The four remaining defendants charged with federal criminal conspiracy after a September protest at the Broadview immigration facility have asked a judge to dismiss their case, citing First Amendment protections, according to court records filed March 16.
The request comes as the case raises questions about the limits of free speech and assembly in public protests. The defendants argue that prosecuting them for participating in a demonstration could set a precedent that threatens constitutionally protected activities nationwide.
Catherine Sharp, Jocelyn Walsh, Kat Abughazaleh, Michael Rabbitt, Andre Martin, and Brian Straw were indicted last October on charges of conspiracy to impede or injure federal officers. Some also face individual counts related to assaulting or resisting officers during the protest outside the U.S. Immigration and Customs Enforcement’s Broadview facility. Last week, prosecutors moved to dismiss charges against Sharp and Walsh after reviewing new evidence. Now, the remaining four are seeking similar relief from Judge April M. Perry.
In their motion, defense attorneys said the government is “attacking their constitutional rights of expression, assembly and association by linking them together under conspiracy charges ‘based merely on their coincidental presence and participation in a public protest.'” The motion further states: “This case threatens core principal of the First Amendment. The government is seeking to criminalize and chill a broad and diverse social movement engaged in constitutionally protected protest activities by misapplying the law in an effort to silence dissent.”
Christopher Parente, attorney for Straw, said Monday’s motion was filed “in recognition of the danger this case poses to the First Amendment.” Parente added: “We are asking the court to dismiss these charges because if the government is allowed to continue with this prosecution, it will impact any person who decides to attend a peaceful demonstration nationwide. Our Founding Fathers embraced the essential freedoms and rights of people to assemble and have their voices heard — our judicial system must honor and uphold that standard.”
According to prosecutors’ indictment, six individuals surrounded a government vehicle during the Sept. 26 protest with intent to hinder an agent from proceeding; some allegedly banged on or pushed against it while others scratched graffiti or broke parts of it. Defense attorneys countered that video evidence does not show any defendant causing damage or threatening anyone; instead they describe protesters’ actions as passive resistance consistent with lawful civil protest traditions.
Katherine Thames, campaign manager for Abughazaleh—who is running for Congress—said: “Today’s motion makes clear what this case has been about from the beginning: the government attempting to criminalize protest… Dissent is not a conspiracy.” Federal prosecutors’ move follows earlier efforts by defense lawyers arguing that indictments did not sufficiently outline any actual conspiracy.
The outcome may influence how future protests are policed and prosecuted across Chicago and beyond.
