federal prosecutor

According to Acting Atty. Gen. Todd Blanche and other top administration officials, the U.S. Secret Service did a fine job protecting President Trump and Cabinet members from the gunman who breached the White House Correspondents’ Assn. dinner Saturday.

“That horrible act was stopped because of the courage and professionalism of law enforcement — the officers who responded without hesitation and did their jobs as they were trained to do,” Blanche said Monday.

However, according to a detailed accounting filed Wednesday by federal prosecutors in the criminal case against suspect Cole Tomas Allen, the performance of the nation’s preeminent protection agency was marred by inattentiveness and misfires and saved by “extraordinary good fortune” and the gunman falling to the ground.

“The defendant, armed with a 12-gauge shotgun, a .38 caliber pistol, two knives, four daggers, and enough ammunition to take dozens of lives, was apprehended by [Secret Service] officers mere feet away from the ballroom where his primary target was located, along with other members of the Cabinet,” prosecutors wrote Wednesday, in a filing arguing for Allen to be held in detention pending trial on one charge of trying to kill the president and two firearms charges.

Contradicting a prior claim by Blanche that officers had “promptly tackled and detained” Allen, prosecutors wrote that the 31-year-old tutor from Torrance simply “fell to the ground” after blowing past a team of agents just two open flights of stairs from the ballroom.

They wrote that one officer fired at Allen five times, but never hit him.

The same officer saw Allen fire his shotgun “in the direction of the stairs leading down to the ballroom,” prosecutors wrote, and officers later discovered “one spent cartridge in the barrel and eight unfired cartridges in the magazine tube.”

Prosecutors said nothing about the Secret Service officer who Blanche said was shot in his ballistic vest during the incident — adding to speculation that the officer may have been shot not by Allen, but by a fellow officer, or not at all.

Agency critiqued before

In all, the court filing brought further into focus a chaotic Secret Service response that appeared flawed from the start, including in a video Trump posted shortly after the incident in which agents appeared to be idling around an unobstructed entrance when Allen ran past them.

It added to concerns that law enforcement, security experts and members of Congress had raised about the performance of an agency that has been repeatedly called on to improve after previous attempts on Trump’s life. At a 2024 campaign rally in Butler, Pa., a gunman fired a bullet that grazed Trump’s ear, and that same year, another assailant prepared to shoot him from the unsecured perimeter of a Florida golf course.

Robert D’Amico, a former FBI deputy chief of operations for hostage rescue teams who is now a security consultant, said the security failures he saw in the Secret Service’s preparation for Saturday’s dinner — including its failure to set up basic barriers to prevent people from sprinting into the secured area — were stunning, especially given the past threats and the fact the nation is at war with Iran.

“It’s for a person like Trump, who’s had two assassination attempts before and is at war with Iran, which has terrorist training and proxies up, and you still don’t have the basics?” D’Amico said. “It’s unfathomable.”

Other concerns have been voiced by members of Congress, including Republicans.

The House Oversight Committee has requested a briefing from the Secret Service, and Sen. Josh Hawley (R-Mo.) has called for a hearing before the Senate Homeland Security and Governmental Affairs Committee, which also investigated the Butler incident.

In a letter urging the hearing, Hawley said the latest incident “raises questions about presidential security arrangements, potential resource needs, and the degree to which reforms previously proposed by Congress have been adopted.”

House Speaker Mike Johnson (R-La.) told Fox News that from “a layman’s perspective,” event security “looked a little lax in terms of getting into the building,” and that it “doesn’t sound like it was sufficient.”

Sean M. Curran, director of the Secret Service, has been on Capitol Hill in recent days briefing lawmakers.

He told CBS News that agents did a “great job,” but also that the incident remains under review. White House Press Secretary Karoline Leavitt has said that White House Chief of Staff Susie Wiles would be leading discussions on potential updates to Secret Service plans for securing the president.

Fear of graver threats

Blanche has argued that proof of the Secret Service’s effectiveness at the press gala was in the result: Allen was stopped, Trump and other officials were unharmed and no one was killed, despite Allen’s alleged intent.

However, the concerns being raised have to do with the vulnerabilities that were exposed as much as those that were exploited.

