RJ May Absent From Freedom Caucus Agenda Reveal With Pending Federal Charges Looming. 

The South Carolina Freedom Caucus debuted its legislative agenda this past week, and while much of the agenda was carried over from the year prior, there was one big difference. RJ May, a Freedom Caucus founder and former Vice Chairman, was not present to promote the platform. With May’s investigation into child pornography possession advancing to federal prosecution, May’s legal battle is likely taking precedent.

Prominent representative Jordan Pace was asked about May’s absence, and was quoted as saying that he had not spoken with May in “some time”, indicating May had little hand developing the current policy agenda for this session. It remains unclear if this is a strategic move on May’s behalf or a deliberate attempt by the Freedom Caucus to distance itself from the investigation. 

The involvement of the U.S. Attorney’s Office is cause for concern. The use of search warrants at his property indicates that the investigators believe they have sufficient probable cause to uncover evidence relating to the allegations. According to the latest court filing, October 24, 2024, a substantial quantity of electronic devices have been seized from his West Columbia S.C., home including a Lenovo laptop, Amazon tablet, four cell phones, four hard drives, four SD cards, two DVD-Rs and nineteen thumb drives, in the ongoing investigation into his possession of child sex abuse materials. Specific charges have not yet been detailed in the motion, however an inventory of the items seized from the property has been revealed in a publicly available document for the first time since the raid on August 4, 2024.

The Department of Homeland Security (DHS) Special Investigations Unit (HSI) reportedly raided the West Columbia, S.C., home early in the morning on August 4, during which the aforementioned electronic devices were seized. It is unclear at this stage what prompted the raid, and whether this is part of a wider investigation, however it is understood that data from at least one of May’s devices is subject to further investigation in addition to his activity on an undisclosed messaging application. May’s attorney has recently granted permission to the U.S. District Attorney to hold the evidence seized in the raid for longer as they continue their investigation, but has declined to publicly comment on his client’s case. 

At this time, it appears as though the investigation is focused on May’s activities, however the scope of the investigation could change as a result of the analysis of May’s devices. Reports state that witnesses, rumored to include RJ May’s wife, are collaborating with federal law enforcement in the indictment. U.S. Attorney Adair Boroughs and Assistant U.S. Attorney Scott Mathews, who is leading the investigation, have suggested that formal charges could be filed within three months. 

This investigation and pending litigation has put pressure on Representative May’s political activities. He has successfully thwarted a late, write-in campaign from Lexington County resident Brian Duncan. Duncan raised strong concerns about May’s silence on the accusations, and in his words, “lack of accountability” to South Carolinians. But while he has retained his seat he has yet to re-engage with his party partners.

May’s political strategy firm, Ivory Tusk Consultancy, has gone dark with his website being disabled and calls to the main number going unreturned. Ivory Tusk has counted prominent national and local politicians as clients, including several members of the Freedom Caucus. As a sitting Congressman, May’s work with other political campaigns has been criticized as a conflict of interest, but amidst these legal troubles, the issue has become moot. Before forming Tusk, May worked for DC based PAC Club for Growth backed by billionaires Jeff Yass and Richard Uihlein.

It is important to note that no charges have been filed against May at this time. If Representative May is charged, he would be entitled to due process including the presumption of innocence – however the severity of the allegations and May’s continued silence since the August raid are deeply concerning.