.

“As an adjudicated insurrectionist, Trump is an illegitimate president according to Section 3 of the 14th Amendment, and therefore every official act as president will be illegitimate.”

–Mike Zonta, co-editor of OccupySF.net

The 14th Amendment states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.”

Call your Congressperson and your U.S. Senators at (202) 224-3121

The Soaring Case for Impeachment of Corrupt, Cruel, and Lawbreaking Trump

A lego President Donald Trump is shown in a screenshot of a Cuban video

US President Donald Trump is depicted in a Cuba-themed Lego-style video inspired by viral pro-Iran clip series.

 (Photo by screen shot/Tere Felipe/X)

Trump is an unstable lame duck outlaw, including violating congressional authorities. He must be stopped.

Ralph Nader

May 30, 2026 Common Dreams

Give Dangerous Donald credit. Coming off the floor of his 2020 defeat, under several federal and state indictments, a convicted felon, accused by over sixty women of sexual abuse or worse, his endorsed candidates having lost in the 2022 elections, the Trump business brand wilting along with his polls, Trump displayed more vengeful energy and cunning than the entire feeble, defeatist Democratic Party apparatus. He roared back against all odds in 2024 as an elected dictator to implement his declaration that he “can do whatever I want as president.”

Trump’s wrecking, endangering, and weakening of America worsens by the day, as he doubles down and calls his critics “deranged,” “demented,” “wackos,” “weak,” “low-IQ,” “crazy,” and “treasonous.” Moreover, his vicious expletives expand by the day.

RECOMMENDED…

Viral Video Compilation Shows Top Iran War Booster Making One Failed Prediction After Another

Viral Video Compilation Shows Top Iran War Booster Making One Failed Prediction After Another

Secretary Hegseth And Chairman Caine Hold Pentagon Press Briefing On Iran Strikes

The Desperate, Toxic, and Pathetic Crusade of Pete Hegseth

However, the tide is finally turning against the failed gambling Czar and Netanyahu dittohead. Trump’s relentless greed is starting to undermine his dwindling support, despite his control of the Republican primaries. The headlines tell the story of his decline, and not just in the polls, with approval ratings down to 35%. The majority of Americans polled—nearing 60%—want him impeached and removed from office. This demand comes without the backing of the Democratic Party leadership, still skittish about mounting an Impeachment Drive. The case for Impeachment is aided and abetted daily by Trump’s outrages.

Let’s go to the revealing Headlines:

Millions are Expected to Lose ACA Coverage” (Washington Post, May 20, 2026).

Due to Trump’s GOP ending subsidies.

Fast-Moving Ebola Outbreak May Prove Difficult to Contain” (Washington Post, May 20, 2026). “People Will Die of Ebola Because of U.S. Cuts to Global Health” (New York Times, May 22, 2026).

Significantly due to Trump cutting USAID’s funding, monitoring, and disbanding critical expert teams.

“Mosque killings follow rise in anti-Islam voices” (Washington Post, May 20, 2026).

Led by chief Islamophobe, Donald Trump, from Day One in 2017.

“Trump’s Deal with Trump,” and “Prison to Pardons to Payouts: Rioters Rejoice” (New York Times, May 21, 2026). “I.R.S. Ordered to Drop Audits Against Trump as Part of Payout Deal” (New York Times, May 20, 2026).

Trump uses the government to reward his lawless supporters and wants to put himself above the law.

Trump’s War is Punishing the Working Class” (New York Times, May 18, 2026).

Trump cares far more about the super-rich than the working class.

EPA Wants to Repeal Limits on ‘Forever Chemicals’ in drinking water” (Washington Post, May 19, 2026), “Coal’s Comeback Fouls the Air With Resurgent Levels of Toxic Mercury” New York Times, May 13, 2026), “Chemical Board That Trump Wants to Remove Warns on Disaster Rules’ Rollback” (New York Times, May 18, 2026).

