U.S. District Judge Jeffrey Cummings then followed up with a written order, that expanded the number of people who should be released to 36.
You can read it here: cst.brightspotcdn.com/72/ae/494d6b...
28.02.2026 14:06 β
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Court's adjourned.
26.02.2026 18:33 β
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At the end of a back-and-forth about whether the feds have any co-conspirator statements to offer, Hogan says "we'll let you know by the 31st."
26.02.2026 18:33 β
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Perry is setting the next status date for March 31.
26.02.2026 18:31 β
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Perry says the defense attorneys' real problem is "that you fundamentally do not believe the evidence supports a charge or a conviction."
"A bill of particulars is not going to solve that problem," Perry says. "A jury will."
26.02.2026 18:29 β
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The time period of the conspiracy is 9/26/25, the judge notes. The feds have indicated they're alleging a "spontaneous" conspiracy, she says, and they're "not necessarily aware of any" true threats in the case.
26.02.2026 18:28 β
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Perry says the defense hasn't met the standard for a bill of particulars, but "we've gotten you quite a bit of the way there."
26.02.2026 18:26 β
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As for whether prosecutors are alleging a "spontaneous conspiracy," Herman says "in a case like this β¦Β you'd have to kind of turn your mind into a knot to understand it."
26.02.2026 18:23 β
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Herman also circles back to the exchange below and says, "it's well settled that actions can also be expressive conduct."
bsky.app/profile/jons...
26.02.2026 18:22 β
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Perry says the double jeopardy problem "doesn't exist until they get punished twice for the same offense."
She says a special verdict form might solve Herman's concerns.
26.02.2026 18:20 β
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Perry then turns to double jeopardy concerns, and Kat Abughazaleh lawyer Josh Herman notes the same evidence from the conspiracy charge might be used to prove a separate misdemeanor charge faced by the defendants.
26.02.2026 18:18 β
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Judge Perry asks if it's fair that the prosecution will be "based upon their actions, not their words."
Hogan: "That is fair."
26.02.2026 18:15 β
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Asked whether the feds expect to present evidence of "explicit agreements," AUSA Matthew Skiba tells the judge "we don't have evidence of that today and certainly doubt that it's forthcoming."
26.02.2026 18:14 β
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On or about September 26, 2025, at Broadview, in the Northern District of Illinois, Eastern Division,
MICHAEL RABBITT, KATHERINE MARIE ABUGHAZALEH, ANDRE MARTIN, CATHERINE SHARP,
BRIAN STRAW, and JOSELYN WALSH,
defendants herein, conspired with one another and others, known and unknown, to prevent by force, intimidation, and threat, Agent A, a United States law enforcement officer, from discharging the duties of his office, and to injure him in his person or property on account of his lawful discharge of the duties of his office, and while engaged in the lawful discharge thereof, and to injure his property so as to interrupt, hinder, and impede him in the discharge of his official duties.
This appears to be the portion of the indictment at issue:
26.02.2026 18:12 β
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Perry notes there are three clauses, dealing with "force, intimidation and threat," "injure" and "injuring property."
Hogan says it's "highly unlikely the first one will fall out," but he says "we're going to take a look at everything."
26.02.2026 18:10 β
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AUSA William Hogan says he can "save us a little bit of time."
He says the feds intend to redact part of the indictment. He confirms for Perry they intend to take out the "injure" clause.
26.02.2026 18:08 β
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Judge Perry begins by noting they're here today for oral ruling on the defense request for a bill of particulars.
26.02.2026 18:06 β
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Ok, the case has been called.
26.02.2026 18:05 β
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Actually, Perry's deputy called another case first. Standby.
26.02.2026 18:00 β
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U.S. District Judge April Perry just took the bench for today's status hearing in the conspiracy case against six Operation Midway Blitz protesters.
26.02.2026 17:59 β
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Lawyers are now gathering in/around U.S. District Judge April Perry's courtroom for today's Broadview Six status.
This will be the first since AUSA Sheri Mecklenburg withdrew from the case. She left to serve as counsel to the Senate Judiciary Committee.
26.02.2026 17:54 β
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That's it. Court's adjourned.
26.02.2026 16:57 β
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Tommy Schaefer's trial for conspiring to murder Oak Park's Sheila von Wiese-Mack is set for Jan. 11, 2027.
26.02.2026 16:56 β
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