A jury trial opening in Austin, Texas, on Monday will seek to hold Trump supporters accountable for allegedly ambushing a Joe Biden-Kamala Harris campaign bus on the state’s main highway in the run-up to the 2020 presidential election.
Plaintiffs in the lawsuit allege they were terrorised and intimidated for more than 90 minutes as they took a bus tour canvassing for the Democratic ticket in the final days of the election.
At least 40 vehicles flying Make America great again flags formed themselves into a so-called “Trump Train” and encircled the bus, trying to run it off the road and playing what the suit claims was a “madcap game of highway ‘chicken’”.
The plaintiffs, who include the bus driver, a Biden campaign staffer and Wendy Davis, the former Texas senator and Democratic gubernatorial candidate, say they were forced to cancel campaign events for fear that the intimidation would be repeated. They are pursuing punitive damages under both Texas law and the Ku Klux Klan Act of 1871, a federal statute from the Reconstruction period designed to end political violence and voter intimidation.
Lawyers for the plaintiffs say the trial is a test of modern democratic safeguards.
“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,” said co-counsel John Paredes, a litigator for Protect Democracy, one of the groups bringing the case.
Monday’s case, Cervini v Cisneros, is one of the most substantial legal battles arising from acts of alleged political intimidation by Trump supporters in the 2020 election besides the 6 January 2021 insurrection at the US Capitol. Hundreds of criminal prosecutions have been brought around the events of January 6; by contrast, the Texas trial is a civil lawsuit brought in pursuit of damages by the plaintiffs.
But it is extensive in scale, with five named defendants and an unknown number of additional unidentified John and Jane Does alleged to have been involved in a conspiracy to terrorise the Biden-Harris campaigners.
The suit accuses the defendants of using force to intimidate a political opponent, claims they engaged in civil assault as well as civil conspiracy designed to stifle the political voice of the Biden-Harris campaign, and calls for punitive damages and compensation.
Trouble began almost immediately after the Biden-Harris campaign announced it was staging a three-day “soul of the nation” bus tour through Texas on 27 October 2020. The tour was to take Biden surrogates to a number of featured rallies and gatherings.
By 28 October, chatter had begun on social media platforms among Trump supporters calling for the formation of “Trump trains” – gatherings of trucks and other vehicles to demonstrate support for the re-election of the then Republican president. One Trump train member in Alamo posted that day that they should “flood the hell out of them”, in a reference to the Biden-Harris bus.
That afternoon the then president’s son, Don Trump Jr, posted on Twitter (now X) an invitation to Trump supporters to assemble. He wrote: “It would be great if you guys would all get together and head down to McAllen and give Kamala Harris a nice Trump Train welcome. Get out there. Have some fun. Enjoy it.”
Flag-waving trucks driven by Trump supporters began to follow the Biden-Harris bus on 28 and 29 October. One of the vehicles was decked out as a “Trump hearse”, and said on its bodywork that it was “collecting Democratic votes one dead stiff at a time”.
Larger numbers of cars convened on Friday 30 October, with some Trump supporters attracted to the melee because they thought, wrongly, that Kamala Harris would be onboard the Democratic bus that day (she was in fact campaigning in McAllen and Fort Worth). The suit claims a group of Trump supporters conspired to ambush the bus on a stretch of Interstate 35 between San Antonio and Austin.
The vehicles in the Trump train swarmed around the tour bus, coming within inches of it and forcing the driver to slow to a crawl. Several of the participants livestreamed their actions on social media, bragging about their aggressive driving, the plaintiffs allege.
One of the defendants, Eliazar Cisneros, is accused of side-swiping an SUV being driven by a Biden-Harris campaign staffer behind the bus. The complaint says that Cisneros later boasted about “slamming that fucker”.
The occupants of the bus pleaded with police to provide an escort but none appeared. A separate case, Cervini v Stapp, was settled in October with local law enforcement admitting that they had fallen short of their standards and agreeing to pay compensation to those whose safety they failed to protect.
The suit claims that the plaintiffs have suffered “ongoing psychological and emotional injury”. The bus driver, Timothy Holloway, was so traumatised that he gave up his tour bus business and has stopped driving buses.
Wendy Davis, who is best known for the 11-hour speech she made in the Texas senate in 2013 to filibuster an anti-abortion bill, said she suffered “substantial emotional distress”. She feared speaking publicly about her experiences in the bus as it might put her at risk of physical harm from Trump supporters.
At the trial, lawyers for the plaintiffs will make the case that while free speech is protected under the first amendment of the US constitution, intimidation and threats against people with different political beliefs is not. “Where groups are permitted to terrorize those with whom they disagree into forgoing their constitutional rights, the functioning of our democracy demands accountability,” the lawsuit says.