While a deadly chemical spill in California forces evacuation of 50,000 residents in Orange County.

Trump Ramps UP Lawlessness on the Seas” (Washington Post, May 5, 2026).

Speaks for itself.

Now comes the headline, “A tough week for Trump on Capitol Hill, as Republicans deal him setbacks” (Washington Post, May 23, 2026) that must worry Trump. The $1.8 billion slush fund for violent, convicted felons and immunity for Trump and his extended family from IRS audits and enforcement proved too much for Trump lackey Majority Leader John Thune (R-SD). At the same time, Trump endorsed Texas Attorney General Ken Paxton, a crook impeached by his own Party in the Texas House, an adulterer under suit by his wife for divorce (see the Post article of May 19, 2026) over former judge, Sen. John Cornyn, popular with the Senate GOP. Earlier, Trump came out against Sen. Bill Cassidy (R-LA), helping Cassidy lose the primary. To Thune and allies, a president coming out against his own incumbents is treachery.

So, the water in the Senate GOP’s cauldron may be starting to boil. They know about Nixon’s experience in 1974 coming off winning 49 out of 50 states in the 1972 election. With Nixon’s polls sinking after the Watergate scandal (a quaintly modest one-time crime, compared to Trump’s hundreds of continuing scandals), the Congressional GOP saw itself sinking in the 1974 elections. A delegation of GOP Senators went to the White House and told Nixon, “Mr. President, your time is up.” Nixon resigned days later.

One can envision something similar today. Trump is an unstable lame duck outlaw, including violating congressional authorities. Republicans have to face the voters in November. They are likely to lose the House. The Senate has 20 Republican Senators up for election compared to only 12 Democrats. They have a three-vote margin now. Trump, given his economy, his chosen wars, his unrestrained greed and self-enrichment, is making prospects of a Democratic win in the Senate more possible.

Had the Democrats not ceded half the states (the red states) to the Republicans decades ago, leaving behind remnants of their organized presence, almost all the Republican Senators running this year could be at risk. Instead, only about six have competitive races—thank you, obtuse Democratic Party.

In any event, most politicians, however servile they may have been to a President, prefer saving their own political skins to falling on their swords for an unpopular president losing his cognitive grip and voter sensitivity by the day. (See the April 30, 2026 statement from medical professionals in the Congressional Record – “Medical Concerns About President Donald J. Trump and His Fitness For Office.” Do you know any other president who would say “I don’t care about the financial condition of Americans” in the midst of surging inflation, rising food, health care, rental, and gasoline prices? A president who is using the White House to massively enrich himself and his family. (See Cashing in on the presidency: here).

Unless Hakeem Jeffries and Chuck Schumer open the Party to input from labor and advocacy groups to help sharpen a stronger, authentically advanced agenda (Compact for America, anyone?), the Democrats may eke out a 51 to 49 win, with erratic John Fetterman (D-PA) playing the role of Senator Joe Manchin (D-WV) as the swing vote. This will give the tie-breaking power to Vice President J.D. Vance.

One slim ray of hope: The Washington Post reported on May 17, 2026, that “House Minority Leader Hakeem Jeffries (D-New York) has directed the chamber’s Democratic policy committee to host listening sessions with members, with voters and with advocacy groups to inform a party-wide agenda…”

Even if you don’t believe Jeffries, rush through that open door with your proposals, as we will with the recommendations of 24 civic leaders (see winningamerica.net). My winning get-out-the-vote agenda is there as well. (See my column: “Somersaulting Voters: Stopping Rabid Gerrymandering,” May 15, 2026).

Contact Rep. Hakeem Jeffries – https://jeffries.house.gov/ / 202-225-5936.

Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

Ralph Nader

Ralph Nader is a consumer advocate and the author of “The Seventeen Solutions: Bold Ideas for Our American Future” (2012). His new book is, “Wrecking America: How Trump’s Lies and Lawbreaking Betray All” (2020, co-authored with Mark Green).

