1. United States
2. Wash.
3. Letter

I am writing to urge you to speak out against the dangerous overreach in the federal terrorism prosecution of 15 defendants connected to a July 4 protest in Prairieland, Texas. This case, scheduled for trial on February 17 before Judge Mark Pittman, represents an alarming expansion of post-9/11 material support statutes to criminalize political dissent rather than actual violence. While the alleged shooter Ben Song was arrested more than a week after a police officer was shot at the demonstration, prosecutors have constructed a sprawling conspiracy case that ensnares defendants with tenuous or no connection to the violence. Savanna Batten, a longtime animal rights activist with only prior non-violent arrests, spent three months in solitary confinement on charges that include material support for terrorism. Liz and Ines Soto, who operated a small anarchist printing press, face the same terrorism charges despite not being in the planning chat where rifles were allegedly discussed. The government's evidence against many defendants consists of wearing black clothing, distributing political literature, bringing first aid kits to a protest, and having a general understanding of the overall intent. When an FBI agent was asked what evidence existed against Liz Soto beyond her presence, the agent cited first aid kits and understanding of intent. This logic transforms constitutionally protected activities into federal terrorism offenses. Professor Rachel Moran of University of St. Thomas School of Law notes that prosecutors must prove defendants knew what others would do and meant to support that specific action, not that they abstractly support a belief system. Even Jeff Breinholt, former DOJ counterterrorism section chief, expresses skepticism about extending conspiracy liability to these defendants. This prosecution sets a precedent that threatens every American's First Amendment rights. I urge you to publicly condemn this case and work to prevent material support statutes from being weaponized against political protesters. Our democracy depends on protecting dissent, even when that dissent is unpopular.