Supreme Court denies appeal from Minnesota anti-ICE, Antifa agitator to be released pending trial

Wagner appealed to the Supreme Court with an emergency application, asking that he be released and that being imprisoned caused him harm. "Each day Wagner is detained," his attorneys stated, "he is deprived of his liberty despite his presumed innocence. Wagner is away from his family; unable to earn an income; and unable to fully participate in trial preparation."

The Supreme Court denied that emergency application, saying simply in an unsigned order, "The application for stay presented to Justice Kavanaugh and by him referred to the Court is denied." Notably, there were no dissents to that ruling. Wagner had told the court that he does not have a violent criminal history and is not a gun owner. He also stated that he had advocated for non-violent protest.

Wagner made the social media posts at issue following the ICE shooting of activist Alex Pretti. Wagner said that he knew Pretti personally. Wagner posted a video following the shooting saying of ICE "They f*cked up, okay? It's time to suit up. Boots on the ground." He told Antifa to "show up" and "be ready to go," directing them to a specific neighborhood.

"Sorry, but welcome to America 2026 where the Second Amendment is the only thing that’s gonna keep you f*cking protected from literal f*cking Nazi gunmen that are killing innocent people in the street with impunity. This is not a f*cking joke, there is nothing to chant about it, get your f*cking guns and stop these f*cking people," he said.

When he was arrested, Attorney General Todd Blanche, who was deputy at the time, said "The Justice Department with @ICEgov HSI arrested a self-identified anti-ICE Antifa TERRORIST in Minneapolis today. Conspire and threaten to assault, kill and doxx officers, and you’ll find yourself in federal custody facing the full force of justice."

Wagner is alleged to have made social media posts that constituted threats and faces federal charges for those threats and for cyberstalking. The Sixth Circuit states that the posts he made were "calls to violence" and that for that reason he should remain in custody.

In addition, the Department of Justice provided additional social media posts that are anti-ICE and stated their belief that he is a member of Antifa. Wagner has also been charged with conspiracy to disrupt federal operations when the Trump administration was cracking down on illegal immigration in the Twin Cities area.

The DOJ said at the time "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,” said then-Attorney General Pam Bondi. “Today’s arrest illustrates that you cannot run, you cannot hide, and you cannot evade our federal agents: if you come for law enforcement, the Trump Administration will come for you."

Following the shooting, he responded to a social media post from an individual identified in court documents as J.S., Courthouse News reports: "During the Trump administration’s Operation Metro Surge, J.S., who publicly supported the immigration crackdown, posted a video knocking on the door of a journalist covering anti-ICE protests. Wagner commented 'we can all knock on strangers’ doors' and posted J.S.’s personal information online." J.S., Wagner said, challenged him to a "cage fight" in direct messages.