Attorneys for six protesters charged with conspiracy to impede and assault a federal agent during a demonstration outside the Immigration and Customs Enforcement (ICE) processing center in Broadview are seeking a court order to make evidence against them public. The request comes amid concerns about recent fatal shootings by federal agents in Minneapolis.
At a hearing held Wednesday at the Dirksen Federal Courthouse, attorney Josh Herman, who represents Kat Abughazaleh—a Democratic congressional candidate and one of the accused—indicated that the defense may file a motion to dismiss the conspiracy charges on First Amendment grounds.
“In a conspiracy, ‘the crime is the agreement,’” Herman told reporters after the hearing. “If the agreement here is participating in parallel First Amendment activity, which the government suggests it is by calling them the demonstrators as the conspirators, we don’t see how that can be the law.”
The defendants—Abughazaleh, Michael Rabbitt, Andre Martin, Cat Sharp, Brian Straw and Joselyn Walsh—face charges of conspiracy to impede or injure federal officers following their participation in a protest on September 26 outside the Broadview ICE facility. They also face individual counts related to assaulting or impeding officers.
Abughazaleh is running for Congress representing Chicago’s North Side. Sharp was running for Cook County Board before suspending her campaign due to these charges and serves as chief of staff for Alderman Andre Vasquez (40th). Rabbitt is a Democratic committeeperson for Chicago’s 45th Ward; Martin works as Abughazaleh’s campaign field director; Straw sits on Oak Park’s board of trustees and practices law; Walsh is known locally as a musician active in social justice causes.
Attorney Terence Campbell, representing Martin, said in court: “It is very relevant to the public how federal officers from ICE and [Department of Homeland Security] are behaving and interacting” and whether they are instigators—an apparent reference to two recent killings by federal agents in Minneapolis.
Assistant U.S. Attorney Sheri Mecklenburg argued that making evidence public could influence potential jurors or expose personal information. She expressed preference for handling matters within court rather than through media coverage.
U.S. District Judge April Perry ordered preservation of video footage from September 24-28 at the Broadview facility but asked both sides’ attorneys to reach an agreement about what evidence should be released publicly.
According to prosecutors’ indictment documents, those dubbed by some as “Broadview Six” allegedly surrounded an approaching government vehicle with intent to hinder an agent from entering or leaving. The indictment claims participants banged on its exterior and blocked its path; it also alleges damage including scratches with derogatory language (“PIG”), broken mirrors, and windshield wipers.
All six have pleaded not guilty. In statements since their arrests late last year they have called their prosecution “an overreach,” “ludicrous,” and an attempt at criminalizing protest activity.
During Wednesday’s hearing Herman requested more details regarding when any alleged conspiracy began or ended—and who else might have been involved—arguing this information was necessary given what he described as broadness and vagueness in current charges considering many people attended but only six were indicted.
The defense motion states: “Nor does the indictment include any details regarding the purported conspiracy amongst the Defendants… Nor does the indictment allege that any of Defendants knew that others would cause alleged damage…” It continues: “Further details on scope…are especially needed particularly because one’s mere presence…is insufficient…”
Prosecutors said they will respond within 14 days; Judge Perry set another hearing for February 26. Discussion about trial scheduling suggested proceedings could begin in May or June but no date has been finalized yet. According to available records related to Operation Midway Blitz—which has resulted in approximately 30 non-immigration-related federal cases filed so far—nearly half have had charges dropped without yielding convictions.
A social media post from Abughazaleh described events at issue: “At Broadview ICE facility, an ICE agent tried to run dozens of protesters over with an SUV as we walked on a public crosswalk… He kept driving for about a full football field until ICE barraged us with pepper balls.” Video posted online shows protesters chanting while surrounding—and sometimes striking—the vehicle before agents responded with riot-control measures such as rubber bullets and pepper spray targeting organizers, journalists, photographers—and even shattering nearby business windows via sniper-fired projectiles.
Organizers relocated during protests after officials erected fencing near processing center property lines—a fence later ordered removed by court decision following litigation initiated by Village of Broadview alleging improper installation.
