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A trio of conservative and libertarian-leaning groups have asked a federal judge to force the disclosure of confidential files about undercover agents from U.S. Immigration and Customs Enforcement infiltrating left-wing protest groups in Minneapolis.
The Cato Institute, the Foundation for Individual Rights and Expression, and the Society for the Rule of Law filed a friend-of-the-court brief on Tuesday arguing that the Trump administration illegally targeted protesters based on their ideology.
A wide-ranging ICE investigation in the Twin Cities resulted in the June indictment of the protesters, widely known as the Minneapolis 15, for allegedly using criminal methods to try to block the administration’s crackdown on immigrants.
The defendants were “members and associates” of Direct Action Minnesota, a protest group that used aggressive actions to disrupt the crackdown, according to the indictment.
Yet a court filing from the defense earlier this month revealed that ICE sent undercover agents to spy on a much broader array of groups, including mainstream organizations such as local labor unions and the youth-led Sunrise Movement.
The defendants filed a motion asking the judge overseeing the case to force the disclosure of even more files, alleging that they will show that the government illegally targeted left-wing protesters for their politics rather than their alleged crimes.
On Tuesday, the right and libertarian-leaning groups came to the left-wing protesters’ aid with the friend-of-the-court brief. The groups, which are represented by the legal nonprofit Protect Democracy, argue that the facts revealed so far support the defendants’ claims.
The groups pointed out that some of the government’s own files say the origins of the investigation into left-wing protesters lies in a memo that President Donald Trump issued after the assassination of right-wing activist Charlie Kirk.
Known as National Security Presidential Memorandum 7, or NSPM-7, the memo called for a crackdown on groups espousing “anti-Americanism, anti-capitalism, and anti-Christianity,” accusing the groups of terrorism and political violence.
“The limited public disclosures here confirm the investigation for this case originated under NSPM-7,” the groups said. “Those disclosures also indicate the investigation was part of a larger strategy to target those who espoused views opposed to immigration enforcement and engaged in associational activity disfavored by the government. NSPM-7 effectively uses the domestic terrorism label to justify criminal investigations into disfavored groups that would not otherwise be targeted.”
U.S. Magistrate Judge David Schultz is set to consider the defendants’ request to force the government to hand over more confidential files at a court hearing on Thursday.
Federal prosecutors filed a motion opposing the release of more files last week, arguing that they have already turned over more evidence than legally required and the defendants have not met the high legal burden of showing that they were the targets of selective prosecution.
Prosecutors argued that the actions of alleged members of Direct Action Minnesota, or DAMN, who are accused of blockading a federal building and tailing federal agents to their homes, were a far cry from the thousands of “peaceful” protesters who took to the streets earlier this year after the killings of Renee Nicole Good and Alex Pretti.
“In this case, the defendants actively conspired to shut down a federal facility and they were successful on at least two occasions,” prosecutors said. “In fact, DAMN members were openly hostile and critical of individuals who advocated for peaceful, nonviolent protests.”
The post Conservative Groups Side With Minneapolis Protesters Against Trump Crackdown appeared first on The Intercept.
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