Full Bio >

Tom Steyer On Affordability and PG&E at KQED Governor Town Hall

KQED News May 27, 2026 Political Breakdown With one week until voting ends in California’s June primary, Democratic candidate for governor Tom Steyer sold himself as a populist who will use his experience in finance to squeeze more out of corporations and help average Californians with rising costs. Steyer, one of the race’s three leading candidates, is a former hedge fund manager who has spent hundreds of millions of dollars of his fortune in recent years pushing progressive causes, including fighting climate change, opposing President Trump and, now, running for governor. At a KQED town hall Tuesday night, he returned to his campaign’s central theme of affordability. Steyer fielded questions from both the audience and KQED’s Guy Marzorati. It was the third in a series of town hall events KQED hosted with top-polling candidates for governor this election season.

Articles ~ Petitions + June Execution Petitions ~ Events for Saturday, May 30 – Thursday, June 4

By Adrienne Fong

Not back posting on a regular basis.

Things are happening very rapidly in the Middle East – Gaza, West Bank, Lebanon, Iran, Yemen, Syria and even in the U.S. etc….

RESOURCES:

 UPDATES WITH BAY RESISTANCE and get plugged to actions you can support, text “Resist” to 888-850-0928

GI HOTLINE (877) 477-4497

Center On Conscience and War: 800-379-2679 (toll free) In Washington DC

  – Share these numbers to people who know active duty service members

There are events listed on Indybay that might be of interest to you(many listings in the South, North & East Bays and beyond the bay area)

Please post your actions on Indybay: https://www.indybay.org/calendar/?page_id=12

Bay Area Progressive Action Calendar: ATW Bay Area / NorCal — Action Together West

ARTICLES

A. Israeli occupiers attack Palestinian homes, lands across occupied West Bank –May 30, 2026

Israeli occupiers attack Palestinian homes, lands across occupied West Bank – Middle East Monitor

B. Indigenous Led-Anti-Austerity Protests Rock Bolivia – May 29, 2026

C. The time for a U.S. arms embargo on Israel is now – May 29, 2026

The time for a U.S. arms embargo on Israel is now – Mondoweiss

  See Petition # 1

D. GG Bridge protestors against Gaza war, testify in felony case (Photo credit: Laurie Moorhead) – May 29, 2026

https://www.ktvu.com/news/defendants-testify-about-gg-bridge-shutdown-gaza-war-protest.amp  

From KTVU

  See Event # 4

E. Activists Defend Golden Gate Bridge Shutdown in Gaza War Protest Trial – May 29, 2026

https://www.kqed.org/news/12082743/activists-defend-golden-gate-bridge-shutdown-in-gaza-war-protest-trial

  From KQED

F. Livestream: South Lebanon resists Israel – May 27  2026

Livestream: South Lebanon resists Israel | The Electronic Intifada

2 PETITIONS

1. Stop fueling Israel’s atrocities in Gaza and Lebanon — block Trump’s latest weapons sale to Israel NOW!

  SIGN: Stop fueling Israel’s atrocities in Gaza and Lebanon — block Trump’s latest weapons sale to Israel NOW! | Demand Progress

     Petition to Congress:
      We urge you to block the White House’s latest unilateral “emergency” $992.4 million weapons sale to Israel.

2. Make Trader Joe’s a sanctuary for ICE’s violence

  SIGN: Make Trader Joe’s a sanctuary from ICE’s violence.  

PETITIONS of JUNE EXECUTIONS (click on the name to sign)

June 2, 2026 at 6:00 pm ET:
Andrew Lukehart in Florida

June 11, 2026 at 6:00 pm CT:
Jeffery Lee in Alabama

June 25, 2026 at 6:00 pm ET:
Dusty Spencer in Florida

EVENTS / ACTIONS

Saturday, May 30 – Thursday, June 4

Saturday, May 30

1. Saturday, 6:00pm – 9:00pm, Art & Revolution – Opening Reception

Companeros Del Barrio
474 Valencia St. (Between 15trh & 16th Sts.)
San Francisco, CA 94103 

16th St. BART

SF Muni – #’s 22, 14, 49

All are invited to:

ART and REVOLUTION ~ Opening Reception 

Featured artist: Ayianna Failey Vasquez.
 – Ayanna is a young revolutionary artist whose work will be featured.