Because the dinner was not designated a major “national special security event” — such as a political convention — there were no trained counterassault agents on standby to prevent a breach or to take down a person with a weapon, officials have said.

Law enforcement experts said that was clearly a mistake given so many top officials — Trump, Johnson, Vice President JD Vance, Secretary of State Marco Rubio, Treasury Secretary Scott Bessent and Defense Secretary Pete Hegseth, among others — were in the room.

Such a gathering could have been targeted by foreign adversaries or others with far more experience, less regard for human life and much greater firepower than Allen, experts said.

“Most of my military friends are all saying the same thing,” said D’Amico, who is also a former infantry platoon commander in the U.S. Marines. “If you had had a team of three or four [gunmen], they would have gotten to [Trump].’”

In the initial criminal complaint against Allen, prosecutors included the text of an email Allen sent to family just as he was preparing to rush the security perimeter, in which he allegedly wrote that he had chosen to use buckshot in order to “minimize casualties” and prevent bystanders from being wounded by more powerful bullets penetrating walls.

He also allegedly wrote that he was willing to “go through most everyone” at the event to get to top administration officials, but that guests and hotel staff were “not targets at all.”

In Wednesday’s filing, prosecutors describe Allen’s actions as “premeditated, violent, and calculated to cause death,” and say he was “laden with weapons” as he breached security. But none of those weapons included assault-style rifles that can fire multiple bullets rapidly and have been used to kill civilians in mass shootings across the country for years.

The filing described Allen — a Caltech graduate and high school tutor — not as some trained tactical expert, but as an ideologue who spent part of his Amtrak journey from California to Washington waxing poetic about the landscape around him, describing Pennsylvania’s woods as “vast fairy lands filled with tiny trickling creeks in spring.”

Could have been worse

D’Amico said he and other Marines learned early on in Iraq that entrances to secured locations have to be designed in a “serpentine” fashion, forcing anyone approaching to move more slowly through the area and giving security officers more time to assess their intentions. And at an event the size of the correspondents’ dinner, with so many top officials gathered in a public hotel, you would want to make entrances “even more difficult.”

And yet no barriers seemed to be in place at the event, he said — something anyone trained more than Allen could have capitalized on.

“If they just had come through in a team of three or four who were coordinated and trained, there absolutely would have been penetration into the ballroom,” D’Amico said. “It would have been a gunfight.”

Allen himself questioned the security at the event, according to court records, allegedly writing that he had walked into the Washington Hilton with multiple weapons and no one considered “the possibility that I could be a threat.”

He wrote that if he “was an Iranian agent, instead of an American citizen,” he “could have brought a damn Ma Deuce in here and no one would have noticed” — referring to a powerful machine gun.

“It is fortunate he was only armed with what he had,” said Ed Obayashi, a California law enforcement expert on use of force.

WASHINGTON — Federal prosecutors on Monday charged 31-year-old Torrance resident Cole Tomas Allen with attempting to assassinate President Trump after rushing past security at the White House Correspondents’ Assn. dinner in Washington on Saturday.

The domestic terrorism charge, announced during a brief arraignment hearing in federal court in Washington and detailed in a subsequent charging document, carries a potential sentence of life in prison for the Caltech graduate and high school tutor.

Prosecutors also charged Allen with transporting firearms across state lines while traveling by train from California to Washington and with discharging a firearm during the incident at the Washington Hilton, where officials said a federal agent was shot in his ballistic vest.

In the charging document, prosecutors also detailed an email Allen allegedly sent to family members just as he was preparing to breach the event perimeter, in which he allegedly wrote that top Trump administration officials were his target but that he was willing to “go through” others at the event to reach them.

Allen was instead taken down by agents shortly after rushing past them and before descending stairs and entering a ballroom where Trump and other top administration officials were seated. No officials were injured during the incident, which the White House described as the latest in a string of attempts on Trump’s life.

Federal public defenders assigned to represent Allen did not respond to a request for comment Monday. Allen could not be reached for comment. A person previously reached at the Allen family home in Torrance — which was searched by the FBI over the weekend — declined to comment.

