Former leader of federal prosecutors in Spokane criticizes outcome of ICE protest trial

May 28-The push to pursue, charge and later convict three Spokane residents of federal conspiracy against a government officer during a protest is the first-known case in Eastern Washington's history, concerning supporters and the former acting U.S. attorney in the district about the future of the U.S. government and its pursuit of justice.

"I question whether justice truly was served by today's verdict," said the former acting U.S. Attorney Richard Barker, who resigned shortly before the indictment against the three protesters was signed.

The protesters, military combat veteran Bajun Mavalwalla II, activist Justice Forral and activist and Gonzaga Law School alum Jac Archer, were charged with conspiracy against ICE agents on June 11 to impede or injure them or their property when agents attempted to transport a group of immigrants to a Tacoma detention center. They were found guilty by a 12-person jury Thursday.

"This was the first conspiracy prosecution in Eastern Washington history under 18 U.S.C. Section 372 - a Civil War-era law dusted off to punish members of the Spokane community who stood up for two young men who were unlawfully detained by ICE," Barker told The Spokesman-Review in a statement. "I hope that moving forward DOJ will focus on the crimes that matter most to keep our families safe and to build trust with the communities that most need and deserve law enforcement protection."

The code the protesters were charged under is the same code the government used to charge multiple men involved in the 2016 occupation of the Malheur National Wildlife Refuge in Eastern Oregon, a standoff with a right-wing militia group in an attempt to return federal land to the states.

It's also the same code used to charge some of the Jan. 6 insurrectionists, who stormed the Capitol in Washington D.C. in 2021. The code was used to prosecute those who tried to prevent Congress from their official duties by attempting to disrupt the electoral vote count.

The pursuit of these charges against some who planned to engage in civil disobedience but wanted to remain nonviolent turned heads at the time, especially for Bajun Mavalwalla Sr., the father of Mavalwalla II. He believed it was a result of the Trump administration ordering U.S. attorneys to prioritize and prosecute protesters that defy immigration enforcement.

The U.S. Department of Justice sent out the order to all 93 attorneys a day after the Spokane protest took place, a Reuters report shows.

Barker's testimony over his resignation was sought by defense attorneys at trial but ultimately barred. During a few tense exchanges with the defense table, Assistant U.S. Attorney Rebecca Perez told the presiding judge that she would "love to cross examine Richard Barker."

Barker left the Department of Justice because he was concerned about senior leadership there "staying true" to upholding the law without fear or favor, he told The Spokesman-Review last year.

To Mavalwalla Sr., Barker did what other people should have done. He told reporters after the verdict the evidence presented at trial did not paint a full picture of his son's actions that day.

Barker's reason for resigning was not included in trial, nor was information about the immigrants' statuses. Joswar Rodriguez Torres, who was arrested that day during a routine check-in with ICE, was released seven months after the protest because a judge determined agents illegally detained him.

"The prosecutors in this case knew that if they had integrity, they would have resigned, like Richard Barker did," Mavalwalla Sr. said. "I have no complaints about the judge. I have no complaints about the jury. This is our system, but the jury was not given the information necessary to reach a fair (decision)."

The U.S. Attorney's Office for the Eastern District of Washington did not respond to a request for comment Thursday evening after the verdict.

Former City Council President Ben Stuckart, who became Rodriguez Torres' legal guardian after seeking asylum from Venezuala, was the person who sparked the protest with a Facebook post.

"If you care at all about these illegal detainers you meet me at 411 West Cataldo by 2 p.m. I am going to sit in front of the bus. Feel free to join me," he wrote. "The Latino community needs the rest of our community. Not tonight, not Saturday but right now!!!!"

Stuckart told The Spokesman-Review after the verdict that it was disappointing. He felt sorry for Mavalwalla II, Archer, Forral and their families, he said. Stuckart took a plea deal in exchange for a lesser sentence last year in which he had to pay a fine and can change his guilty plea to the felony count of conspiracy to a misdemeanor next year if he doesn't violate his release conditions.

"It's rough these days," he said. "The most disappointing thing of all this is we did do the right thing. The courts released Joswar because they illegally detained him."

Rodriguez Torres' release was barred from being brought up at trial.

"It's too bad because that is getting lost in the story. It's not about protesting - it's about protecting your neighbor. When someone is illegally taken by the government, what are you supposed to do?"

The three face up to six years in prison. A date has not been set for sentencing.

Other reactions

The ACLU of Washington's Legal Director La Rond Baker issued a statement following Thursday's verdict.

"While we respect the decision of the jury, this matter is not over. We remain concerned about the chilling effect that the Department of Justice's charging decisions will have on protest and free expression in this country," Baker said. "The Administration has a demonstrable history of using the Department of Justice to silence and punish its critics. Using the power of government to deter criticism is undemocratic and counter to the values of our state and the country."

Spokane Mayor Lisa Brown also commented on the verdict. She said in a news release that she believes the prosecution was politically motivated.

"It was meant to make an example out of people who disagreed with federal immigration policy. The right to peacefully protest and criticize the government is a cornerstone of our democracy," she said. "We cannot allow these verdicts to silence us."

City Council woman Sarah Dixit cried after the verdict came in. She said she didn't expect to have such an emotional reaction.

"As someone who protested with the folks who were just found guilty, that was not what that day was about nor was it a threat to the government," Dixit said.

"Based on the evidence that was shown, I personally didn't see evidence of what they were accused of. Conspiracy is a charge that feels complicated to prove and I don't believe that the government made a strong case for that."

Peace and Justice Action League of Spokane Executive Director Liz Moore spoke at a rally following the verdict, emphasizing the "unsubstantiated assertations" of the prosecution and their "willingness to abide by the Trump administration's memo directing local U.S. attorneys to punish and prosecute" people protesting ICE actions.

"In contrast to what the prosecution asserted, nonviolence is not aspirational, it is a practice," Moore told the crowd, who responded with cheers of agreement. "We're practicing it right now."

Rachel Dorfman, a friend of Jac Archer, stood outside the courthouse crying after the guilty verdict. She attended five days of the trial.

"I don't want my friend to go to jail," she said. "They weren't there for any other reason other than to protest and to use their First Amendment rights."

Democratic state Rep. Natasha Hill said she was disgusted and disappointed by the prosecution who she believed purposefully targeted activists to undermine community organizing. She criticized the all-white jury "not of their peers."

"You don't get equity," Hill said. "And if you're a person of color, you get targeted."

Ben Stuckart's absence from the courtroom also drew Hill's ire. She told a crowd of people outside the federal courthouse that he "started this and didn't even show up to finish it."

Stuckart said could not attend because he cannot be near other defendants as part of his probation. If he violates the terms, he will be arrested.

In response to Hill's sharp criticism of him, Stuckart said, "I am finishing this every single day. Joswar, one of the young men taken, lives in my basement. And Cesar, we are in touch with him every single day. We continue to take care of them and this situation was about them. We are continuing to finish this."

Reporters Emily White, Emry Dinman, Garrett Cabeza, Megan Howard and Julia Pentasuglio contributed to this story.

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