The trial, which began on September 9, will resume on Monday(US) and is expected to continue for another week.Plaintiffs allege that six of the drivers involved in the Trump Train violated state and federal laws, including the Ku Klux Klan Act, an 1871 law that prohibits political violence and intimidation. Attorneys for the defendants argue that their clients’ actions were protected political speech.
What Happened on October 30, 2020?
On that day, the Biden-Harris campaign bus, carrying Davis, a campaign staffer, and the driver, was traveling from San Antonio to Austin, with a scheduled stop in San Marcos. However, as the bus made its way along the highway, it was surrounded by dozens of vehicles organised by a local Trump Train group.
Video footage tweeted by Donald Trump tweeted a video saying, “I love Texas!” which shows pickup trucks displaying large Trump flags aggressively slowing down and surrounding the bus forcing it to reduce its speed to just 15 mph. One of the Trump Train vehicles reportedly collided with a campaign volunteer’s car while blocking all lanes of traffic.
FBI investigating after ‘Trump train’ surrounds Biden bus, events canceled
Those aboard the bus made multiple 911 calls seeking help and requesting a police escort through San Marcos. However, no law enforcement assistance arrived, prompting the campaign to cancel its planned event and continue to Austin. In a separate lawsuit, San Marcos agreed to pay $175,000 to settle claims against the police, while also mandating political violence training for law enforcement.
Davis testified that the experience left her feeling like she was being “taken hostage” and that she has since sought treatment for anxiety. “I feel like they were enjoying making us afraid,” she said. “It’s traumatic for all of us to revisit that day.”
The plaintiffs’ argument
During opening statements, Samuel Hall, an attorney representing the plaintiffs, described the Trump Train’s actions as a “calculated attack” designed to intimidate the Democrats on board. Hall argued that the convoy targeted the bus, putting people’s lives in danger in violation of the Ku Klux Klan Act. “We’re here because of actions that put people’s lives in danger,” he said. Hall claimed that the Trump Train drivers effectively forced the campaign to cancel the remainder of its Texas events.
The plaintiffs are being represented by the Texas Civil Rights Project and Protect Democracy, alongside the law firm Willkie Farr & Gallagher.
The defense’s argument
Lawyers for the defendants argued that their clients did not conspire to intimidate the Democrats and that the bus could have exited the highway at any time. They maintained that the convoy was merely a “political rally” rather than a coordinated attempt to harass or intimidate.
“This was a political rally. This was not some conspiracy to intimidate people,” said Jason Greaves, one of the defense attorneys. Francisco Canseco, representing three of the defendants, argued that the case is part of a broader effort to “drain conservatives of their money,” stating, “It was a rah-rah group that sought to support and advocate for a candidate of their choice in a very loud way.”
Despite these arguments, the defense’s attempt to have the case dismissed before trial was denied. The judge ruled that “assaulting, intimidating, or imminently threatening others with force is not protected expression.”