Mistrial Declared in Fort Worth Federal Case Over ICE Facility Demonstration
A federal judge in Fort Worth, Texas, declared a mistrial on Tuesday in the case of nine individuals facing federal charges, including attempted murder and providing material support to terrorists. These charges stem from a July 4 demonstration at an Immigration and Customs Enforcement (ICE) facility. The decision came hours after jury selection began, prompted by concerns regarding a defense attorney's attire and an unsubmitted poster. The trial is now expected to restart with a new jury panel on Monday.
Trial Proceedings and Mistrial Declaration
U.S. District Judge Mark Pittman, a presidential appointee, halted proceedings. He cited concerns that a shirt worn by defense attorney MarQuetta Clayton, which featured images of civil rights movement leaders and protests, could send a political message and potentially bias jurors. The judge also admonished Clayton for showing a poster to potential jurors that had not been previously submitted to the court for approval.
Judge Pittman expressed his disgust with partisan division in the country and emphasized the need for a reduction in anger.
Defense lawyers for the nine defendants collectively disagreed with the necessity of a mistrial, suggesting any potential bias could have been addressed during the jury selection process. The lead federal prosecutor did not state a position on the mistrial declaration. This ruling follows a series of pretrial decisions by Judge Pittman that included fining three defense attorneys for aggressive motions and nearly preventing another from representing a defendant.
Background of the Incident
The charges stem from a July 4 demonstration at the Prairieland Immigration and Customs Enforcement (ICE) detention facility in North Texas. During the event, approximately a dozen protesters reportedly set off fireworks, spray-painted cars and a guard booth, slashed tires on a government vehicle, and destroyed a security camera.
Federal officers and local police responded to the scene, and shots were subsequently fired. An Alvarado police officer sustained a neck injury from a bullet and was released from the hospital the following morning.
Nineteen individuals were initially arrested in connection with the incident. Nine of these individuals have been charged with federal offenses, including attempted murder, providing material support to terrorists, rioting, use of explosives, discharge of a deadly weapon, and conspiracy. Several others have pleaded guilty to providing material support to terrorists.
Legal Charges and Allegations
Prosecutors describe the events as a "coordinated attack" and an "antifa attack" on the federal government, alleging it was a "long-running conspiracy" driven by an antifa ideology. They contend that protesters, some reportedly dressed in all black to conceal their identities, were armed and that former Marine reservist Benjamin Song was the gunman who injured the officer. Prosecutors assert that Song led an "antifa cell" and that the other defendants "acted in concert" to aid him.
Evidence presented by prosecutors includes allegations of coordinating via encrypted Signal chats, sharing photos of the detention center's surveillance cameras, bringing radios and first-aid kits, and helping the alleged shooter evade law enforcement. Authorities also reportedly found firearms and tactical gear during searches of defendants' homes and cars.
The nine defendants, including Benjamin Song, have pleaded not guilty. Defense attorneys argue that the demonstration was intended as a "noise demonstration" with bullhorns and fireworks to show solidarity with ICE detainees and that the event escalated unexpectedly. They contend that encrypted messaging, black clothing, political zines, and firearms are not inherently criminal and that there was no organized "antifa cell" or coordinated plan to attack the facility.
Legal Context and Precedent
This case marks the first instance the U.S. government has filed terrorism-related charges against individuals identified as 'antifa,' which is described as an umbrella of left-leaning ideologies rather than a defined entity. Legal observers note that there is no standalone federal crime of "domestic terrorism." Instead, prosecutors are utilizing a law that criminalizes providing "material support" for specific violent federal crimes, a statute typically applied to foreign terrorist groups.
Legal experts and defense attorneys have raised concerns about the prosecution's approach, arguing that it could set a precedent for bringing criminal charges against protesters and risks criminalizing protest activities.
They contend that the use of the "terrorism" label in this context functions more as a rhetorical tool than a neutral legal one.
Previous Administration's Stance
During its tenure, the previous administration, under President Donald Trump, frequently characterized leftist resistance as terrorism. Following the Charlottesville rally, President Trump publicly equated the anti-fascist movement with white nationalism and stated a desire to prosecute antifa. In 2020, plans were announced to designate antifa as a domestic terror organization, and an executive order was signed to that effect.
National Security Presidential Memorandum-7 was issued, instructing agencies to prioritize investigations into this form of domestic terrorism, including new descriptors for terrorists such as "anti-Americanism, anti-capitalism, and anti-Christianity." Following these directives, federal agencies reportedly redirected domestic terrorism investigations, and the Department of Justice announced a superseding indictment against the Prairieland defendants, adding charges of rioting and providing material support to terrorists to existing attempted murder counts. Former DOJ counsel for domestic terrorism, Thomas Brzozowski, retired early due to disagreements with the department's shifted focus, having previously viewed antifa more as political activity than an organized entity.
Defendant Information and Support
The case carries personal implications for the defendants' families. Autumn Hill faces charges including rioting, providing material support to terrorists, use of explosives, attempted murder, and discharge of a deadly weapon. Her wife stated that Hill felt solidarity with those under state threat. Savanna Batten was charged with rioting, providing material support to terrorists, use of an explosive, and conspiracy. Prosecutors cited political zines on her phone and her wearing a medical-aid kit as evidence. Her sister described Batten as "a helper" with a history of protesting.
The DFW Support Committee has organized to raise legal defense funds and plans courthouse events, including poetry readings, LGBTQ Pride events, and anti-ICE demonstrations, to coincide with the trial. A spokesperson stated the aim is to emphasize the defendants' humanity and community support.
Jury selection is expected to resume, with the trial anticipated to last up to five weeks.