Opening Reception is Saturday, May 30th from 6:00pm-9:00pm.

Her art will be displayed at Companeros Del Barrio from
  May 30th – June 30th. 

Info: ART and REVOLUTION ~ Opening Reception : Indybay

Sunday, May 31

2. Sunday, 1:00p,m. – 3:00pm, Farmworkers Betrayed: Latinx Feminists speak out on César Chávez abuses–watch party

Online registration:

Meeting Registration – Zoom

FREE

This online forum watch party features activists who will discuss how predatory behavior by the leader of the United Farm Workers was hidden for decades and how organizations can prevent such tragedies.

Speakers: Desirèe Rojas – labor organizer and daughter of UFW cofounder Albert Rojas; Martha Cotera – a leader of La Raza Unida Party in the 1970s (Austin); Yolanda Alaniz – former farmworker and historian of UFW (Los Angeles); Yuisa Alegria-Gimeno – queer feminist and LA County worker

Host: Radical Women

Info: Farmworkers Betrayed: Latinx Feminists speak out on César Chávez abuses–watch party : Indybay  

3. Sunday, 1:00pm, No War on Cuba

Meet at:

Market & Powell Sts.
SF

An urgent protest is called for Sunday, May 31 in San Francisco against a likely U.S. military attack on Cuba. Already, 5 months of a total oil blockade has devastated the economy, causing unprecedented suffering for the people. The recent indictment of Raul Castro by the United States Department of Justice is a shameful injustice and pretext for an unprovoked war on Cuba.

Now is the time to stand together and stop this war before it starts. Join us in San Francisco! Bring your signs and banners!

Host: PSL Bay Area

Info: https://www.instagram.com/p/DY5lUg-vh1N/

Monday, June 1

4. No Court Trial Today for Golden Gate Bridge 7 (26)  Court resumes on Tuesday, June 2 or Thursday, June 4)

Court House
400 McAllister (Corner of Polk St. & McAllister)
SF

For court updates view Intagram/slides https://www.instagram.com/p/DX_AGSJFLFo/?img_index=3

5. Monday, 8:00am – 12Noon, Court Support for Stop AI Activist 

Court House
400 McAllister (Dept. 503)
SF

Support activist Wynd Kaufmyn who is being tried for non-violent civil disobedience against Sam Altman’s company OpenAI. Come to SF City Hall for Press Conference and walk across the street to SF Superior Courthouse at 400 McAllister St, Dept. 503 for Trial. Wear red or come with signs! There will be a sign-making station and a table to leave signs during the trial if you want to keep them.

In a historic, first-of-its-kind trial, a member of the group StopAI is facing charges for blockading the doors of OpenAI. OpenAI’s product, ChatGPT, has already been implicated in user suicides and mass shootings, demonstrating its potential for lethal harm. Mass layoffs, AI psychosis, war crimes, dystopian levels of surveillance, and loss of human control are growing threats from AI likely to culminate in catastrophic global harms.

Wynd asserts her actions were necessary to prevent imminent harm from OpenAI’s reckless development of AI. The necessity defense was used in 2018 when a Boston Municipal Judge acquitted 13 climate activists who blocked a fracked gas pipeline. The judge found the activists not guilty on the basis of necessity. Wynd needs support to establish this precedent for AI.