At the morning hearing, Asst. U.S. Atty. Jocelyn Ballantine said Allen “traveled across multiple state lines with a firearm” and “attempted to assassinate the president with a 12-gauge pump-action shotgun.”

Top administration officials — including acting Atty. Gen. Todd Blanche and FBI Director Kash Patel — echoed those claims at a subsequent news briefing. Blanche described Allen as a serious threat, while also downplaying his proximity to the president and the likelihood that he ever could have caused harm to administration officials.

“Law enforcement did not fail. They did exactly what they are trained to do,” Blanche said. He said Allen had either fallen or was tackled to the ground while under fire from law enforcement.

Blanche and Jeanine Pirro, the U.S. attorney for the District of Columbia, said Allen was charged with attempting to assassinate the president because of his writings — which Trump and others in the administration have referred to as a “manifesto.”

Blanche said officials have seized devices from Allen’s hotel room and his home in Torrance, which could add additional context to his motivations, but officials were not prepared to discuss what may have been found on those devices. Pirro said additional charges were pending.

Blanche emphasized that the investigation into the incident is in its early stages. It still isn’t clear, for example, who fired the shot that struck the Secret Service agent.

“We’re still looking at that,” Blanche said.

In the charging document, prosecutors included the text of the manifesto — an emailed document they allege Allen had scheduled to automatically send to family members around the time he entered the secured area at the hotel, in which he declared that Trump administration officials were his targets.

In the emailed document, titled by the writer as an “Apology and Explanation,” Allen allegedly wrote that Trump administration officials would be “prioritized from highest-ranking to lowest” in terms of how he targeted them.

“I would still go through most everyone here to get to the targets if it were absolutely necessary (on the basis that most people *chose* to attend a speech by a pedophile, rapist, and traitor, and are thus complicit) but I really hope it doesn’t come to that,” he wrote, according to the charging document.

Allen allegedly wrote that Secret Service agents were “targets only if necessary, and to be incapacitated non-lethally if possible”; that police, hotel employees and hotel guests were not his targets; and that he would be using buckshot to “minimize casualties,” according to the document.

“I don’t expect forgiveness, but if I could have seen any other way to get this close, I would have taken it,” he wrote, according to the documents. Allen, a tutor in Torrance, also apologized to his family, colleagues and students, but said he felt he had to act as a U.S. citizen represented by the Trump administration.

“What my representatives do reflects on me. And I am no longer willing to permit a pedophile, rapist, and traitor to coat my hands with his crimes,” he allegedly wrote.

The charging document also described the initial moments when Allen entered the secured area and a Secret Service agent was allegedly shot in his ballistic vest.

Prosecutors wrote that federal agents “heard a loud gunshot” as Allen rushed through a metal detector holding a long gun, that a Secret Service officer identified only by the initials “V.G.” was “shot once in the chest” in a ballistic vest, and that he “drew his service weapon and fired multiple times at ALLEN, who fell to the ground and suffered minor injuries but was not shot.”

Allen was found in possession of a 12-gauge pump-action shotgun and a Rock Island Armory 1911 .38-caliber pistol, the document alleged.

Prosecutors requested Allen be held in detention. U.S. Magistrate Judge Matthew J. Sharbaugh, who presided over the hearing, set a second hearing for Thursday morning to determine whether Allen will be held in custody.

Federal public defenders assigned to Allen after he submitted a financial affidavit to the court requesting representation noted that Allen has no prior criminal record, a factor in determining a criminal suspect’s handling before trial.

Those attorneys — Tezira Abe and Eugene Ohm — did not respond to a request for comment after the hearing.

Allen, clad in a royal blue jumpsuit, showed no visible injuries and said little at the hearing, aside from identifying himself and acknowledging that he understood the legal proceedings.

Allen had allegedly outlined his disdain for and intent to kill Trump administration officials in the manifesto written before the correspondents’ dinner. According to the New York Post, Allen in that document described himself as a “Friendly Federal Assassin” who wouldn’t hesitate to shoot any of the more than 2,600 people in attendance to reach officials.

Those at the event included hundreds of journalists and many Trump administration officials — including Vice President JD Vance and First Lady Melania Trump.

