A case like this helps the government kind of see how far they can go in criminalizing constitutionally protected protests and also helps them kind of intimidate, increase the fear, hoping that folks in other cities will then think twice about protesting,” Suzanne Adely, interim president of the National Lawyers Guild, told The Associated Press.
The administration promised it would be the first such case of many.
“The US lost today with this verdict.”
“Antifa is a domestic terrorist organization that has been allowed to flourish in Democrat-led cities—not under President Trump,” Attorney General Pam Bondi said in a statement Friday. “Today’s verdict on terrorism charges will not be the last as the Trump administration systematically dismantles Antifa and finally halts their violence on America’s streets.”
The trial revolved around a nighttime protest at which participants planned to set off fireworks in solidarity with the around 1,000 migrants detained inside the Prarieland ICE facility. Some participants brought guns, which is legal in Texas, as The Intercept reported.
Sam Levine explained in The Guardian what happened next:
Shortly after arriving at the facility, two or three of the protesters broke away from the larger group and began spray painting cars in the parking lot, a guard shack, slashed the tires on a government van, and broke a security camera. Two ICE detention guards came out and told the protesters to stop. A police officer arrived on the scene shortly after and drew his weapon at one of the people allegedly doing vandalism. One of the protesters was standing in the woods with an AR-15 and hit him in the shoulder. The officer would survive.
At first, the federal government charged those arrested after the event with “attempted murder of a police officer,” according to NOTUS.
However, that changed after Trump’s designation of antifa as a terror group in September and the release of National Security Presidential Memorandum 7 (NSPM-7), which directs federal law enforcement to target left-leaning groups and activities. The next month, the government’s case expanded to include terrorism charges.
“This wouldn’t be a terrorism case if it weren’t for that memo,” one defense lawyer told NOTUS on background.
The prosecution argued that the fact that the protesters wore black clothes to the protest was enough to convict them of material support for terrorism.
“Providing your body as camouflage for others to do the enumerated acts is providing support,” Assistant US Attorney Shawn Smith said during closing arguments, as The Intercept reported on Thursday. “It’s impossible to tell who is doing what. That’s the point.”
The defense, meanwhile, warned the jury about the free speech implications of the charge.
“The government is asking you to put protesters in prison as terrorists. You are the only people who can stop that,” Blake Burns, an attorney for defendant Elizabeth Soto, said, according to The Guardian.
“When the villain is a made-up boogeyman, then the target becomes ‘anyone who disagrees with Trump’—and this is the result.”
Ultimately, the jury decided to convict eight defendants of material support for terrorism as well as riot, conspiracy to use and carry an explosive, and use and carry of an explosive. However, they dismissed attempts by the state to argue that the protest constituted a pre-planned ambush and charged four people who had not shot at the police officer with attempted murder and discharging a firearm during a crime. Only Benjamin Song, the alleged shooter, was charged with one count of attempted murder and three counts of discharging a firearm.
The jury also convicted a ninth defendant, Daniel Rolando Sanchez Estrada, of conspiracy to conceal documents. Sanchez Estrada, who was not at the protest, had simply moved a box of zines out of his wife’s home after she was arrested for the protest, according to The Intercept.
“The US lost today with this verdict,” Sanchez Estrada’s attorney, Christopher Weinbel, said, as AP reported.
Support the Prarieland Defendants said in a statement, “Everything about this trial from beginning to end has proven what we have said all along: This is a sham trial, built on political persecution and ideological attacks coming from the top.”
However, the group commended the solidarity that had sprung up among the defendants and their allies and vowed to continue to support them.
“We have a long journey ahead of us to continue fighting these charges along with the state-level charges,” they said. “What happens here sets the tone for what’s to come. We are here, and we won’t give up.”
Outside observers warned about the implications for the right to protest under Trump.
“Remember all the people who dismissed the alarm over NSPM-7 because ‘ANTIFA isn’t even a real organization’? We told you that didn’t matter. When the villain is a made-up boogeyman, then the target becomes ‘anyone who disagrees with Trump’—and this is the result,” said Cory Archibald, the co-founder of Track AIPAC [American Israel Public Affairs Committee].
Content creator Austin MacNamara said: “The Prairieland trial was given almost zero media coverage because of the blatant lies by DHS [Department of Homeland Security] and Police. This verdict now sets a precedent for the criminalization of dissent across the board. Noise demos, Black Bloc, pamphlets/zines/red cards, all of this can be used to imprison you.”
Academic Nathan Goodman wrote that convicting people of terrorism based on clothing was a “serious threat to the First Amendment.”
The verdict gives new poignancy to what defendant Meagan Morris told NOTUS ahead of the jury’s decision: “If we win, I think it shows that Trump’s mandate is not working, that the people understand that you can’t criminalize, you know, First and Second Amendment-protected activities. And I think if we lose, then… a lot of the country is OK with what’s going on. And it will be a much darker time, it’ll just signify a much increased crackdown on political opposition and free speech.”
