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Cville lawyer who probed Unite the Right and January 6th on where we go from here

Before he was picked to investigate the attack on the Capitol – before he was asked to report on what went wrong in Charlottesville, Tim Heaphy was the U.S. Attorney for the Western District of Virginia. In that capacity, he often worked with law enforcement, and he concludes now that violence in Charlottesville and Washington marked a failure by police.

“In advance of Unite the Right or in advance of January 6th, there was ample information available through open sources suggesting violence, yet law enforcement just was not prepared,” he recalls.

Former U.S. Attorney Tim Heaphy shares his thoughts on Unite the Right, January 6th and the future of our democracy in his new book — Harbingers.
Penguin Random House
Former U.S. Attorney Tim Heaphy shares his thoughts on Unite the Right, January 6th and the future of our democracy in his new book — Harbingers.

And in both cases, Heaphy notes, social media allowed organizers to spread hate and false information beforehand.

“Each of them started with a core issue. In Charlottesville it was statues. In the Capitol it was this false belief that the election was stolen, but they spread to become broad expressions of anger. That’s really – to me – the undercurrent in this country, that the real divide is no longer left versus right. It is those who believe in institutions – government and media and higher education and even science – versus people who don’t believe that those institutions work for them.”

If we don’t address that underlying division, he says, democracy is at risk. Heaphy argues we cannot expect elected officials to bring the nation together. This is a job that must be done by all of us.

“Democracy comes down to people of good faith exercising their rights, paying attention, educating themselves. Connecting with others. Don’t make blanket assumptions about people with whom you disagree. Too many times people from all perspectives don’t engage with people who are different from them. We live in these silos, and that’s really dangerous.”

If you’re a parent, a grandparent or a teacher, he suggests helping young people to learn how they can sift through claims online and find credible sources of information.

“Platforms maintained by corporations, they’re not held to the legal standard of news organizations. If you put something on the air that is false or misleading, then there’s legal exposure. There isn’t for Meta or for other companies.”

Former U.S. Attorney Tim Heaphy was hired to investigate Unite the Right and the attack on the Capitol after Joe Biden's election.
UVA School of Law
Former U.S. Attorney Tim Heaphy was hired to investigate Unite the Right and the attack on the Capitol after Joe Biden's election.

Heaphy notes Congress might revise the Communications Act, so platforms like X, Facebook and TikTok could be sued for spreading false and damaging lies. He does not believe, however, that much can be done about a Supreme Court that often appears out-of-step with public opinion. And he fears the F.B.I. and the Justice Department may be hijacked to go after Donald Trump’s personal enemies.

“If the agents are focused on things like retribution, then they’re not focused on more pressing issues of national security or child exploitation or white-collar fraud or gang violence. There are only so many hours in the day and resources, so every choice to do one thing is a choice not to do something else.”

Still, his book -- Harbingers: What January 6 and Charlottesville Reveal About Rising Threats to American Democracy – shares reasons for hope.

“People across the political spectrum want the same basic things— safe neighborhoods, economic opportunity, healthcare, so the raw material is there for us to come together. I also think that there could be flashpoints over the coming four years that prompt a very strong backlash. Every time there’s some sort of overreach or something that offends our fundamental values— that will be an opportunity for participation, for expression of anger and disapproval, and we have elections every couple of years in this country.”

And next year, he notes, Virginians will choose a new governor and vote for representatives to the House of Delegates, creating an opportunity to participate in our democracy. He argues public apathy is a greater risk than anger when it comes to the political future of the nation.

Heaphy will speak at 5 p.m. Thursday (January 16) in the Martin Luther King Jr. Performing Arts Center of Charlottesville High School. Admission is free, but registration is requested at https://albemarlehistory.org/

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Sandy Hausman is Radio IQ's Charlottesville Bureau Chief