A jury will now decide if Trump supporters who engaged in alleged intimidation and harassment of Biden-Harris supporters violated state and federal law, including the Klan Act

A legal case involving supporters of Donald Trump’s reelection campaign who conspired to carry out a coordinated ambush against Biden-Harris campaign supporters aboard a campaign bus on a Texas highway in the leadup to the 2020 election will now proceed to trial after a court denied summary judgment. The trial is set to begin on September 9th, 2024. A jury will be asked to determine if individuals who were a part of the convoy violated Texas state law, as well as the federal Enforcement Act of 1871 (also known as the Ku Klux Klan Act)—a law Congress passed to end political violence and voter intimidation.

The suit, Cervini v. Cisneros, is being brought by Protect Democracy, the Texas Civil Rights Project, and Willkie Farr & Gallagher LLP on behalf of three  plaintiffs—bus driver Tim Holloway, former elected official Wendy Davis, and former campaign staffer David Gins. Holloway, Davis, and Gins were on the Biden-Harris campaign bus when it was ambushed by a self-described “Trump Train” on I-35 between San Antonio and Austin on the last day of early voting. For more than an hour, dozens of trucks and cars encircled the campaign bus, having coordinated 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. 

In response to the court’s denial of summary judgment, John Paredes, a litigator for Protect Democracy who serves as co-counsel on the case, released the following statement: “The violence and intimidation that our plaintiffs endured on the highway for simply supporting the candidate of their choice is an affront to the democratic values we hold dear as Americans. Our plaintiffs are bravely standing up against this injustice to ensure that the trauma they endured catalyzes positive change rather than stains our democracy. We look forward to our plaintiffs having their voices heard in the halls of justice, and we stand firmly behind them.”

“We’re grateful that our clients finally get to have their day in court to make their voices heard and to hold those accountable who tried to intimidate and threaten them into silence on October 30, 2020,” said Christina Beeler, Senior Supervising Attorney, Texas Civil Rights Project. “Every American has the fundamental right to participate in the democratic process and to support the candidates of their choosing free from fear, intimidation, or violence.” 

“In a nation founded on principles of freedom and democracy, no individual should face threats or intimidation simply for voicing their support for their preferred candidate,” said Samuel Hall, Partner at Willkie Farr & Gallagher LLP. “The ability to participate freely in the electoral process is a cornerstone of democracy. In pursuing this case, our plaintiffs bravely seek justice, not merely for themselves but to safeguard the democratic rights of all.”
A second complaint, Cervini v. Stapp, was filed by the Plaintiffs against law enforcement officials who turned a blind eye to the highway attack and failed to provide the campaign bus a police escort. On October 18, 2023, the city of San Marcos, Texas, and three of its police officials settled the case. The settlement agreement included an admission that local law enforcement fell short of its policing standards, an agreement to institute mandatory training for all officers, and compensations for the victims whom the police failed to protect.