The bar that SCOTUS has previously set for protected vs unprotected speech is that your threat must be realistically actionable in order for it to qualify as a genuine death threat, just as incitement to violence is only criminal if there is a realistic possibility that someone might actually act on your words.
Threatening to kill hypothetical individuals on a hypothetical list that official sources all insist is not real does not seem to meet that criterion, but we'll see if the courts try to walk it back.
It's going to massively depend on the quality of his lawyer. If he ends up with a public defender he's fucked because they're overworked and they advise everyone to plea bargain to get the case off their plates ASAP. A lawyer with the time and talent could easily get this tossed, but those cost a pretty penny.
The bar that SCOTUS has previously set for protected vs unprotected speech is that your threat must be realistically actionable in order for it to qualify as a genuine death threat, just as incitement to violence is only criminal if there is a realistic possibility that someone might actually act on your words.
Threatening to kill hypothetical individuals on a hypothetical list that official sources all insist is not real does not seem to meet that criterion, but we'll see if the courts try to walk it back.
It's going to massively depend on the quality of his lawyer. If he ends up with a public defender he's fucked because they're overworked and they advise everyone to plea bargain to get the case off their plates ASAP. A lawyer with the time and talent could easily get this tossed, but those cost a pretty penny.