The Right to Self-Representation Includes Conspiracy Theorists, Even to Their Detriment

In United States v. Tucci-Jarraf, this Sixth Circuit affirmed the convictions of co-defendants Beane and Tucci-Jarraf for defrauding the United States out of $31 million. Beane became immersed in internet conspiracy theory and adopted the "straw man conspiracy theory." The theory essentially held that all American citizens have a right to tap into unlimited funds from the Federal Reserve. To his detriment, Bean then stumbled upon Tucci-Jarraf, a one-time attorney turned conspiracy wonk who posted videos and other information about how to access these funds.The two joined forces to obtain $31 million in government money before being arrested. (The detailed facts are well-worth reading if you have the time). Their actions amounted to wire fraud with both individuals facing serious prison time and an incredible amount of restitution.

Both Beane and Tucci-Jarraf opted for self-representation. They wanted to represent themselves to advance the conspiracy theories they both adopted as defensive arguments. These beliefs were varied but included some of the same features as the "sovereign citizen" arguments that many defense attorneys are familiar with hearing from conspiracy-leaning clients. The district court conducted full Faretta hearings for both defendants, granted their request, and appointed standby counsel. Both defendants were convicted and sentenced to lengthy prison terms.

On appeal, both individuals argued that they should not have been allowed to represent themselves because their unorthodox views rendered them essentially incapable of self-representation or meant that they were incompetent to proceed to trial. But authoring Judge Sutton eloquently explains that the right to represent yourself does not include a paternalistic duty on the part of the court to save you from yourself where actual counsel would be a better choice. There was also no evidence of mental incompetency.

In a particularly stirring paragraph, Judge Sutton explains that while being a citizen does not give unlimited access to government funds, "it does come with a view of the dignity of individuals to make weighty decisions for themselves." The Court noted that the right to self-representation does not come with the same requirements of effectiveness that the Sixth Amendment right to counsel contains. "Exercising these rights sometimes costs individuals more than they ever could stand to gain. But the Constitution lets American citizens learn that lesson the hard way."