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The Texas Reporter > Blog > Texas > Free speech or political intimidation? A jury says this Trump Practice organizer crossed the road.
Texas

Free speech or political intimidation? A jury says this Trump Practice organizer crossed the road.

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Editorial Board Published September 26, 2024
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Eliazar Cisneros flashed a smile after the courtroom deputy learn the decision.

5 defendants had been cleared of civil legal responsibility after being accused of political intimidation — violence, even — over their involvement within the Trump Practice that focused a Joe Biden marketing campaign bus heading to Austin in 2020.

However not Cisneros. He was the one defendant discovered liable for conspiracy beneath a 150-year previous federal civil rights regulation named after the Ku Klux Klan. The jury ordered him to pay $10,000 to compensate the bus driver and $30,000 in punitive damages to the three plaintiffs.

Seemingly unbothered, Cisneros turned to supporters and associates within the courtroom and made a joke about needing to borrow some cash.

The decision got here after a full day of jury deliberations, a two-week trial in an Austin federal courthouse and a three-year authorized saga. The jury of seven was requested to weigh in on a potent query in at the moment’s explosive political setting: The place is the road between free speech and intimidation?

Attorneys representing three folks on the Biden marketing campaign bus because it drove up a Texas freeway days earlier than the 2020 election tried to persuade the jury that the members of the Trump Practice went too far — that they violated federal and state legal guidelines by conspiring to comply with the bus, coordinating in actual time with others to encompass it as drivers honked and slowed it down to fifteen miles per hour, blocking interstate visitors and leading to a collision. A number of drivers on I-35 that day known as 911 to report the damaging maneuvering of the Trump Practice.

Former state Sen. Wendy Davis, D-Fort Worth, testifies at the Trump Train trial on Sept. 9, 2024.


In a courtroom sketch, former state Sen. Wendy Davis, D-Fort Price, testifies on the Trump Practice trial in Austin on Sept. 9, 2024.


Credit score:
Jorge Molina Jr. for The Texas Tribune

The incident led Democrats to cancel two marketing campaign occasions that day. Finally, they’d level to these cancellations as proof they had been prevented from supporting their candidate in an act of political intimidation by the Trump supporters — a violation of the Ku Klux Klan Act of 1871.

“I felt like I was being held hostage,” mentioned former state Sen. Wendy Davis, one of many plaintiffs within the case. Davis, a Democrat and well-known abortion rights advocate, was on the bus to marketing campaign for a U.S. Congress seat representing elements of Central Texas and to assist marketing campaign for Biden at a collection of occasions in Texas. The opposite plaintiffs embrace David Gins, a Biden marketing campaign staffer, and the bus driver, Timothy Holloway.

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In addition to Cisneros, the defendants within the case included San Antonio resident Dolores Park, a self-described “single-issue voter” on ending abortion; Steve Ceh — a pastor at a small church he began across the 2020 election — and his spouse, Randi; and Joeylynn and Robert Mesaros, who name themselves the “Free Speech Defenders” on their web site. Two different defendants, Hannah Ceh and her now-husband, Kyle Kruger, settled final yr, issuing a public apology.

The defendants’ attorneys argued there was no conspiracy, no coordination. These had been merely Trump supporters who confirmed up that day to specific help for his or her president by waving Trump and American flags. They barely knew one another.

Francisco Canseco, Cisneros’ lawyer, in contrast the Trump Practice to a highschool pep rally.

“It was a rah-rah group that sought to support and advocate for the candidate of their choice in a very, very loud way with flags and honking of horns and yelling and screaming,” he advised the jury.

In the end, the jury discovered that solely Cisneros’s actions crossed the road from political expression into one thing extra threatening.

“They found the ring leader liable,” mentioned John Paredes, a lawyer for Defend Democracy, which represented these on the bus. “I think their issue was whom to pin the blame on in this incident, not ‘is this incident okay?’ The jury said it’s not okay.”

A fervent patriot

Cisneros, a U.S. Navy veteran turned chef, wasn’t all the time into politics. He initially thought Trump was a joke. However forward of the 2016 election, his girlfriend was supporting Hillary Clinton so he began to help Trump to get beneath her pores and skin, he advised the jury.

He blamed Clinton for the 2012 assault on U.S. diplomats in Benghazi, which he took to coronary heart due to his army service. He began to appreciate he aligned with Trump’s Republican Get together, together with his insurance policies on the border, “defending the unborn,” and backing regulation enforcement amid outcry of police brutality. He felt that Democrats had been hypocrites.

