The pardon of Michelino Sunseri comes after Wyoming Republican U.S. House Rep. Harriet Hageman said she was investigating the case as a possible instance of overzealous prosecution.
"We are thrilled that Michelino's nightmare is over, but we're not done fighting against unconstitutional regulations that give low-level park officials the power to criminalize harmless conduct," said Michael Poon, an attorney with Pacific Legal Foundation, which defended Sunseri. "We are ready to help other Americans who face criminal prosecution for breaking park rules that were illegally created."
Sunseri on Sept. 2, 2024, set a new Grand Teton speed record, ascending and descending the mountain in 2 hours, 50 minutes and 10 seconds—almost three minutes faster than the previous record, says a Monday statement by Pacific Legal.
The accomplishment “drew admiration across the climbing and trail-running world,” the statement says.
Days later, Wyoming-based federal prosecutors charged him with a crime for running on a “restricted” social trail. That’s a trail, the statement asserts, that other record-holders had used without consequence. Sunseri fought back with Pacific Legal Foundation and attorneys Alex Rienzie and Ed Bushnell. Sunseri did not immediately respond to a Monday request for comment.
Hageman’s Cause
Sunseri, who maintains a large social media presence, has never denied cutting the switchback during a run in the national park on Sept. 2, 2024. The resident of Driggs, Idaho, just west of the Wyoming border even noted this move in an online post that showed his route.
Sunseri said he made the fastest-ever climb and descent of Grand Teton that day, Cowboy State Daily reported previously.
It was his disclosure of the switchback cut that caught the National Park Service’s attention. The NPS issued him a citation for going off trail. The citation is a misdemeanor, carrying a maximum $5,000 fine and/or six months in jail.
Hageman said the cut-through was actually an “alternate path” and she questions his prosecution.
“Following his citation, Mr. Sunseri took responsibility for his actions, expressed regret, and volunteered to help officially close the alternate path, which receives regular foot traffic,” Hageman wrote in a joint letter with U.S. Rep. Andy Biggs, of Arizona, in July.
“Despite these mitigating factors and attempts by Mr. Sunseri to settle the case, the U.S. Attorney’s Office for the District of Wyoming filed criminal charges on Oct. 10, 2024,” they wrote.
Old Climber's Trail
Sunseri in May stood for a “bench” trial, or trial where the judge issues verdict rather than a jury. The evidence showed that Sunseri had used the “Old Climber’s Trail,” a switchback the National Park Service has always kept closed, court documents say. Around the time of Sunseri’s run, a small sign read “closed for regrowth.”
Sunseri argued back that the trail was an “established” trail and so, some of the signage around it creates confusion and prevents visitors from knowing which conduct is prohibited.
The charge he faced was unconstitutionally vague, Sunseri argued.
U.S. Magistrate Judge Stephanie Hambrick found Sunseri guilty Sept. 2 of this year.
He was awaiting a hearing when the pardon was issued Friday.
Wyoming’s new, Trump-appointed federal prosecutor Darin Smith through Assistant U.S. Attorney Ariel Calmes filed an Oct. 17 request with the court — in collaboration with Sunseri’s attorneys — asking for Hambrick to cancel Sunseri’s sentencing hearing and set a status hearing instead.
The prosecutors and defense attorneys had agreed to let Sunseri have a deferral. That is a program usually involving probation and other consequences or remedies, which a person can complete and, if he’s successful, his conviction falls off his record.
Hambrick had vacated the sentencing hearing to allow that negotiation to unfold.
Clair McFarland can be reached at clair@cowboystatedaily.com.
Your Updates Have Arrived
This week’s Unbelief Brief brings troubling news from Egypt, where atheist activist Sherif Gaber has reportedly been detained once more after years of persecution for his secular beliefs. Our Persecution Tracker Updates go into more detail on his case. We also examine a recent defense of the term “Islamophobia” and why it fails to hold up under scrutiny.
If you’re an ex-Muslim artist interested in volunteering your skills, we’d love to collaborate! Reach out to us at info@exmuslims.org.
Unbelief Brief
Egyptian atheist Sherif Gaber has reportedly been arrested under mysterious circumstances. Having been pursued by authorities for over a decade due to his atheist activism and online presence, this is not the first time he has faced arrest or imprisonment. Last year, an Egyptian court again ruled that he must be imprisoned, this time for five years. As of this writing, Gaber’s whereabouts remain unknown, and despite credible reports of the arrest, Egyptian authorities remain silent. We join the Council of Ex-Muslims of Britain (CEMB) and Ex-Muslims International (EXMI) in calling for the immediate release of Gaber, who has committed no crime other than professing unorthodox views on religion.
Also: an article in Middle East Eye by Shaheen Kattiparambil argues vehemently against replacing the term “Islamophobia” with “anti-Muslim hate,” as the UK’s Labour government is reportedly considering. The author argues the exact opposite of our claim, which is that the latter is a more precise and accurate term than the former. Instead, he argues, “Islamophobia” is better at capturing the “structural” and “institutional” bias, whereas “anti-Muslim hate” frames the problem as individual and isolated. He concludes:
“Islamophobia is a more rigorous and globally recognised concept that encapsulates the structural, ideological and transnational dynamics of anti-Muslim racism, while “anti-Muslim hatred” reduces these dynamics to questions of personal sentiment.”
The term “anti-Muslim hatred,” of course, does no such thing except in the imagination of the author. The single greatest distinction between the two terms is that one references the individuals who follow a religion while the other references the religion itself. Nowhere in the piece does Kattiparambil even acknowledge this fundamental distinction; nor does he address the argument that “Islamophobia” conflates criticism of Islam with hatred of Muslims. As for “structural, ideological and transnational dynamics,” this idea can easily be conveyed by substituting “hatred” with “bias.”
The author additionally undermines his own argument by pointing out: “In comparable cases, such as antisemitism and anti-Black racism, the importance of naming has long been accepted.” Both of the examples he provided reference immutable characteristics. Nobody speaks of “Judeophobia.” Races are not religions. These terms describe prejudice against people. So, too, does “anti-Muslim hate.” We do not dispute the importance of naming. Rather, we ask the question: why should the term for this form of discrimination privilege a belief system when it ostensibly refers to prejudice against people? In particular, why should this be the case only with regard to Islam, and not to any other belief system? Unfortunately, these are questions Kattiparambil does not engage with in his piece.
Persecution Tracker Updates
Read more about the case of Sherif Gaber, who has been hounded by Egyptian authorities over his liberal and secular views since 2013, on our Persecution Tracker here.
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