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美国最高法院驳回反ICE活动人士审前释放请求US Supreme Court denies bid for pretrial release by anti-ICE activist

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华盛顿,10月13日——美国最高法院周二拒绝批准一名反移民政策活动家的保释申请。该活动家因在明尼阿波利斯的一次移民执法行动中在社交媒体上发布涉嫌威胁性言论而被捕,唐纳德·特朗普政府曾利用这一事件来打击所谓的“左翼煽动者”。法官们驳回了这位自称为“反法西斯主义者”(antifa)的凯尔·瓦格纳(Kyle Wagner)重新启动法院保释裁决的请求。在联邦检察官提出上诉后,瓦格纳被重新收押;检察官认为他对社会构成威胁。

WASHINGTON, Oct 13 - The US Supreme Court on Tuesday declined to allow the pretrial release of an anti-ICE activist whose arrest for an allegedly threatening social media post during an immigration crackdown in Minneapolis was touted by President Donald Trump's administration in its campaign against "left-wing agitators." The justices denied self-described antifa, or "anti-fascist," member Kyle Wagner's request to revive a judge's ruling that ordered his pretrial release. Wagner was returned to custody after federal prosecutors appealed the judge's release order, arguing that he posed a danger to the community.

瓦格纳的律师在法庭文件中指出,他的拘留行为属于违法,并强调他没有任何暴力犯罪记录。

Wagner's lawyers argued in court papers that he was being unlawfully detained and noted that he has no violent criminal history.

特朗普在其第二个任期内将打击左翼组织(尤其是“反法西斯主义者”)作为优先任务。去年,这位共和党总统签署了一项行政命令,将这类组织列为“国内恐怖组织”,并威胁要调查和起诉任何为其提供资金支持的人。

Trump has made countering left-wing groups — and antifa in particular — a priority during his second term in office. The Republican president signed an executive order last year declaring the movement a "domestic terrorist organization" and has threatened to investigate and prosecute those who financially support it.

瓦格纳面临两项指控:一是网络跟踪罪,二是通过社交媒体传播威胁性言论。他的行为源于他试图公开一位支持特朗普强硬移民政策的网友的个人信息。检察官还引用了瓦格纳在其他社交媒体上的言论作为证据,例如他声称“在明尼阿波利斯,要么杀人,要么被杀”。

Wagner faces one count each of cyberstalking and transmitting interstate threats for his attempt to publish personal information, or "dox," a prominent online supporter of Trump's hardline immigration policies. Prosecutors cited other social media posts by Wagner — including his statement that the situation in Minneapolis was "kill or be killed" — as evidence of his dangerousness.

瓦格纳于2月5日在明尼阿波利斯被捕,当时正值特朗普政府向该地区派遣大量联邦执法人员进行移民执法行动期间。这一行动引发了抗议活动,最终导致两名美国公民被联邦执法人员杀害。

Wagner's arrest in Minneapolis on February 5 came during the Trump administration's large deployment of federal agents to the region in an immigration crackdown that spurred protests and led to the killing of two US citizens by immigration agents.

当天在白宫简报会上,时任白宫新闻秘书卡罗琳·利维特展示了一张印刷的照片,照片中是上身赤裸的瓦格纳——他的脸部、颈部和胸部有纹身——她向记者描述他为“国内恐怖分子”。

During a White House briefing that day, then-White House Press Secretary Karoline Leavitt displayed a printed photograph of a shirtless Wagner — who has tattoos on his face, neck and chest — and described him to reporters as a "domestic terrorist."

“至于那些非法阻碍ICE移民行动的左翼煽动者,我们不会让这种行为不被注意或不受惩罚,”利维特在白宫讲台上说。“事实上,就在今天,国土安全部逮捕了此人。他是自称的反法西斯成员,一直在威胁、曝光、骚扰ICE。”八月,位于辛辛那提的美国第六巡回上诉法院批准了司法部的请求,撤销了美国地区法官丹尼斯·佩奇·胡德的庭前释放命令。瓦格纳的审判定于一月开始。

"As for the left-wing agitators who have been illegally obstructing ICE's immigration efforts, we are not letting that behavior go unnoticed or unpunished," Leavitt said from the White House lectern. "In fact, just today, the Department of Homeland Security arrested this individual. He is a self-proclaimed antifa member who has been threatening, doxing, harassing ICE." In August, the Cincinnati-based 6th US Circuit Court of Appeals granted the Justice Department's request to reverse US District Judge Denise Page Hood's pretrial release order. Wagner's trial is scheduled to begin in January.

由特朗普任命的法官惠特尼·赫曼多尔弗撰写了第六巡回法院的2比1裁决,该裁决得到了共和党前总统罗纳德·里根任命的法官艾伦·诺里斯的支持。第六巡回法院裁定,政府已经充分证明了瓦格纳的危险性。

Judge Whitney Hermandorfer, a Trump appointee, wrote the 6th Circuit's 2-1 ruling that was joined by Judge Alan Norris, an appointee of Republican former President Ronald Reagan. The 6th Circuit ruled that the administration had made an adequate showing of Wagner's dangerousness.

持不同意见的是由民主党前总统乔·拜登任命的法官瑞秋·布卢姆凯茨,她写道:“政府很少上诉庭前释放命令,那么为什么在这里如此坚持?”

In dissent was Judge Rachel Bloomekatz, an appointee of Democratic former President Joe Biden, who wrote that, "The government seldom appeals pretrial release orders, so why is it insistent here?"

布卢姆凯茨继续说:“瓦格纳自称为‘反法西斯’(antifa),脸部、颈部和胸部有大面积纹身,他在社交媒体视频中看起来很具攻击性,因此白宫新闻秘书在宣扬对‘左翼煽动者’的执法行动时举出他视频中的一张照片也不足为奇……但瓦格纳从未犯下暴力罪行。”

Bloomekatz continued, "Wagner, who identifies as 'antifa' (anti-fascist) and has large tattoos on his face, neck and chest, looks aggressive in his social media videos, so it is no surprise that the White House press secretary held up a photo from one of his videos while touting law enforcement efforts against 'left-wing agitators.' ... But Wagner has never committed a violent crime."

在瓦格纳向最高法院提交的文件中,他的律师告诉大法官们,第六巡回法院关于他危险性的结论是基于对他社交媒体帖子的“有偏见的解读”。

In his Supreme Court filing, Wagner's lawyers told the justices that the 6th Circuit's conclusion about his dangerousness was based on a "tendentious reading of Wagner's social media postings."