'I will kill Trump': Man who allegedly vowed to take out president with a 'really good sniper' says DOJ is going after him for 'protected speech' and coffin emoji

A Texas antheral accused of spewing assassination threats online astir President Donald Trump — with 1 station connected YouTube featuring the words "Kill Trump" much than 20 times and different saying, "Give maine a truly bully sniper" — says the DOJ is going aft him for "protected speech" and a coffin emoji.

"No tenable juror could construe the hyperbolic, vague, and contradictory statements alleged … 'as a superior look of an intent to origin a contiguous oregon aboriginal harm,'" blasted Francisco Mena's nationalist defenders successful a motion to dismiss his case. "These rambling and contradictory comments yet 'lack believability' and could not beryllium perceived arsenic 'serious' by immoderate nonsubjective reader."

Mena, who is from North Richland Hills, was indicted past period by a national expansive assemblage connected 10 counts of threatening a national official. He was arrested successful January and accused of hurling threats astatine Trump and ICE officers connected YouTube, according to a federal complaint.

"Kill Trump termination Trump termination Trump," Mena allegedly wrote implicit and implicit successful 1 of his threatening YouTube posts. "I volition termination Trump," helium said, according to the complaint. "I volition wage idiosyncratic to springiness maine access."

Taking purpose astatine migration agents, Mena allegedly claimed helium would "respond with a gunfight" if national officers ever showed up connected his doorstep. "I stabbed an ICE cause successful 2009," Mena alleged, according to the complaint. "I saw his ain look asking and begging maine to stop….I would emotion to bash this again."

In the question to dismiss, Mena's lawyers inquire Chief District Judge Reed O'Connor — a George W. Bush appointee — to find that the "charged communications are protected code and cannot beryllium prosecuted." They assertion Mena's comments "are simply excessively hyperbolic, vague, and contradictory" to represent "true threats" and judge "no tenable juror" could construe them arsenic so.

"In number one, the authorities has alleged arsenic a existent menace the operation 'Kill Trump,' which Mr. Mena allegedly wrote successful superior letters and repeated 24 times wrong a azygous comment," the question explains. "Count 2 alleges Mr. Mena's usage of the aforesaid operation successful different comment, but conscionable erstwhile this time, and followed by the twelvemonth '2025' and a bid of emojis, which included 2 sets of swords, a skull and crossbones, and a pointing-hand emoji gesturing toward a coffin."

Mena's lawyers accidental for number one, the "bizarre repetition of a two-word operation 24 times successful a azygous remark connected the website YouTube undercuts the literal meaning of the operation successful question, and the usage of each superior letters lone adds to the hyperbolic effect and detracts from the comment's perceived seriousness." For number two, penning the twelvemonth adds "nothing sinister oregon superior to the connection already alleged successful number 1 and the emoji "further undercut immoderate pretense of sincerity," according to the motion.

"They are, successful effect, small cartoons utilized successful modern sermon to punctuate statements oregon convey meaning," the filing says. "Here, the usage of emojis further cements the charged statements arsenic specified 'political hyperbole,' not the sinister plans of a would-be assassin."

In summation to allegedly threatening Trump and ICE, prosecutors accidental Mena targeted the president's supporters. "You are the premier people successful the full U.S.A.," helium wrote connected YouTube, according to the complaint. "Blacks, white, Mexican, Asians vs. Trump supporters …. We volition execution you!!!"

In different post, Mena allegedly said, "We retired present sidesplitting them each slowly. Stabbed, shot, drugged, hung, everything! F— what you're going through!!!!"

He allegedly added, "All these Trump mfs volition die."

Mena's lawyers accidental these comments, arsenic good arsenic the claims astir being paid to termination Trump, "fare nary better," per the motion.

"They are again vague, hyperbolic, and yet contradictory," the lawyers insist.

More from Law&Crime: 'I americium going to termination the president': Man promised to assassinate Trump and 'wear his look arsenic a mask,' insisted that it was 'not a joke,' DOJ says

Prosecutors accidental Mena was tracked down done his YouTube relationship accusation and Google records, which showed that helium utilized his existent birthdate, telephone number, and code to make the account. Mena allegedly admitted to making the threats betwixt May 13, 2025, and May 25, 2025.

"Mena besides admitted to knowing that 'people would sound connected the door' regarding his online posts," the ailment says.

If convicted, prosecutors accidental Mena faces up to 96 years successful national prison. His proceedings has been scheduled to statesman connected April 20.

"Some individuals falsely judge that they are immune from transgression penalties by posting vitriol online and not successful person," said U.S. Attorney Ryan Raybould successful a connection announcing Mena's indictment. "The diligent enactment of our instrumentality enforcement partners clip and again uncovers those attempting to fell down a machine screen."

The DOJ has yet to respond to Mena's question to dismiss. A deadline has been acceptable for April 3.