By John Kruzel
WASHINGTON, Oct 13 (Reuters) – The US Supreme Court on Tuesday declined to allow the pretrial release of an anti-ICE activist whose arrest for an allegedly threatening social media post during an immigration crackdown in Minneapolis was touted by President Donald Trump’s administration in its campaign against “left-wing agitators.”
The justices denied self-described antifa, or “anti-fascist,” member Kyle Wagner’s request to revive a judge’s ruling that ordered his pretrial release. Wagner was returned to custody after federal prosecutors appealed the judge’s release order, arguing that he posed a danger to the community.
Wagner’s lawyers argued in court papers that he was being unlawfully detained and noted that he has no violent criminal history.
Trump has made countering left-wing groups — and antifa in particular — a priority during his second term in office. The Republican president signed an executive order last year declaring the movement a “domestic terrorist organization” and has threatened to investigate and prosecute those who financially support it.
Wagner faces one count each of cyberstalking and transmitting interstate threats for his attempt to publish personal information, or “dox,” a prominent online supporter of Trump’s hardline immigration policies. Prosecutors cited other social media posts by Wagner — including his statement that the situation in Minneapolis was “kill or be killed” — as evidence of his dangerousness.
Wagner’s arrest in Minneapolis on February 5 came during the Trump administration’s large deployment of federal agents to the region in an immigration crackdown that spurred protests and led to the killing of two US citizens by immigration agents.
During a White House briefing that day, then-White House Press Secretary Karoline Leavitt displayed a printed photograph of a shirtless Wagner — who has tattoos on his face, neck and chest — and described him to reporters as a “domestic terrorist.”
“As for the left-wing agitators who have been illegally obstructing ICE’s immigration efforts, we are not letting that behavior go unnoticed or unpunished,” Leavitt said from the White House lectern. “In fact, just today, the Department of Homeland Security arrested this individual. He is a self-proclaimed antifa member who has been threatening, doxing, harassing ICE.”
In August, the Cincinnati-based 6th US Circuit Court of Appeals granted the Justice Department’s request to reverse US District Judge Denise Page Hood’s pretrial release order.
Wagner’s trial is scheduled to begin in January.
Judge Whitney Hermandorfer, a Trump appointee, wrote the 6th Circuit’s 2-1 ruling that was joined by Judge Alan Norris, an appointee of Republican former President Ronald Reagan. The 6th Circuit ruled that the administration had made an adequate showing of Wagner’s dangerousness.
In dissent was Judge Rachel Bloomekatz, an appointee of Democratic former President Joe Biden, who wrote that, “The government seldom appeals pretrial release orders, so why is it insistent here?”
Bloomekatz continued, “Wagner, who identifies as ‘antifa’ (anti-fascist) and has large tattoos on his face, neck and chest, looks aggressive in his social media videos, so it is no surprise that the White House press secretary held up a photo from one of his videos while touting law enforcement efforts against ‘left-wing agitators.’ … But Wagner has never committed a violent crime.”
In his Supreme Court filing, Wagner’s lawyers told the justices that the 6th Circuit’s conclusion about his dangerousness was based on a “tendentious reading of Wagner’s social media postings.”
(Reporting by John Kruzel; Editing by Will Dunham)
Comments