Key facts
- The US Supreme Court denied a request for pretrial release by anti-ICE activist Kyle Wagner.
- Wagner was arrested for allegedly threatening social media posts during an immigration crackdown.
- Prosecutors cited Wagner's statement that the situation in Minneapolis was "kill or be killed" as evidence of dangerousness.
- Wagner has no violent criminal history, according to his lawyers.
- The Trump administration had previously highlighted Wagner's case as part of its campaign against left-wing groups.
- Wagner faces charges of cyberstalking and transmitting interstate threats.
The US Supreme Court on Tuesday declined to allow the pretrial release of Kyle Wagner, an anti-ICE activist arrested for allegedly threatening social media posts. The Trump administration had touted Wagner's case in its campaign against "left-wing agitators."
Wagner, who identifies as antifa, was returned to custody after federal prosecutors appealed a judge's order for his pretrial release. His lawyers argued he was being unlawfully detained and has no violent criminal history. Prosecutors cited social media posts, including his statement that the situation in Minneapolis was "kill or be killed," as evidence of his dangerousness.
Wagner's arrest on February 5 occurred during a large deployment of federal agents to Minneapolis for an immigration crackdown. Then-White House Press Secretary Karoline Leavitt displayed a photograph of Wagner at a White House briefing, describing him as a "domestic terrorist."
In August, the 6th US Circuit Court of Appeals reversed the district judge's release order. Judges Whitney Hermandorfer and Alan Norris ruled that the administration had made an adequate showing of Wagner's dangerousness. Judge Rachel Bloomekatz dissented, questioning the government's insistence on appealing the release order and noting Wagner has never committed a violent crime.
Wagner's trial is scheduled to begin in January. His lawyers argued to the Supreme Court that the 6th Circuit's conclusion about his dangerousness was based on a "tendentious reading of Wagner's social media postings."