“When you see a party that says it’s okay to kneel during the national anthem, burn the flag — but [if they see someone] set fire to a [Black Lives Matter] flag and you’ll have hell to pay?” Cisneros testified. Democrats, he mentioned, had been attempting to divide the nation.

By 2020, Cisneros was all in on Trump. Forward of the election, he realized the MAGA trustworthy in San Antonio had been getting collectively to type Trump Trains to indicate their help for the president.

From left: Attorney Francisco R. Canseco speaks as defendant Eliazar Cisneros listens during the Trump Train trial on Sept. 9, 2024.


Legal professional Francisco R. Canseco speaks as defendant Eliazar Cisneros listens through the Trump Practice trial in federal courtroom in Austin on Sept. 9, 2024.


Credit score:
Jorge Molina Jr. for The Texas Tribune

He grew to become an lively participant and finally began driving his black Ford 150 to New Braunfels to hitch one other Trump Practice group that was began by the Cehs. The group there had exploded in recognition as residents tried to seek out methods to construct group through the pandemic, typically drawing between 500 to 1,000 autos, defendants testified. Each week, the Cehs would lead the members of the Trump Practice within the Nationwide Anthem and a prayer after which move out maps for members to comply with. Vans would weave by way of the predetermined routes waving Trump flags and blasting music.

That very same yr, Cisneros was seen patrolling the streets of San Antonio with a protracted gun throughout Black Lives Matter protests. He testified that he wanted to guard town from Antifa, an umbrella time period usually used to explain left-wing, anti-fascist activists who resist white supremacists at political occasions. Cisneros additionally obtained right into a scuffle in San Antonio when he drove his truck right into a crowd of Black Lives Matter protesters, yelling at them to get out of the road. He mentioned a police officer confirmed up at his home following the incident, however he was by no means charged.

“We were at a time where I was pissed off,” Cisneros advised the jury. “I don’t get you guys painting me as a horrible person when I’m not. When you have people who tried to destroy our country? I’m unbelievably patriotic.”

As he stepped off the witness stand, Cisneros hugged the American flag standing behind his chair, prompting a scolding from the choose.

“Operation Block the Bus”

Cisneros and his pal, Jason Peña, had been hanging out one night in late October 2020 after they noticed a flier promoting the Biden bus tour. They laughed and brainstormed methods to welcome the bus to Texas, in keeping with Cisneros’ account of the occasions. Peña known as it “Operation Block the Bus” on social media.

Peña looped in members of the New Braunfels Trump Practice, whereas Cisneros contacted Edward Niño with the Alamo Metropolis Trump Practice in San Antonio.

In response to Niño, who testified within the trial, he and Cisneros thought it might be a “funny photo opp” to indicate the Trump vehicles following the Biden bus.

On Oct. 30, Cisneros waited by the aspect of I-35 exterior of San Antonio for hours able to video the oncoming convoy.

The primary vehicles began whizzing by, flags waving, horns honking. Then, the bus.

“Seems like they need an escort,” Cisneros mentioned within the video with a smirk.

He set free a piercing howl, hopped in his truck and joined the convoy. He posted a video declaring he was going to comply with the bus north to Austin. Niño credited Cisneros with conserving tabs on the bus location and updating others on its whereabouts.

General, greater than 50 autos joined in surrounding the bus, plaintiffs testified. Their strikes had been captured by movies taken by contributors and passersby.

In a single occasion, Robert Mesaros is seen exiting onto the shoulder of the freeway after which shortly pulling onto the street in entrance of the bus because it handed. Plaintiffs argued he was brake checking the bus to gradual it down, a harmful transfer. However Mesaros mentioned he pulled off the street to verify a flag and thought the bus driver’s extended honking was signaling for him to get again on the street.

Sooner or later, Cisneros is seen on video rushing up alongside a white automobile following the marketing campaign bus. The white automobile was pushed by a Biden marketing campaign volunteer who was a university pupil on the time. The 2 vehicles collided, however stored driving.

Later, Cisneros would triumphantly put up on social media that he “slammed that fucker.” However on the trial, Cisneros and his lawyer contended it was the motive force of the white automobile who was attempting to drive Cisneros off the street.

Cisneros testified he pulled forward of the bus and onto the shoulder, assuming he and the motive force of the white automobile would alternate contact data. However the white automobile didn’t cease. So Cisneros stored driving with the bus to its last vacation spot in Austin, the place he confronted the motive force of the white automobile, however native police separated them.