For more information: https://www.stopai.info/

Info: Court Support for Stop AI Activist : Indybay

6. Monday, 12:30pm – 1:30pm, No Monarchs Monday: Weekly Protest at Tesla in San Francisco

At the Tesla Dealership, 999 Van Ness (corner of Van Ness and O’Farrell)
SF

No Monarchs Monday: Weekly Protest at Tesla in San Francisco

Join us to stand up for democracy, civil liberties, and the planet, and against the fascist/authoritarian Trump Regime!

ABOLISH ICE! END THE WAR ON IRAN!

Bring a sign if you have one.

Info: No Monarchs Monday: Weekly Protest at Tesla in San Francisco : Indybay

Tuesday, June 2

7. Tuesday, 8:00am – 10:00am, No More Genocide! Protest at Microsoft Conference

Fort Mason Center
SF

RALLY AGAINST MICROSOFT CONFERENCE
Tuesday, June 2nd 8 AM
Fort Mason Center, San Francisco

No Azure for Apartheid, the campaign by current and former Microsoft workers against Microsoft’s cloud and AI contracts with the Israeli military and government, is mobilizing on June 2nd for a community rally against Microsoft Build conference!

Microsoft is expecting a few thousand attendees to show up to this conference where they plan to showcase their latest cloud and AI developments, all while those same technologies are sold as digital weapons to the Israeli military and government to fuel occupation, apartheid, and genocide. The speakers for this event include Microsoft CEO Satya Nadella as well as former IOF soldiers giving talks about cloud and AI throughout the event. Let’s turn up and show Microsoft that there will be no business as usual while Microsoft and its execs have blood on their hands!

NO TECH FOR GENOCIDE!
IOF OFF AZURE!
DIGITAL ARMS EMBARGO NOW!

Info: No More Genocide! Protest at Microsoft Conference : Indybay

Thursday, June 4

8. Thursday, 8:00am, Stop the DMV Data Grab!

DMV
1377 Fell St.
SF

California is preparing to share DMV records through a third-party database system, potentially exposing sensitive personal information to federal agencies, including ICE and the Trump administration.

This plan puts all our data at risk, especially immigrants, trans people, and anyone who could be targeted because of their identity or because they disagree with the administration.

The shared data will include whether a driver has a Social Security number, which could be used to compile bulk lists of undocumented drivers and their addresses. This data sharing would shatter California’s decade-long promise to protect the personal information of more than one million immigrant drivers.

Join Bay Resistance and community partners as we demand transparency, privacy protections, and a firewall around Californians’ personal data.

Info: https://www.instagram.com/p/DY8RrLuDf6E/ 

9. Thursday, 4:00pm – 6:00pm, Tell Target to Stand Up To ICE! 

Metreon Target:

789 Mission Street. Meet on the sidewalk by the Mission Street entrance.
SF

Tell Target: We will boycott until they Stand Up To ICE!

Join us to say: Until Target acts to protect its workers and guests from ICE, we will not shop at Target!
We will hold signs, hand out flyers, and explain why we must all boycott Target until they Stand Up To ICE.
Bring a sign if you have one.

Info: Tell Target to Stand Up To ICE! : Indybay

Postal Service moving forward with Trump’s attack on mail voting

By Jacob KnutsonJim Saksa

May 29, 2026 (DemocracyDocket.com)

President Trump signing his mail voting executive order in the White House in March 2026. (Photo: Alex Wong/Getty Images)President Trump signing his mail voting executive order in the White House in March 2026. (Photo: Alex Wong/Getty Images)

The U.S. Postal Service (USPS) said in a yet-to-be-published proposed rule Friday that it’s drawing up plans to radically crack down on mail voting by sending ballots only to voters who are registered with the federal government.

The proposed rule, which will be formally published next week, is an alarming step toward implementing President Donald Trump’s sweeping attack on mail voting ahead of the 2026 midterm election. And it would represent a massive expansion of federal control over voting, without congressional authorization.

SIGN UP TODAY

Get updates straight to your inbox — for free

Join 350,000 readers who rely on our daily and weekly newsletters for the latest in voting, elections and democracy.

