Supreme Court Rejects Antifa Member’s Bid for Pretrial Release

The Supreme Court on Oct. 13 refused to allow the pretrial release of Kyle Wagner, a self-identified Antifa member arrested over alleged online threats against Immigration and Customs Enforcement (ICE) officers during immigration enforcement operations in Minneapolis.

Wagner was arrested in February on federal threat and cyberstalking charges. He was accused of threatening to assault federal law enforcement officers in Minneapolis and posting on social media encouraging followers to “forcibly confront, assault, impede, oppose, and resist federal officers.”

A judge initially determined that Wagner could be released while awaiting trial under certain conditions, including restrictions on his movements and internet use, finding that he had no violent criminal history and possessed no weapons.

The Sixth Circuit panel later overturned the order and ordered that he remain detained pending trial. Wagner petitioned the Supreme Court on Sept. 29 to stay the Sixth Circuit’s ruling.

In the filing, Wagner’s lawyers said that denying him pretrial release would cause irreparable harm, as he would remain away from his family and unable to earn an income or to fully participate in trial preparation.

“To the extent the Sixth Circuit reached a different conclusion about Wagner’s dangerousness based on its tendentious reading of Wagner’s social media postings, it did so without the benefit of the district court’s experience, and without observance of this court’s precedents,” the filing stated.

“That Wagner’s release would not harm the public interest is underscored by the fact that Wagner is being detained not on the basis of a history of violence, but rather based on his speech.”

The Supreme Court rejected the request on Oct. 13 without providing any explanation.

Prosecutors alleged that Wagner threatened ICE agents through social media videos posted in January, where he spoke about the “constant harassment of ICE” and called on his followers “to cripple them.”

Wagner also allegedly urged people to hunt down ICE agents, unmask them, and prevent federal agents from making arrests through group resistance. In a video posted on Jan. 24, Wagner allegedly called for violence against federal officers, saying he was “not talking about peaceful protests anymore,” prosecutors said.

Prosecutors also said that Wagner doxxed a pro-ICE individual on Jan. 29 by posting the person’s personal details on social media and threatening the individual. Wagner later admitted to doxxing the victim’s parents’ house, according to the Justice Department.

“This man allegedly doxxed and called for the murder of law enforcement officers, encouraged bloodshed in the streets, and proudly claimed affiliation with the terrorist organization Antifa before going on the run,” former Attorney General Pamela Bondi said in a statement on Feb. 5.

The Epoch Times reached out to Wagner’s lawyers for comment but did not receive a response by publication time.

President Donald Trump issued an executive order last year designating Antifa a domestic terrorist organization. The order directed federal agencies to investigate and dismantle all illegal operations conducted by the group or anyone claiming to act on its behalf.

“Antifa is a militarist, anarchist enterprise that explicitly calls for the overthrow of the United States Government, law enforcement authorities, and our system of law. It uses illegal means to organize and execute a campaign of violence and terrorism nationwide to accomplish these goals,” Trump said in his order.