He mentioned he tried reaching out to San Marcos police concerning the collision, however was advised the FBI was dealing with the case now. Cisneros mentioned he reached out to the FBI and agreed to speak. However when he advised a pal of his plan, he mentioned, the pal recommended he document the dialog.

When the FBI refused to let Cisneros document their interview, Cisneros mentioned he stopped speaking to them. Throughout her testimony, Davis mentioned that when she was interviewed by the FBI concerning the Oct. 30 incident, the FBI advised her they’d been Cisneros for some time.

It’s unclear whether or not the FBI continues to be investigating the incident.

On the bus

Davis and Gins, a Biden staffer, had been leaving from a marketing campaign occasion in San Antonio and heading towards Texas State College in San Marcos. Then it might be onward to the AFL-CIO in Austin. The bus was wrapped with Biden and his operating mate Kamala Harris’ names, and mentioned “Battle for the soul of the nation” in massive white letters.

Wendy Davis, seated by flag, testifies at the Trump Train trial on Sept. 9, 2024.


In a trial room sketch, former state Sen. Wendy Davis, seated subsequent to flag, testifies through the Trump Practice trial on Sept. 9, 2024.


Credit score:
Jorge Molina Jr. for The Texas Tribune

Davis and Gins testified about how scared they had been by the autos surrounding them, uncertain what the drivers’ intentions had been and what they is likely to be able to. Holloway testified he was unable to depart the freeway and even when he may, he was afraid what may occur in the event that they had been stopped at a crimson mild on the frontage street.

“This felt like we were a target, like we were being hunted,” Gins advised the jury, including that he remembered the look of exasperation on Holloway’s face.

Holloway, a local of Washington D.C., was contracted to drive the marketing campaign bus all through the state of Texas on a multi-day tour. He had been driving buses this dimension for 15 years, usually for high-profile purchasers, together with recording artists Lil Wayne, Bruno Mars and Erykah Badu. Holloway known as himself “feather foot.” In additional than 2 million miles of driving he’d by no means gotten into an accident.

Because the bus made its manner by way of Texas, they naturally got here throughout Trump supporters, however not one of the plaintiffs felt unsafe, they mentioned.

Plaintiff bus driver Tim Holloway talks to reporters after the Trump Train trial at the United States Courthouse in downtown Austin Monday September 23, 2024.


David Gins and Wendy Davis look on as bus driver Tim Holloway talks to reporters after the Trump Practice trial at the USA Courthouse in downtown Austin on Monday Sept. 23, 2024.


Credit score:
Jay Janner/American-Statesman/USA TODAY NETWORK by way of Imagn Pictures by way of REUTERS

By the point they reached Austin, Holloway had a splitting headache and his abdomen was in knots. He and the backup bus driver instantly left the state for Nashville, he testified.

Holloway mentioned he stopped driving buses for nearly a yr. Davis began hiring personal safety for occasions. Gins, who’s 11 years sober, mentioned he had by no means come nearer to having a drink than the night time after that experience up I-35. He mentioned his anxiousness obtained so unhealthy that he needed to decline an opportunity to take part within the presidential motorcade throughout Biden’s inauguration a number of months later.

The plaintiffs mentioned the conspiracy was evident as a result of the Trump Practice members celebrated their actions and declared victory after stopping Biden marketing campaign occasions from occurring.

“Texas welcomes Biden/Harris,” Cisneros posted on social media. “We serve Brisket, Sausage, Leg quarters, Whataburger and 35 in tires . . . What would you like?”

In the end, the jury mentioned solely Cisneros participated in a conspiracy.

“Mr. Cisneros was found liable for conspiracy, which means that there were others the jury found conspired with him. They just were not named in the lawsuit,” Paredes, one of many plaintiff’s attorneys, advised reporters exterior the courthouse. “We take the jury as having said that certain conduct — forced intimidation and threats when people are voting and campaigning and supporting the candidates of their choice for office — are not acceptable and are illegal under American law.”

“It’s not over”

As they exited the courtroom, the defendants hugged household and associates who had proven up in help of the group.

Joeylynn Mesaros cried. Her husband, Robert, appeared shocked as he exited the courtroom in a baseball hat that mentioned “In God We Trust.”

Joeylynn Mesaros mentioned the jury should have seen by way of the “rigged” trial of their choice to clear a lot of the defendants from legal responsibility.

