'Broadview Six' ICE protesters can see White House communications about their case — if they exist
If the White House encouraged Chicago’s U.S. attorney's office in writing to bring a conspiracy indictment against six immigration protesters last fall, defense attorneys should be allowed to see it, a prosecutor agreed Thursday.
But Assistant U.S. Attorney William Hogan said he didn’t expect to find anything related to the case against the so-called “Broadview Six.” Hogan made the comment while speaking to U.S. District Judge April Perry about recent defense motions in the case.
“To my knowledge — I’m not saying that I know for sure — but my understanding is there is no such communication,” Hogan said. “Certainly, [there] was none before the indictment.”
Hogan also confirmed for the judge that prosecutors still expect to take four of the original six defendants to trial. The feds last week dropped charges against musician Joselyn Walsh and former Cook County Board candidate Catherine “Cat” Sharp.
Still charged are former congressional candidate Kat Abughazaleh, Oak Park village trustee Brian Straw, 45th Ward Democratic committeeperson Michael Rabbitt and Andre Martin, a member of Abughazaleh’s campaign staff. They’re all set for trial May 26.
Straw was the only defendant to attend Thursday’s hearing. Each of the four remaining defendants are involved in local Democratic politics. Abughazaleh placed second in Tuesday’s primary for the Democratic nomination for Illinois’ 9th Congressional District seat, won by Evanston Mayor Daniel Biss.
The four are accused of a conspiracy to impede a federal agent. The charges revolve around events on the morning of Sept. 26 outside the U.S. Immigration and Customs Enforcement facility in Broadview.
An indictment alleges that, while a federal agent drove a vehicle toward the ICE facility, the defendants and others surrounded it. Members of the larger crowd allegedly banged on the vehicle, pushed against it, scratched it and even etched the word “PIG” into it.
The crowd allegedly broke a side mirror and a rear windshield wiper and forced the agent “to drive at an extremely slow rate of speed.”
However, video also shows that, after the agent drove the vehicle into the crowd, Abughazaleh grabbed a bullhorn and told fellow protesters, “that’s private property back there, come back here now.”
Defense attorneys say the agent did not wait for police to clear a path, did not identify himself and did not order the crowd to move aside.
Perry on Thursday asked Hogan to confirm that U.S. Attorney Andrew Boutros’ office received no communication from the White House encouraging the prosecution. Defense attorneys sought that and other records in a motion filed late last week. Perry spent much of Thursday’s hearing walking both sides through each defense request.
Along the way, Hogan told Perry the person who scratched the word “PIG” into the agent’s vehicle “was not identified.” The prosecutor also agreed that, if any internal communication exists among the feds suggesting people should be prosecuted for their political beliefs, that should likely be turned over to the defense.
Finally, the lawyers discussed a New York Times article published Thursday about criminal charges brought nationally against protesters as a result of President Donald Trump’s National Security Presidential Memorandum 7. Known as NSPM-7, it addresses “domestic terrorism and organized political violence” and cites the assassination of Charlie Kirk.
Trump issued the memo Sept. 25, one day before the incident at Broadview that led to the conspiracy indictment against the Chicago protesters.
Hogan told the judge he was unaware of the memo until the New York Times article was emailed to him by defense attorneys about two hours before Thursday’s hearing.
“We’ll look into that,” he said.