Trump signed a sweeping executive order in March that, in part, ordered the Postal Service to only send mail ballots to voters on lists created and controlled by the federal government. 

The order is currently the subject of multiple lawsuits. USPS’s proposed rule came a day after a federal judge overseeing one of the lawsuits declined to block the order. The judge concluded the plaintiffs lacked standing to challenge the order since federal agencies had not yet taken steps to implement it. 

Now, that appears to have changed.

USPS is moving forward with the order even though legal experts and voting rights organizations have warned that it is a blatantly unconstitutional attempt to restrict the right to vote and usurp states’ authority over elections. 

Under the Constitution, states run elections and only Congress can set national standards.

The proposed rule would require state election officials to send USPS a list of voters who have requested a mail-in or absentee ballot at least 30 days before ballots are sent out under state law. If voters aren’t on the list, they will not receive a ballot.

It also allows state officials to make “supplemental submissions to enroll additional individuals or modify prior submissions until the last day that ballots may be mailed out to individuals under state law.”

In this way, that provision tacitly admits that it will lead to errors that need to be fixed, whether through “supplemental submissions” or modifying “prior submissions.” 

Those errors, caused by a new federal government program that is not explicitly authorized by Congress, are precisely the kind of harm the plaintiffs challenging the executive order seek to prevent. 

In their lawsuits, Democrats and voting-rights advocates argued that using USPS’s list, as well as other federal registration lists included in Trump’s order, would lead to eligible voters being unable to cast ballots. In part, that’s because the lists would rely on Department of Homeland Security databases that have been shown to have serious flaws.

USPS also said the names of mail voters would be associated with a “unique barcode” that is assigned to their ballot. It claimed that the barcode would “help determine adherence to federal law and facilitate law enforcement efforts.”

Justin Levitt, a law professor at Loyola Marymount University and a former deputy assistant attorney general at the Department of Justice (DOJ), said in a social media post Friday that the proposed rule was a move toward Trump’s order being ruled unconstitutional. 

“One step closer to standing, which means one step closer to an end to this charade,” Levitt said, referring to U.S. District Judge Carl Nichols’s ruling Thursday.

While Nichols did not necessarily disagree with Democrats and pro-voting groups that Trump’s order could be unlawful, he said they couldn’t show that they had been harmed by it because federal agencies hadn’t acted on the directives. 

In fact, though he was rejecting the plaintiffs’ request for a permanent injunction against the order, Nichols specified that his decision was actually a message for the Trump administration to act in order to give the plaintiffs standing to sue.

“It is not aimed at [the plaintiffs] but instead tells only the agencies to do something,” Nichols, a Trump appointee, said of his decision.

The Postal Service did not immediately respond to Democracy Docket’s request for comment.

Friday was the deadline Trump included in his order for Postmaster General David Steiner to initiate a rulemaking process to formally implement the president’s mail voting restrictions. 

In recent weeks, Steiner, who also serves as CEO of USPS, has met with other senior Trump administration and DOJ officials to discuss ways to implement the order.

This story has been updated with new details throughout.

Debate Over San Francisco Props C and D

San Francisco Public Press May 27, 2026 Civic JPhoto Credit: Michelle Liu Civic Special – San Franciscans will decide on June 2nd whether to tax corporations whose CEOs make 100 times the median salary of their lowest paid workers or raise a more modest tax on larger businesses. San Francisco Public Press Executive Director Lila LaHood moderated the discussion between David Harrison, Director of Public Policy For the San Francisco Chamber of Commerce and Kim Tavaglione, Executive Director of the San Francisco Labor Council at KALW radio’s public space in downtown San Francisco. Show Notes: June 2026 San Francisco Public Press Election Guide SFPublicPress.org Yes on D campaign San Francisco Chamber of Commerce Voter Guide

‘By This Logic, Any Protest Could Be a Conspiracy’: Conviction of Spokane ICE Protesters Raises Free Speech Concerns

A protestor with an American flag walks

A protestor with an American flag walks towards a police line during a protest against federal immigration arrests, on June 11, 2025 in Seattle, Washington. Protests against ICE raids have spread to cities across the nation after beginning in Los Angeles last weekend.