Allen had booked a room at the Washington Hilton, where the dinner took place.

Trump in a “60 Minutes” interview Sunday said he “wasn’t worried” at the sound of gunshots. “We live in a crazy world,” he said.

Trump, who has been dogged by questions about his relationship with the deceased sex trafficker Jeffrey Epstein throughout his second term, bristled at the shooter’s reference to a “pedophile” and “rapist” in the manifesto.

“I’m not a rapist. I didn’t rape anybody,” Trump said in the interview with CBS reporter Norah O’Donnell. “I’m not a pedophile.”

He also railed against O’Donnell for quoting that portion of the manifesto, saying it was inappropriate to do so.

During an earlier news conference Monday, White House Press Secretary Karoline Leavitt said the White House was considering whether to revise Secret Service protocols for large events attended by the president, despite his satisfaction with the agency’s performance at Saturday’s event.

Leavitt said the Secret Service successfully neutralized the suspect and cleared the president, first lady and vice president from the room within minutes.

Still, with major celebrations planned around the nation’s 250th anniversary, the World Cup and the Olympics, discussions on potential updates to Secret Service plans will begin this week, led by Chief of Staff Susie Wiles, Leavitt said. For security reasons, the results of those discussions will likely be kept a secret, she added.

“If adjustments need to be made to protect the president, they will be made,” she said.

Leavitt also called on Congress to pass funding for the Department of Homeland Security, which houses the Secret Service, after a political impasse has led to an historic 73-day lapse in such funding.

Leavitt also suggested anti-Trump rhetoric from the president’s detractors played a role in him being targeted and needed to be toned down.

“It is inspiring these crazy people across the country to target not just the president, but those who work for him and those who support him,” Leavitt said.

“Nobody is recent years has faced more bullets and violence than President Trump,” she added. “This political violence stems from a systemic demonization of him and his supporters by commentators — yes, by elected members of the Democrat Party, and even some in the media.”

Blanche echoed that argument — pointing blame at the media, many of whom had been in the ballroom with Trump.

“When you have reporters, when you have media just being overly critical and calling the president horrible names for no reason and without evidence, without proof, it shouldn’t surprise us that this type of rhetoric takes place,” he said.

RALEIGH, N.C. — A U.S. special forces soldier who took part in the capture of Venezuelan President Nicolás Maduro will be released on bond on charges accusing him of using classified information about the operation to win more than $400,000 in an online prediction market, a federal magistrate said Friday.

The magistrate in North Carolina said he would allow Gannon Ken Van Dyke to be released and told him to report to a New York federal courthouse by Tuesday to continue his case there.

Bearded with arm tattoos, Van Dyke said little during the nearly hourlong hearing, during which he was appointed a federal public defender who declined to comment afterward. The $250,000 unsecured bond did not require Van Dyke to put up any money.

Federal prosecutors say Van Dyke used his access to classified information about the operation to capture Maduro in January to win money on the prediction market site Polymarket.

The sites allow people to trade on almost anything — from the Super Bowl to U.S. elections and even the winners of the TV reality shows.

Van Dyke, who is stationed at Fort Bragg near Fayetteville, N.C., was charged Thursday with the unlawful use of confidential government information for personal gain, theft of nonpublic government information, commodities fraud, wire fraud and making an unlawful monetary transaction.

He could face up to 10 years on four of the criminal counts, and up to 20 years on a fifth, the government said Friday. A publicly listed phone number listed for Van Dyke isn’t in service.

Van Dyke, 38, was involved for about a month in the planning and execution of capturing Maduro, according to the New York federal prosecutor’s office. He signed nondisclosure agreements promising to not divulge “any classified or sensitive information” related to the operations, but prosecutors say he used what he knew to make a series of bets related to Maduro being out of power by Jan. 31.

“This involved a U.S. soldier who allegedly took advantage of his position to profit off of a righteous military operation,” FBI Director Kash Patel said in a social media post.

Polymarket, one of the largest prediction markets, said it found someone trading on classified government information, alerted the Justice Department and “cooperated with their investigation.”

Massive profits from well-timed bets aroused public attention days after the raid in Venezuela and brought bipartisan calls for stricter regulation of the markets.

