Broadview Six Case Shrinks As Prosecutors Seek To Drop Main Conspiracy Count: Report

EVANSTON, IL — Federal prosecutors said Wednesday they intend to dismiss the conspiracy charge against the remaining defendants in the so-called Broadview Six case tied to a Sept. 26 protest outside a suburban U.S. Immigration and Customs Enforcement facility, according to CBS Chicago.

The move came ahead of a May 26 trial and would remove the only felony count from the indictment. CBS Chicago reported that two defendants had already had all charges dropped last month. The remaining defendants still face misdemeanor simple assault of a federal officer, a charge that does not require physical contact, according to the report.

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The indictment alleged the group conspired to “interrupt, hinder, and impede” a federal immigration agent from the “discharge of his official duties.” The report said former congressional candidate Katherine “Kat” Abughazaleh and her former deputy campaign manager, Andre Martin, remain among the defendants.

After Wednesday’s hearing, defense lawyer Nancy DePodesta said the charges were “baseless … from the start,” according to CBS Chicago.

Attorney Chris Parente said, “We'd love to know, and we're going to keep pushing for it, because we think we have a right to know,” after arguing prosecutors’ move also kept defense lawyers from obtaining unredacted grand jury transcripts, the station reported.

U.S. District Judge April Perry denied an earlier defense motion to dismiss the conspiracy count on First Amendment grounds, saying, “The indictment is not seeking to punish protected speech,” according to CBS Chicago.

Perry also previously rejected a selective prosecution challenge, and prosecutors said no White House communications existed showing improper influence, the report said.

Read more from CBS Chicago: Feds say they'll drop conspiracy charge against remaining 'Broadview Six' protesters