 (Photo by Rio Giancarlo/Getty Images)

“We were guinea pigs,” said the father of one of the convicted protesters. “They brought the swamp of Washington, DC, into our area to stop American citizens from exercising our rights that are guaranteed.”

Stephen Prager

May 29, 2026 (CommonDreams.org)

With the conviction of three anti-ICE protesters in Spokane, Washington on federal “conspiracy” charges Thursday, civil rights advocates and legal experts fear that the Trump administration may have just been handed a powerful tool to criminalize dissent.

Jac Archer, Justice Forral, and Bajun Mavalwalla II, nicknamed the “Spokane 3,” were indicted last year for their actions at a protest in June 2025, where they attempted to physically obstruct ICE agents from transporting two Venezuelan immigrants to an ICE processing facility in Tacoma.

RECOMMENDED…

Federal Agents Descend On Minneapolis For Immigration Enforcement Operations

‘Justice Demands No Less’: ICE Agent Arrested on Charges of Lying About Minneapolis Shooting

Stephen Miller

Asked About Stephen Miller, DNC Staffer Happy to Confirm: ‘I Stand by Calling Him an Ugly Fuck’

Both of the men reportedly entered the US legally under a humanitarian parole program that had been terminated by the Trump administration, leading advocates to protest their detention.

As Spokesman-Review, a Spokane newspaper, described:

Protesters that day eventually began linking arms around vans and in front of agents’ cars. The event grew chaotic. ICE agents entered a crowd of people standing outside the facility’s parking lot gate and began grabbing people by the necks and arms, pushing them to the ground. Protesters also slashed tires of vans meant to transport the detainees.

But where such activity would usually lead to charges against specific protesters for discrete illegal actions like trespassing, property damage, or other public order offenses, the Department of Justice (DOJ)—as part of a nationwide effort to crack down on protests against ICE—charged nine protesters with “conspiracy to impede or injure officers,” even though no officers were actually injured during the protest.

X post: https://x.com/MCUBuff/status/2060394993555210736?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E2060394993555210736%7Ctwgr%5Edbb7948b56e3b5d8f12dfc32d04f5628bb4d9b17%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fwww.commondreams.org%2Fnews%2Fspokane-3-convicted-conspiracy

Legal experts described it as a novel approach that wrapped many people involved in the protest into a single “conspiracy” regardless of whether they committed specific criminal acts.

“Usually if a protest gets out of hand and people are hurt or property is hurt, you see charges based on that,” Mary Fan, a former federal prosecutor and a University of Washington law professor, told The New York Times earlier this month. “They’re not going after people based on specific harm done. They’re stretching conspiracy charges to target protesters and people who organize protests.”

Facing pressure from the federal government to bring the case following a national memo sent from the DOJ to prioritize and publicize cases against ICE agents, then-acting US Attorney for Eastern Washington Richard Barker resigned last year rather than bring charges against the protesters.

He said at the time he was grateful he “never had to sign an indictment or file a brief that [he] didn’t believe in.” His successor, Stephanie Van Marter, however, did sign the order.

Six of the defendants pleaded guilty to the charges to avoid federal prison time. But Archer, Forral, and Mavalwalla chose to fight them, believing the case was part of an unjust attempt to criminalize their right to protest.

After a trial that lasted seven days, a jury found the three defendants guilty of conspiracy. But the defense has argued that the trial was marred by problems that rendered the verdict faulty.

As the Guardian explained:

In February, a federal judge ordered the release of a Venezuelan migrant whose transportation for deportation the protesters sought to block, ruling his arrest violated the constitution.