The sudden rise of these markets has led to growing scrutiny by Congress and state governments. Some lawmakers alarmed by highly specific, well-timed trades on the U.S. and Israel’s war against Iran and wagers on President Trump’s next moves have pushed for guardrails against insider trading.

The Trump administration has been supportive of the industry’s expansion. The president’s eldest son is an advisor for both Polymarket and its main competitor, Kalshi,, and is a Polymarket investor. Trump’s social media platform, Truth Social, is launching its own prediction market called Truth Predict.

The Commodity Futures Trading Commission, the federal agency that regulates prediction markets, announced Thursday that it had filed a parallel complaint against Van Dyke.

That complaint alleges that Van Dyke moved $35,000 from his personal bank account into a cryptocurrency exchange account on Dec. 26 — a little over a week before U.S. forces flew into Caracas and seized Maduro.

Van Dyke made a series of bets on when Maduro might be removed from power, according to the complaint. He placed those bets between Dec. 30 and Jan. 2, with the vast majority occurring the night of Jan. 2 — just hours before the first missiles struck Caracas.

The bets resulted in “more than $404,000 of profits,” the complaint says.

“The defendant was entrusted with confidential information about U.S. operations and yet took action that endangered U.S. national security and put the lives of American service members in harm’s way,” said Michael Selig, the commission’s chairman.

Robertson writes for the Associated Press. AP reporters Allen G. Breed in Raleigh and John Seewer in Toledo, Ohio, contributed to this report.

WASHINGTON — The Republican chair of the House Oversight Committee said some of its members would support a presidential pardon for convicted sex trafficker Ghislaine Maxwell in exchange for her assistance in the committee’s investigation into Jeffrey Epstein.

But good luck getting any of them to admit it.

Rep. James Comer (R-Ky.) told Politico Wednesday that “a lot of people” support the idea of Maxwell receiving a pardon from President Trump in exchange for her cooperation in the committee’s investigation.

Although Comer said he opposed a pardon himself — “other than Epstein, the worst person in this whole investigation is Maxwell” — he offered that his committee was “split” on the issue.

Rep. Robert Garcia of Long Beach, the top Democrat on his committee, condemned the idea of a Maxwell pardon and said Democrats on the committee uniformly oppose it.

“It’s outrageous that Republicans on the Oversight Committee are considering a pardon for Ghislaine Maxwell,” Garcia said in a statement. “She is a sexual abuser who facilitated the rape of women and children.”

The Times reached out to all 26 Republicans on the committee to see who, if anyone, supported the idea of a pardon.

Although most didn’t respond, the few who did expressed outrage at the idea.

“I am absolutely not supporting a pardon for her nor have I heard that from anyone else,” said Rep. Anna Paulina Luna (R-Fla.).

“Never in a thousand years,” said Rep. Clay Higgins (R-La.).

Maxwell declined to answer the committee’s questions during a video deposition in February from the Texas federal prison where she is serving her 20-year prison sentence.

She is still challenging her 2021 conviction on five counts related to the sex trafficking of minors for her role in recruiting and grooming girls for Epstein to abuse. She was accused at trial of also participating in the abuse of one victim.

At the time of her February deposition, Maxwell’s attorney David Oscar Markus said she would offer the “unfiltered truth” if granted clemency by Trump.

Attorneys who have represented victims abused by Epstein and Maxwell strongly opposed the idea of a pardon.

“This is a woman who belongs behind bars for the rest of her life for what she did to women,” said Spencer Kuvin, who has represented numerous Epstein victims.

Sigrid McCawley, a managing partner at Boies Schiller Flexner, questioned the value of information Maxwell could provide.

“Ghislaine Maxwell is a proven self-serving liar,” McCawley said in a statement. “There is nothing credible that she will offer the government, and the assertion that she would provide information is simply a smoke screen.”

Trump has not said he is considering a pardon but when asked by reporters he has declined to rule it out.

Epstein abused more than 1,000 girls and young women over the span of decades. He negotiated a lenient deal nearly two decades ago with federal prosecutors in south Florida that allowed him to serve 13 months in a Palm Beach County jail where he was allowed to come and go freely to settle claims that he had abused dozens of high school girls.

