ Donovan where it was announced that no charges would be filed against him for racially harassing Morris.
Misch can be heard in the video discussing the death Saturday of Jeffrey Epstein in New York prison, which he blamed on the Mossad, Israel’s intelligence agency.
At another point in the video, Misch talks of being restricted to Bennington and raising a concern that someone would report him to authorities for being in New York and “just getting a couple of drinks 8 miles away.”
Misch added, “That would be a bitch move to do that.”
It’s not clear who shot the video, or who the people speaking with Misch are.
Bennington Police Chief Paul Doucette said in response to a question about whether a new violation of condition charge was coming against Misch: “We are in the process of working with the Vermont Attorney General’s Office and have forwarded information to them.”
In response to a follow-up email seeking additional information, Doucette wouldn’t describe the nature of the alleged violation. He said no arrest had been made.
Asked if there were another violation of conditions release charge coming against Misch, Donovan, Vermont’s attorney general, said Thursday, “There’s not much I can say other than it’s a pending criminal case. The next court date is in September.”
He added, “The rules of professional conduct govern what we say and what we don’t say.”
Robert Appel, an attorney representing Kiah Morris, said Thursday he heard that police had been made aware that Misch had traveled to a bar in New York in violation of his court-ordered conditions and that there was a video of it.
Misch was charged in February with two misdemeanor counts of illegally possessing high-capacity magazines. He was back in court last month on a new charge accusing him of violating his release conditions by purchasing a firearm from a store in Bennington.
The misdemeanor magazine charges against Misch were brought about a month after Donovan announced that he wouldn’t prosecute him, or anyone else, for racial harassment against Morris.
Donovan, in his investigation, identified Misch as one of the persons responsible for the racial harassment. However, the attorney general said, the evidence was not sufficient to bring criminal charges against him due to First Amendment free speech protections.
Last month police said Misch purchased a new firearm March 30, nearly two months after a court had imposed conditions prohibiting him from buying firearms and other weapons.
According to court records, Misch allegedly paid $350 in cash for the handgun at the Bennington Armory, but it remained in possession of the dealer.
Misch’s attorney said during a court hearing last month that Misch didn’t intend to take possession of the firearm until his underlying case involving the high-capacity magazines had been resolved.
His release on conditions last month, with an added condition and no cash bail, prompted an outburst from Shawn Pratt, an African American man who stood in the back of the courtroom decrying racism in the criminal justice system.
“You all keep letting him walk out of here,” Pratt said, adding that it appeared Misch was flauting the law and not facing any consequences.
Assistant Attorney General John Waszak, the prosecutor in the case, had argued for the imposition of $200 cash bail for Misch, the maximum allowed under the law for the misdemeanor offense of violating release conditions.
Misch’s case regarding the misdemeanor charges of illegally possessing two high-capacity magazines is now on its way to the Vermont Supreme Court.
Judge William Cohen, presiding the case, had earlier denied a request by Misch’s attorneys to throw out those charges. Misch’s lawyers contended that a new law setting the magazine restrictions was unconstitutional.
Cohen later granted a request by both sides in the case to allow that ruling to be appealed to the Vermont Supreme Court for consideration.
