Judge declares mistrial in Texas ‘antifa’ protest case over attorney’s T-shirt | Texas

A federal judge in Texas declared a mistrial Tuesday after a defense attorney wore a shirt with images from the civil rights movement in court, delaying a closely watched case in which the Trump administration accused a group of protesters of being terrorists and said they were part of “an antifa cell in North Texas.”

U.S. district judge Mark Pittman, appointed by Donald Trump, declared a mistrial just hours after jury selection began at the federal courthouse in downtown Fort Worth. MarQuetta, an attorney for one of the defendants, abruptly stopped the trial after Clayton questioned potential jurors for about 20 minutes and objected to the shirt he was wearing under a black jacket. The shirt featured images of civil rights movement leaders such as Martin Luther King Jr. and Shirley Chisholm, as well as images of protests from that period.

Clayton had been in the courtroom all day, with his shirt visible to Pittman, but the judge did not stop the trial until Clayton began questioning the approximately 75 potential jurors who had assembled.

Pittman added that the decision to wear the shirt may have been intentional, claiming that the shirt sent a political message that could bias jurors and equate the actions of the defendants in the case with the civil rights movement. Pittman also argued that defense attorneys would be outraged if prosecutors wore shirts showing pro-ICE or pro-Trump imagery to a jury.

A mistrial means the trial will restart with an entirely new panel of potential jurors. The judge announced that the trial will restart at 9 am on Monday.

“I don’t think I have any choice but to declare a mistrial,” Pittman said, and also warned Clayton about showing potential jurors a poster that had not been previously presented to the court. “I think this should be a first in American legal history.”

Clayton running It’s for a district judge position in Texas, where early voting begins Tuesday. He declined to comment as he left the courthouse, saying only that he would continue to represent his client in the case.

The nine defendants, whose trials began Tuesday, were part of a group of protesters facing criminal charges after a July 4 demonstration at an ICE detention facility near Fort Worth.

While demonstrators set off fireworks outside in solidarity with people detained inside, some protesters are accused of spraying graffiti on the security booth and vehicles in the parking lot, slashing the tires of a government vehicle and destroying a security camera. Prosecutors described the incident as a coordinated attack in court documents, saying the protesters were dressed in all black and armed to hide their identities. They also claimed that a protester shot and injured a police officer at the scene.

The case marks the first time the government has filed terrorism charges against antifa, an acronym for antifascist that is not a defined entity but rather an umbrella of left-leaning ideologies. The Trump administration has vowed to crack down on Antifa, and experts believe the case could set a dangerous precedent for prosecutors to pursue criminal charges against protesters demonstrating against ICE.

Lawyers for the nine defendants unanimously agreed that they did not think a mistrial was warranted, questioned whether jurors had seen Clayton’s shirt, and said any potential bias could have been eliminated by questioning jurors during jury selection. The lead federal prosecutor on the case, Shawn Smith, did not take a position, saying he had never encountered a similar situation before.

Harrison Stables, 23, one of the potential jurors dismissed after Pittman declared a mistrial, said in an interview that he did not see Clayton’s shirt and did not think it would in any way affect his decision-making in the case.

Another dismissed juror, who declined to give his name, said he understood the image on the shirt to say something about a “fight” but said it wouldn’t affect his assessment of the case.

“I have a hard time understanding how this could be fair or reasonable in this judicial environment,” Lydia Koza, whose wife, Autumn Hill, is one of the defendants, said in an interview across the street from the courthouse where supporters had gathered with banners, coffee and food. A cadre of family members, attorneys, journalists, observers and supporters also packed into a packed room at the federal courthouse Tuesday to watch jury selection via simulcast.

Questions posed to potential jurors Tuesday before the mistrial offered a glimpse of themes in the case that could be key to both sides’ strategy. Prosecutor Smith asked potential jurors about bias against ICE and President Trump, among other topics. Clayton asked jurors about the difference between a riot, a noise demonstration and a protest, and whether it was acceptable to bring a gun to a protest.

Pittman’s decision on Tuesday followed a series of pretrial rulings that penalized attorneys for the plea. He ordered three defense attorneys in December. Each pays $500 fine for making aggressive requests for discovery. He also nearly blocked attorney George Lobb from representing one of the defendants, saying he did not meet the residency requirements to practice in the district. Lobb eventually withdrew from the federal case and was replaced by Clayton.

After declaring the mistrial, Pittman gave a brief speech denouncing the partisan divide in the country, saying he was “absolutely disgusted” by it and that “we need to find a way to reduce the anger.”