A Congressional frontrunner, Kat Abughazaleh, and five co-defendants each pleaded not guilty to two counts related to protest activity at an arraignment at Everett McKinley Dirksen United States Courthouse on Wednesday afternoon.
On Oct. 23, the U.S. attorney’s office for the Northern District of Illinois filed charges against Abughazaleh and five other individuals, among them Democratic public officials and political candidates. The 11-page indictment alleged that the individuals conspired to “interrupt, hinder, and impede” a federal law enforcement officer from doing his job on Sept. 26 at the Immigration and Customs Enforcement facility in Broadview, Illinois. Magistrate Judge Heather K. McShain presided over the arraignment.
The charges alleged that the six defendants, among a group of other individuals, had surrounded the agent’s vehicle and impeded its path to the Broadview facility. The indictment further alleged the individuals, among others, scratched and “banged aggressively” on the government vehicle, crowded together and pushed against its body. It also alleged that the group damaged the vehicle, including etching the word “PIG” on its body and breaking one of the vehicle’s side mirrors and a rear windshield wiper.
It specifically alleged that Abughazaleh joined the crowd and “braced her body and hands” against the government vehicle.
The other five defendants, who were arraigned simultaneously, included Chicago 45th Ward Democratic Committeeperson Michael Rabbitt, Oak Park Village Trustee Brian Straw, Cook County Board candidate Catherine Sharp, as well as activist musician Joselyn Walsh and Andre Martin, who works with Abughazaleh.
Each count of conspiracy to impede an officer has a maximum sentence of six years in prison and fines of up to $250,000. Each count of assaulting, resisting or impeding officers for a simple assault has a maximum sentence of one year in prison and a fine of $100,000.
At a press conference following the arraignment, Abughazaleh’s attorney, Joshua Herman, said they would “gladly” take the case to trial and “will win.”
While Abughazaleh said in a prepared statement that she has been shot with pepper balls, thrown to the ground and assaulted by federal agents, it is “nothing” compared to the “war” inflicted upon individuals detained at Broadview and their families.
Abughazaleh protested multiple times at the ICE facility in Broadview earlier in the fall, and had been tear-gassed and thrown to the ground by ICE agents at a Sept. 19 protest, according to a video posted on Bluesky.
“I have been charged with conspiracy for protesting with others, but expressing your First Amendment rights is not a conspiracy, and dissent is not a crime,” Abughazaleh said.
While the government’s conspiracy charge argued that the defendants agreed to impede the car, Herman countered that the defendants did not know each other, aside from Abughazaleh and Martin. He argued that the defendants could not be charged with conspiracy just because they shared a political cause.
“The crime of conspiracy is an agreement,” Herman said. “To concoct an agreement from people standing next to each other with signs and protesting is absurd.”
When discussing a video Abughazaleh posted on X showing some of the defendants crowding around the agent’s car, Herman argued that it does not tell the entire story. He said he expects more evidence to be shown, given that Abughazaleh had protested weeks before the alleged incident Sept. 26.
He added that there’s “a lot of press” about alleged damage done to the government vehicle on Sept. 26, but none of the defendants are accused of doing any of that damage.
Abughazaleh said the charges had her “feeling even more determined” to win her congressional race, given the retaliation she expected from the second Trump administration.
Abughazaleh is one of 17 Democratic candidates who have filed to appear on the primary ballot for Illinois’ 9th Congressional District to replace U.S. Rep. Jan Schakowsky (D-Evanston).
“I’m not sure I expected to see my name on the indictment, certainly not this year,” Abughazaleh said. “But it’s not a surprise, and it’s exactly what we should expect. This is what they’ve been threatening for years.”
When asked if Abughazaleh would return to Broadview to protest again, Herman said she’s focusing her campaign message on other areas despite having no restriction to go back there.
If Abughazaleh chose to go back to Broadview, Herman said he worried federal agents would “beat her up again,” now with a “target on her back.”
The six co-defendants were released after the arraignment as legal proceedings began, provided they follow the release conditions set by the court. One condition required the defendants to report any contact with law enforcement to the court’s Pretrial Services as soon as possible.
Out of an abundance of caution, the attorneys for public officials and political candidates, including Abughazaleh, carved out wording in one condition to exclude interactions with law enforcement in their professional capacities.
The government’s attorney, Sheri Mecklenburg, originally sought to confiscate the defendants’ passports as a condition for release, but she faced rebuke from Christopher Parente, Straw’s lawyer. He argued that letting the government confiscate legal documents from residents is exactly what Straw was protesting at Broadview.
While Mecklenburg argued that the confiscation posed no harm to the defendant, Magistrate Judge McShain lifted that release condition for all co-defendants, saying that there was “no indication that there’s a risk of flight here.”
The period for discovery, where both sides submit and exchange their case information, will last until Nov. 19. The defendants’ status hearing will occur on Dec. 4.
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