Following investigative reporting on that deal by the Miami Herald, federal prosecutors in the Southern District of New York brought new sex charges against Epstein in July 2019. He died in federal custody one month later.

Epstein and Maxwell counted members of the British royal family, multiple presidents and business titans among their friends.

They have been accused of forcing some of their victims to have sex with some of those men. But Maxwell is the only other person who has ever been charged in connection with Epstein’s crimes.

The committee has deposed numerous people who knew Epstein, including Ohio billionaire Les Wexner, who hired Epstein to manage his finances, and former President Clinton and former Secretary of State Hillary Clinton.

The committee has not, however, deposed Trump, who once famously called Epstein a “terrific guy” and said, “I just wish her well,” when told of Maxwell’s arrest in 2020.

The Department of Justice has also released millions of pages of documents from its investigations into the deceased sex offender in response to the bipartisan Epstein Files Transparency Act, which was signed into law last year.

The release of the files has led to criminal inquiries in the United Kingdom into Andrew Mountbatten-Windsor, the former prince, and Peter Mandelson, the former British ambassador to the United States, over allegations that they provided secret government information to Epstein.

So far, the files have not led to any publicly known criminal investigations in the United States.

A dream team has assembled to bring a scripted series based on the book “Perversion of Justice: The Jeffrey Epstein Story” from the drawing board to the small screen.

Oscar-winning actor Laura Dern has signed on to portray Miami Herald investigative journalist Julie K. Brown, whose tireless reporting on the Epstein sex-trafficking case exposed how federal prosecutors approved what many have referred to as a “sweetheart” plea deal for Epstein in 2008.

Per Variety, the official description of the series reads: “An explosive account of an investigative reporter exposing the secret plea deal between Epstein and federal prosecutors. Drawing from Brown’s experience as a groundbreaking reporter for the Miami Herald, the book and the limited series follow her relentless years-long investigation that identified 80 victims, persuaded key survivors to go on the record, and led to Epstein[‘s] and Ghislaine Maxwell’s arrests.”

In 2008, the financier was charged with luring underage girls to his Palm Beach, Fla., mansion for sex. Under the plea agreement with then-U.S. Atty. for the Southern District of Florida Alexander Acosta, Epstein avoided a federal trial — where, if convicted, he could have faced a potential sentence of life in prison — and pleaded guilty instead to two state felony solicitation charges.

He served 13 months in a county jail but was allowed to go to his office six days a week on a work-release program.

Co-showrunners for the project are Eileen Myers, known for “American Hostage,” and Sharon Hoffman, best known for her work on “House of Cards” and who is adapting Brown’s book for television. Dern will also executive produce, along with Adam McKay and Kevin Messick, known for “The Big Short,” “Don’t Look Up” and “Succession.” Brown is also executive producing.

Although Sony Pictures Television is still pitching the series to networks and streamers, industry insiders predict that, with Dern and McKay on board, a green light is on the horizon.

Last week, Brown joined veteran journalist Katie Couric live on Substack to discuss her reporting on Epstein, and how the disgraced financier and his camp underestimated her. “I don’t think he worried about the little old reporter from the Miami Herald,” she said.

“When you have a sex predator of children who is — at the time I wrote this story, he was out there, you know, he was free — and he was still, as we now know, harming children,” Brown told Couric. “And so my goal at the time was to look at how this happened.

“Where was the breakdown? Was there someone who … was powerful who let him off the hook, and I just thought it was a good time to take a new look at it like a cold case detective would.

“By the time I decided to reopen the case, these women, these victims who were 13, 14, 15 years old, were now in their late 20s and early 30s, and Donald Trump became president right around this time. And ironically, as I was already looking at this story, he nominated Alexander Acosta to be his Labor secretary, and I knew at the time that he was the very person who had let [Epstein] off the hook. And so that’s where I started looking at this case.”

DALLAS — A federal jury Friday convicted nine people — eight on terrorism charges — over a shooting at a Texas immigration facility that federal prosecutors tied to antifa, the decentralized far-left movement that has become a target of the Trump administration.

