Lawyers in the politically charged “Broadview Six” case against immigration protesters in Broadview asked a federal judge Monday to dismiss the main conspiracy charge, saying it criminalizes First Amendment rights to speech and assembly and creates a “chilling” effect on the public.

The 18-page motion is the latest attack on an indictment accusing Democratic politicians and others of conspiring to impede a U.S. Immigration and Customs Enforcement agent and damage his vehicle during a protest at the Broadview ICE facility during last year’s Operation Midway Blitz.

It follows a series of other developments in the case last week, including prosecutors moving to dismiss all charges against two of the defendants and the defense attorneys for the remaining four asking the government to turn over emails and other communications that could show White House influence on the prosecution.

The motion to dismiss argued the indictment elevates what are essentially misdemeanor property damage allegations into a felony criminal conspiracy, casting a chill on “a broad and diverse social movement engaging in constitutionally protected protest activities.”

The motion states police body-worn camera footage unearthed by the defense shows the agent was the one who drove slowly and deliberately into a peaceful and legal protest that day, and that none of those charged with conspiracy were shown doing any physical damage.

“Their only actions — aside from bracing themselves against a vehicle that drove into a crowd of protesters — was being in that crowd of protesters,” the motion stated.

Defense attorneys also argued the case leaves members of the public “understandably confused” whether simply being at a protest where immigration agents are present “will be interpreted by the Government as participation in a conspiracy.”

U.S. District Judge April Perry is scheduled to hold a status hearing in the case on March 31. A jury trial is scheduled to begin May 26.

The four remaining defendants in the case are: Katherine “Kat” Abughazaleh, a candidate in Tuesday’s Democratic primary for the 9th Congressional District seat; Andre Martin, originally of Providence, Rhode Island, who is Abughazaleh’s deputy campaign manager; 45th Ward Democratic Committeeman Michael Rabbitt; and Oak Park Village Trustee Brian Straw.

Last week, Perry granted a request from the U.S. attorney’s office to dismiss charges against Catherine Sharp, a onetime candidate for Cook County Board, and Joselyn Walsh, a part-time garden store worker and singer.

According to the 11-page indictment, the group surrounded an ICE vehicle outside the Broadview facility during a Sept. 26 protest and “banged aggressively” on the vehicle’s side and back windows, hood and doors before they “crowded together in the front and side of the Government Vehicle and pushed against the vehicle to hinder and impede its movement.”

Prosecutors allege the protesters scratched the vehicle’s body, broke a side mirror and a rear windshield wiper, and etched the word “PIG” into the paint.

The indictment includes the conspiracy count, which carries a maximum sentence of six years in federal prison, as well as several other counts of forcibly impeding a federal officer, each punishable by up to one year in federal prison.

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