Big news from Texas

A victory against political violence in the Texas “Trump Train” trial

We just had a notable win against politically motivated threats and intimidation. 

A federal jury in Texas today found the ringleader of the 2020 Texas “Trump Train” liable for using threats and intimidation against plaintiffs Wendy Davis, David Gins, and Timothy Holloway. 

In short, the jury found the attack on the Biden-Harris campaign bus to be in violation of state and federal law, including the 1871 Ku Klux Klan Act. This was a win for our clients, yes, but it is also a major victory for American civil rights, reaffirming that all citizens are protected against politically motivated threats, intimidation, and force. 

What happened in 2020

On October 30, 2020 — less than a week before Election Day — our clients were driving in a Biden-Harris campaign bus down I-35 between San Antonio and Austin when they were ambushed by a self-described “Trump Train.”

For more than an hour, dozens of trucks and cars encircled the campaign bus, coordinating to threaten, harass, and intimidate those aboard. Some participants live-streamed their reckless driving, and one of their vehicles ultimately collided with a campaign vehicle.

Donald Trump eventually tweeted a video with the message: “I LOVE TEXAS!” 

Meanwhile, law enforcement officials turned a blind eye to the highway attack and failed to provide the campaign bus a police escort. In 2023, the city of San Marcos, Texas, and three of its police officials settled a related lawsuit and issued an admission that local law enforcement fell short of its policing standards. 

We brought this case together with the Texas Civil Rights Project and Willkie Farr & Gallagher LLP. 

A warning against future acts of violence and intimidation

Why does this case matter so much? 

This is a dangerous moment for our country. Political violence has become a persistent — and bipartisan — concern. Cycles of threats and intimidation could easily spiral out of control, especially around elections. 

Political violence doesn’t just impact our collective safety and wellbeing. It puts our democracy at risk. As one of our clients on the bus, former Texas State Senator Wendy Davis, puts it:

A democracy necessarily relies on the freedom to support our candidates of choice, no matter how much we might disagree. It also depends on our ability to seek redress when those freedoms are inhibited through force, threat, and intimidation. I am deeply grateful to the jury for their decision today. It’s one that will send a strong signal to others that forceful threats and intimidation that seek to silence our voices in elections will not be tolerated.

In other words, this verdict sends a strong signal that anyone who engages in acts of political intimidation or violence in this upcoming election — or any other election — will be held accountable. 

This is America. Violating the law has consequences. 

What is the Klu Klux Klan Act of 1871?

Congress passed the Klan Act in 1871 to put an end to the terror organization’s coordinated attacks on newly emancipated citizens. 

Among its many important civil rights protections, the Act allows individuals to sue for damages in federal court for conspiracies “to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner” for ”candidates for federal office, “or to injure any citizen in person or property on account of such support or advocacy.” 

Read more about the Klan Act of 1871 here.

Read more about this case here.