One person was also found guilty of attempted murder after prosecutors say he opened fire last summer outside the Prairieland Detention Center outside Fort Worth, wounding a police officer. The Justice Department called the violence an attack plotted by antifa operatives, but attorneys for the accused denied that characterization, saying there were no antifa associations and that there was merely a demonstration with fireworks before gunshots broke out.

U.S. District Judge Mark Pittman, an appointee of President Trump, presided over the nearly three-week trial in Fort Worth. It was closely followed by legal experts and critics who called the proceedings a test of the lengths the government can go to punish protesters.

FBI Director Kash Patel had said the case was the first time charges of providing material support to terrorists had targeted people accused of being antifa members.

“Today’s verdict on terrorism charges will not be the last as the Trump administration systematically dismantles Antifa and finally halts their violence on America’s streets,” U.S. Atty. Gen. Pam Bondi said in a statement.

Short for “anti-fascists,” antifa is not an organization but rather an umbrella term for far-left militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.

Protesters denied having antifa ties

Defense attorneys told jurors that there was no plan for violence on July 4 outside the facility in Alvarado.

Of the nine defendants on trial, eight faced the charge of providing material support to terrorists, among other charges. The ninth defendant, Daniel Sanchez Estrada, was charged with corruptly concealing a document and conspiracy to conceal documents. He was found guilty of both.

Sanchez Estrada’s attorney, Christopher Weinbel, said he can’t believe jurors “came to this conclusion.” Weinbel said his client had deployed as a member of the U.S. Army several times and he’d hoped what he sacrificed for the country “meant something.”

“But I feel like it turned its back on justice with this. … The U.S. lost today with this verdict,” Weinbel said.

Prosecutor Shawn Smith told jurors during closing arguments that the group’s actions — including bringing firearms and first aid kits and wearing body armor — were all signs of nefarious intent. He said they practiced “antifa tactics” and were “obsessed with operational security.”

Attorneys for the defendants have said that there was no planned ambush and that protesters who brought firearms did so for their own protection — in a state with very lenient gun laws.

A test of 1st Amendment rights

The terrorism charges followed Trump’s order last fall to designate antifa as a domestic terrorist organization. Those charges did not require a tie to any organization, and there is no domestic equivalent to the State Department’s list of foreign terrorist organizations. That’s in part because organizations operating within the United States are protected by broad 1st Amendment rights.

Critics of the Justice Department’s case have said the outcome could have wide-reaching effects on protests.

“That opposition is something that the government wants to squash, so a case like this helps the government kind of see how far they can go in criminalizing constitutionally protected protests and also helps them kind of intimidate, increase the fear, hoping that folks in other cities then will think twice over protesting,” said Suzanne Adely, interim president of the National Lawyers Guild, a progressive legal group.

Trial focused on shots fired

Attorneys for the defendants have said most protesters began leaving when two guards from the center came outside. That was before any shots were fired.

Prosecutors said Benjamin Song, a former Marine Corps reservist, yelled, “Get to the rifles,” and opened fire, striking one police officer who had just pulled up to the center.

Though it was Song who opened fire, prosecutors charged several other protesters with attempted murder of an officer and discharging a firearm, but they were found not guilty. The prosecution had argued that from the group’s planning, it was foreseeable to those others that a shooting could happen.

The officer who was shot, Alvarado Police Lt. Thomas Gross, testified that when responding to the scene he saw a person clad in all-black with their face covered and carrying a rifle. He told jurors he was shot with a round that went into his shoulder and out of his neck.

Song’s attorney, Phillip Hayes, told jurors during closing arguments that there wasn’t a call to arms before Gross arrived on the scene and “aggressively” pulled out his firearm. Hayes suggested that Song’s shots were “suppressive fire” and that a ricochet bullet hit the officer.

Leading up to the trial, several people pleaded guilty to providing material support to terrorists after being accused of supporting antifa. They face up to 15 years in prison at sentencing.

Some of them testified for the prosecution, including Seth Sikes, who said he went to the detention center because he wanted to bring some joy to those held inside.

“I felt like I was doing the right thing,” he said.

Stengle writes for the Associated Press. AP writer Jim Vertuno in Austin, Texas, contributed to this report.