Max Misch
Max Misch before a court appearance in August 2019. Photo by Mike Dougherty/VTDigger

A white supremacist from Bennington was arrested again over the weekend โ€” and has been released again on conditions.

Max Misch, 38, faces a slew of charges in Bennington County Superior criminal court, ranging from aggravated domestic assault to a hate crime charge of disorderly conduct. He also has repeatedly been charged with violating the conditions of his release only to again be released on conditions.

That happened again Monday after Misch pleaded not guilty to a felony charge of obstruction of justice. The charge accuses Misch of trying to get the woman heโ€™s accused of assaulting earlier this year to lie during her deposition in relation to the assault charge.

The woman, according to an affidavit filed Monday by Bennington Police in support of the obstruction of justice charge against Misch, reported Sunday evening that Misch told her if she didnโ€™t lie that Misch would kick her out of the apartment they shared in Bennington.

According to police, the woman said she told Misch she had told the truth during that deposition, and he threatened to make her leave the apartment and to throw all her belongings out. 

Misch told police he did not tell the woman to lie.

He was arrested Sunday evening and appeared in court Monday for his arraignment on the felony obstruction of justice charge. If convicted of that offense, Misch faces up to five years in prison. 

Bennington County Deputy Stateโ€™s Attorney Alexander Burke did not request cash bail for Misch, instead agreeing to release him on conditions, including that he stay away from the woman he is charged with assaulting and trying to convince to lie.

Judge Cortland Corsones released Misch on the requested conditions. 

Frederick Bragdon, a public defender representing Misch, said during the hearing Monday he was trying to determine who would be allowed to continue to live at the apartment.

Misch has several cases pending in Bennington County Superior criminal court, with the longest one dating back to February 2019.

Thatโ€™s when the Vermont Attorney Generalโ€™s Office charged Misch with violating a law that only recently went into effect limiting the size of ammunition magazines a person could legally possess. Misch was charged with two misdemeanor offenses for allegedly violating that law by possessing two magazines larger than allowed by the new law.

He is currently seeking to have those charges thrown out, contending they violate the Second Amendment of the U.S. Constitution. Prosecutors last week submitted a filing last week calling on the judge to let the charges stand and to end Mischโ€™s delaying tactics in the case.

Misch has pleaded not guilty to those two charges and has since been charged repeatedly with violating his release conditions, and continuing to be released back on conditions. In one case, prosecutors alleged he left the county and in another he is accused of purchasing a firearm. He has pleaded not guilty to charges alleging he violated his release conditions. 

In addition, Misch has since been arrested on disorderly conduct charges, including one as a hate crime for allegedly shouting racist slurs during an altercation with a Black man on a street in Bennington. 

Misch was a central figure in the racial harassment that led Kiah Morris, a former House representative from Bennington, to not run for office again. Morris, who had been the only Black woman lawmaker in the Legislature, announced in summer 2018 she would not be seeking reelection, citing, in part, the online attacks. 

Vermont Attorney General TJ Donovan investigated the Morris matter, but opted against filing criminal charges against Misch, who admitted to racially harassing Morris โ€” or anyone else โ€” pointing to the broad protections of the First Amendment.  

VTDigger's criminal justice reporter.