But the jury, drawn from conservative eastern Washington state, did not hear those facts at trial, thanks to rulings by Judge [Rebecca] Pennell. Pennell, a former federal public defender and appointee of the Democratic president Joe Biden, also ruled the protesters on trial could not use the First Amendment as a defense, though they were allowed to state their reasons for demonstrating.

Instead, the jury watched hours of law enforcement body camera video and heard from a parade of ICE agents… Jeremy Burlingame, an ICE agent who testified, had authored social media posts that called Black politicians “lying ghetto garbage” and transgender people “mentally ill.” He boosted a post showing ICE arresting a pregnant woman at gunpoint that called her a “pregnant invader.”

Federal prosecutors deemed the posts troubling enough to recall Burlingame to impeach him, despite the fact that he was their witness…

But Burlingame’s online posts, the lack of injury to ICE officers, and the absence of evidence showing communication between the three defendants prior to the protest were not enough to sway the jury.

The defendants now face potential sentences of up to six years in prison and a $250,000 fine. However, they are expected to appeal the verdict and have filed a rarely used motion allowing their attorneys to argue that no rational juror could find their clients guilty.

“I question whether justice truly was served by today’s verdict,” Barker told the Spokesman-Review. “This was the first conspiracy prosecution in Eastern Washington history under… a Civil War-era law dusted off to punish members of the Spokane community who stood up for two young men who were unlawfully detained by ICE.”

https://www.youtube.com/embed/KxDZ1COUEyk?rel=0Video by KREM 2 News/Youtube

Looking beyond the details of the trial itself, many observers questioned the very premise of the DOJ’s prosecution.

Spokane Mayor Lisa Brown said from the start of the trial she believed it was “politically motivated.”

“It was meant to make an example out of people who disagreed with federal immigration policy,” she said.

City council member Sarah Dixit, who said she took part in the protest, said: “Based on the evidence that was shown, I personally didn’t see evidence of what they were accused of. Conspiracy is a charge that feels complicated to prove, and I don’t believe that the government made a strong case for that.”

Others expressed fear for the precedent that had been set. La Rond Baker, the legal director of the Washington ACLU, said the Trump administration “has a demonstrable history of using the Department of Justice to silence and punish its critics.”

The administration has pursued similar sweeping conspiracy charges against other groups of anti-ICE protesters around the country—including in Los Angeles, Broadview, Illinois, and North Texas.

“The verdict was painfully disappointing,” said Archer’s attorney, Carl Oreskovich. “I think it was an extraordinarily aggressive approach to prosecution of protests. And it certainly is going to chill people who want to utilize their First Amendment right to dissent against government actions that they don’t agree with.”

In a comment to The Guardian, Robert Chang, a law professor at the University of California, Irvine School of Law and executive director of its Fred T. Korematsu Center for Law and Equality, said the verdict was “frightening.”

“By this logic, any protest could be a conspiracy,” he said. “The goal posts keep moving.”

X post: https://x.com/DerekStromKXLY/status/2060117018922397864?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E2060117018922397864%7Ctwgr%5Edbb7948b56e3b5d8f12dfc32d04f5628bb4d9b17%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fwww.commondreams.org%2Fnews%2Fspokane-3-convicted-conspiracy

Bajun Mavalwalla Sr., a retired US Army intelligence officer who served in Afghanistan, said his son—also a veteran of the same war—and the other two defendants were standing for “the freedoms that separate this country from the dictatorships.”

“People in Spokane and people in Eastern Washington need to understand that we were guinea pigs. That they brought the swamp of Washington, DC, into our area to stop American citizens from exercising our rights that are guaranteed,” the elder Mavalwalla said after his son was convicted.

“It was the whole point of the Constitution, the right to protest, the right to dissent, the right to assemble, all of those things are now in question because of this case,” he said. “My son has taken the brunt of the entire weight of the United States government onto their shoulders.”

Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

Stephen Prager

Stephen Prager is a staff writer for Common Dreams.

Full Bio >