The U.S. Supreme Court has refused to release Kyle Wagner from federal custody while he awaits trial on cyberstalking and threatening communications charges, leaving intact an appeals court ruling that found his social media statements raised public safety concerns.
By yourNEWS Media Newsroom
The U.S. Supreme Court declined Tuesday, October 13, to allow the pretrial release of Kyle Wagner, a self-identified Antifa activist accused of threatening federal immigration officers and encouraging violence during immigration enforcement operations in Minneapolis earlier this year.
The justices rejected Wagner’s emergency request to reverse a federal appeals court ruling ordering his continued detention. The Court provided no explanation for its decision, leaving Wagner in custody while his criminal case proceeds.
Wagner, 37, was arrested February 5 on federal charges of cyberstalking and transmitting interstate threats. Prosecutors alleged that he used social media to encourage attacks against Immigration and Customs Enforcement officers and threatened an individual who publicly supported federal immigration enforcement.
According to the Justice Department, Wagner posted a series of videos in January calling for increasingly aggressive resistance to ICE operations in Minnesota. In one January 9 recording, he discussed the “constant harassment of ICE” and urged followers “to cripple them.”
Prosecutors also cited statements encouraging people to identify immigration officers, interfere with arrests and physically confront federal agents. In a January 24 video, Wagner allegedly declared that he was “not talking about peaceful protests anymore.”
The criminal complaint further alleged that Wagner published personal information about a pro-ICE individual on January 29, including contact information and an address associated with the person’s parents. Prosecutors said the disclosure was accompanied by threatening statements.
Following his arrest, a federal magistrate judge initially ordered Wagner detained. U.S. District Judge Denise Page Hood subsequently authorized his release under restrictions governing his movements, internet access and communications.
Hood determined that conditions could adequately address potential public safety risks, citing Wagner’s lack of a violent criminal history and evidence that he did not possess weapons.
Federal prosecutors appealed, arguing that his statements demonstrated a continuing danger to law enforcement officers and others.
In August, a divided three-judge panel of the 6th U.S. Circuit Court of Appeals reversed the release order. The majority concluded that prosecutors had sufficiently demonstrated Wagner’s potential dangerousness and that the proposed restrictions would not adequately protect the public.
Judge Whitney Hermandorfer, joined by Judge Alan Norris, supported continued detention. Judge Rachel Bloomekatz dissented, questioning whether the appeals court had given appropriate consideration to the district judge’s findings.
Wagner’s attorneys subsequently petitioned the Supreme Court on September 29, arguing that the appeals court improperly substituted its assessment of his social media statements for the district court’s evaluation of the evidence.
“To the extent the Sixth Circuit reached a different conclusion about Wagner’s dangerousness based on its tendentious reading of Wagner’s social media postings, it did so without the benefit of the district court’s experience, and without observance of this court’s precedents,” the filing stated.
His lawyers maintained that Wagner’s continued imprisonment would separate him from his family, prevent him from earning an income and interfere with preparations for his defense.
“That Wagner’s release would not harm the public interest is underscored by the fact that Wagner is being detained not on the basis of a history of violence, but rather based on his speech,” the attorneys argued.
The defense also raised concerns that the appellate ruling could weaken judicial protections for defendants whose criminal cases involve political expression.
The case has attracted attention amid the Trump administration’s broader campaign against individuals accused of threatening or obstructing immigration enforcement personnel.
Following Wagner’s arrest, then-Attorney General Pamela Bondi accused him of threatening law enforcement officers and encouraging violence.
“This man allegedly doxxed and called for the murder of law enforcement officers, encouraged bloodshed in the streets, and proudly claimed affiliation with the terrorist organization Antifa before going on the run,” Bondi said in February.
President Donald Trump signed an executive order in September 2025 designating Antifa a domestic terrorist organization and directing federal agencies to investigate unlawful activities associated with the movement.
However, Wagner’s pending prosecution concerns specific alleged threats and cyberstalking conduct, rather than membership in a political movement alone.
According to Reuters’ October 13 report, Wagner’s trial is scheduled to begin in January 2027.
The Supreme Court’s decision does not determine whether Wagner committed the alleged offenses. It leaves the lower court’s pretrial detention ruling in place while prosecutors prepare their case.
Wagner remains presumed innocent unless proven guilty, and the prosecution must establish the criminal charges beyond a reasonable doubt at trial.
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