Robert and Joeylynn Mesaros pose for photos outside of a U.S. federal courthouse in Austin, Texas on Sept. 9 ahead of the Trump Train trial.


Robert and Joeylynn Mesaros exterior of the federal courthouse in Austin on Sept. 9 forward of the Trump Practice trial.


Credit score:
Lorianne Willett/The Texas Tribune

“They came in from Washington D.C. We’re just here with a legal pad and a pen and a couple of prayers,” she advised reporters.

For her and the opposite plaintiffs, the jury’s choice was vindication that the lawsuit had unfairly focused them for his or her political beliefs, sensationalizing what occurred on the street that day.

For Cisneros, the combat continues. Instantly after the decision was learn, his lawyer requested the choose to throw out the jury’s choice concerning his consumer. He has 30 days from the decision to file an attraction to the Fifth Circuit Courtroom of Appeals, largely thought-about probably the most conservative circuit courtroom within the nation.

Final yr, one of many defendants requested the appeals courtroom to toss the case, which it refused to do — however not less than one choose on the courtroom raised doubts with how the district choose in Austin interpreted the Klan Act, an indication that the courtroom is likely to be sympathetic to Cisneros if he appeals the ruling.

“It’s not over,” Canseco, Cisneros’ lawyer, advised reporters as he walked out of the courtroom.

Voting FAQ: 2024 Elections

  • When is the following election? What dates do I have to know?




    Election Day for the final election is November 5, and early voting will run from Oct. 21 to Nov. 1. The deadline to register to vote and/or change your voter registration deal with is Oct. 7. Purposes to vote by mail should be obtained by your county of residence – not postmarked – by Oct. 25.

  • What’s on the poll for the final election?




    Along with the president, eligible Texans have the chance to solid their ballots for a lot of Texas officers operating for workplace on the federal, state and native ranges.

    This contains representatives within the U.S. and Texas homes and the next elected workplaces:
    -1 U.S Senator (Ted Cruz)
    – 1 of three Railroad Commissioners
    – 15 State Senators
    – 7 State Board of Training members
    – 3 members of the Texas Supreme Courtroom
    – 3 members of the Texas Courtroom of Legal Appeals
    – 5 Chief Justices and numerous justices for Texas Courts of Appeals

    – Decrease-level judges and native county workplaces can even seem on the poll:
    – Numerous district judges, together with on prison and household courts
    – County Courts at Regulation
    – Justices of the Peace
    – District Attorneys
    – County Attorneys
    – Sheriffs
    – Constables
    – Tax Assessor-Collectors

  • How do I ensure I’m registered to vote?




    You’ll be able to verify to see in the event you’re registered and confirm your data by way of the Texas Secretary of State’s web site. You’ll want one of many following three mixtures to log in:
    Your Texas driver’s license quantity and date of delivery.
    Your first and final names, date of delivery and county you reside in.
    Your date of delivery and Voter Distinctive Identifier, which seems in your voter registration certificates.

  • How do I register to vote if I haven’t?




    You’ll be able to request a postage-paid software by way of the mail or discover one at county voter registrars’ workplaces and a few put up workplaces, authorities workplaces, or excessive faculties. You can too print out the web software and mail it to the voter registrar in your county.

    Purposes should be postmarked by the Oct. 7 deadline. Obtain your software right here.

    Moreover, you may register to vote by way of the Texas Division of Public Security whereas renewing your driver’s license. You could possibly register to vote on-line in the event you’re additionally allowed to resume your license on-line. That is the one type of on-line registration within the state.

    After you register to vote, you’ll obtain a voter registration certificates inside 30 days. It’ll comprise your voter data, together with the Voter Distinctive Identifier quantity wanted to replace your voter registration on-line. If the certificates has incorrect data, you’ll want to notice corrections and ship it to your native voter registrar as quickly as doable.

    The voter registration certificates can be used as a secondary type of ID if you vote in the event you don’t have one of many seven state-approved photograph IDs

  • What can I do if I’ve questions on voting?




    You’ll be able to contact your county elections official or name the Texas Secretary of State’s helpline at 1-800-252-VOTE (8683). A coalition of voting rights teams can also be serving to voters navigate election issues by way of the 866-OUR-VOTE (687-8683) voter-protection helpline. The coalition has hotlines out there in different languages. Incapacity Rights Texas additionally assists voters with disabilities.

  • Learn extra
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