A federal judge reprimanded a defense attorney’s chosen attire — a T-shirt depicting civil rights icons — and declared a mistrial during jury selection in the high-profile Alvarado ICE facility ambush case.
U.S. District Judge Mark Pittman abruptly called a mistrial on Tuesday, Feb. 17, after a day of jury selection in the federal domestic terrorism case. Nine defendants face charges for the alleged Antifa attack at a Texas Immigration and Customs Enforcement detention center last July.
Pittman, a Trump-appointed judge for the Northern District of Texas, cited a politically charged T-shirt worn by defense attorney MarQuetta Clayton, according to Just The News.
“This has to be a first in the history of American jurisprudence, I would think,” the judge said. “I’m left with no other choice.”
Mistrial declared in federal Antifa trial after defense attorney’s T-shirt sparks bias concerns
U.S. District Judge Mark Pittman halts jury selection in Fort Worth case over blazer-worn shirt featuring civil rights figures—new jury pool to be seated, no trial date yet.… pic.twitter.com/gbo4xz5MIs
— The Dallas Express News (@DallasExpress) February 18, 2026
The nine defendants are accused of participating in the Independence Day ambush at the Prairieland Immigration Detention Facility in Alvarado, Texas. Federal prosecutors have called it a planned attack, which led to a police officer being shot outside.
The federal domestic terrorism case against the nine alleged Antifa members is the first of its kind since the Trump administration designated Antifa a domestic terrorist organization.
The jury selection process already had its challenges with several prospective jurors expressing anti-ICE and ant-Trump sentiments during the interview process, the Texas Standard reported.
The judge also expressed frustration over Clayton’s line of questioning of potential jurors.
The current jury pool was dismissed and officials said jury selection will start again with a new jury pool sometime next week. During Tuesday’s jury selection, a U.S. Attorney raised concerns about the shirt to the court, FOX 4 reported.
Clayton, who is representing Maricela Rueda, wore the T-shirt under a blazer during jury selection. The shirt included images of Dr. Martin Luther King Jr., Shirley Chisholm and other civil rights leaders.
Clayton reportedly wore it in honor of Rev. Jesse Jackson, who died on Tuesday at the age of 84.
Pittman appeared frustrated with Clayton’s questioning, then noticed her shirt.
“I don’t know why in the world you would think that’s appropriate,” Pittman told Clayton.
Prosecutors contend the July 4, 2025, attack at the ICE detention center was orchestrated by members of what they describe as a North Texas Antifa cell.
Federal prosecutors allege the defendants ignited fireworks and damaged buildings and vehicles before firing at federal officers. An Alvarado police officer was shot in the neck after responding to a suspicious persons call at the facility.
The defendants have denied wrongdoing and contend they were participating in a July 4 noise demonstration outside the building, the Texas Standard reported.
Five other people arrested in connection with the incident previously accepted plea deals and are expected to testify when the trial moves forward, FOX 4 reported.
Jury selection began Tuesday with 75 potential jurors. Around 20 of those prospective jurors expressed anti-ICE and anti-President Trump sentiments when questioned by the judge and Assistant U.S. Attorney Shawn Smith, Fox News Digital reported.
Pittman said that a pool of 130 jurors would be brought in this Tuesday, Feb. 24 to start the process again, Fox News reported.
Pittman also told Clayton that she would have to return for a hearing at some point to determine whether she would be sanctioned for her shirt.
Although the judge said he admired King and Chisholm, he likened Clayton’s shirt to a prosecutor wearing an ICE pin, or “a shirt with Donald Trump riding an eagle” with an ICE flag.
“Politics — as prevalent as they are, as divided as they are — don’t have any business here,” Pittman said.
As Clayton questioned jurors as part of the jury selection process, she noted the constitutional right to protest and mentioned Jackson’s death.
Clayton asked jurors whether they knew the difference between a noise demonstration, a protest and a riot. Her co-counsel Lesa Pamplin brought a poster board that seemed to juxtapose images of seemingly peaceful protests with a fiery riot.
Pittman scolded Clayton for bringing the board without notifying the court or prosecutors and ordered Clayton not to use it.
In addition, Pittman gave the defense 10 minutes per defendant to question the jury — Clayton’s questioning had taken 22 minutes, he said.
Finally, Pittman asked the jury to leave the room for a five-minute break before calling for a mistrial, something he said he’s never done before, the Texas Standard reported.
He cited concerns that the Fifth Circuit Court of Appeals — the federal appeals court for Texas, Louisiana and Mississippi — might overturn the verdict in the case if he didn’t declare a mistrial.
“It’s what (the shirt is) suggesting that’s improper,” he told attorneys.
Smith, the federal prosecutor, didn’t express whether he supported a mistrial, but the other defense attorneys opposed the move. Several said they hadn’t noticed the shirt, KERA News reported.
In an interview with KERA News outside the courthouse, defendant Savanna Batten’s sister Amber Lowrey said the mistrial was “frustrating” and hinted at a more coordinated effort when the defendants do go to trial.
“We’ve got everybody’s clothes ready,” Lowrey said of the defendants. “We’ve got our support people over here. Everybody’s worked really hard to make this happen. So, it is disappointing in that regard to just have him say, ‘I don’t like your shirt.’”
Pittman also sanctioned defendant Zachary Evetts’ attorneys last month for what he called “frivolous” motions seeking more evidence from the government.
