Texans sued by Democrats for participating in a 2020 Trump Train were finally vindicated after enduring three years of “lawfare” targeting conservatives engaging in political free speech.
Following a two-week trial in a federal court in Austin, a jury delivered “not liable” verdicts Monday for five of the six defendants: Joeylynn and Robert Mesaros, Randi and Steve Ceh, and Dolores Park.
A sixth defendant, Eliazar Cisneros, was found liable but intends to appeal.
The plaintiffs claimed the Trump Train participants conspired to intimidate Democrats from voting for Biden and Harris.
The defendants maintained they were exercising their First Amendment-protected right to free speech.
“After four years of lawfare, justice prevailed,” defendant Joeylynn Mesaros, a homeschool mom from New Braunfels, said following Monday’s verdict. Mesaros told Texas Scorecard Tuesday, “Everyone’s free speech went on trial before the jury.”
It had very little to do with us—we were just the placeholder for the American people. Thankfully, the jury upheld Constitutionally protected free speech rights and justice prevailed. The fight is far from over, but we are celebrating a huge win for everyone!
“This jury verdict is a complete vindication of my clients and a spectacular failure for the plaintiffs,” attorney Jerad Najvar, who defended the Mesaroses, told Texas Scorecard.
“While the plaintiffs sued us for ‘intimidation,’ it was the plaintiffs and their ideological lawyers who tried to scare conservatives away from expressing support for the candidates of their choice,” said Najvar. “They tried to game the judicial system and use it as a weapon against political opponents.”
According to Najvar, the plaintiffs “deployed more than 30 lawyers for this case from Willkie, Farr & Gallagher, Protect Democracy, and Texas Civil Rights Project, and must’ve spent millions.”
He said the plaintiffs also hired a sociologist as an expert witness “who claimed all the defendants had political views ‘outside the mainstream’ and engaged in ‘extremist collective action’ like they were some kind of white supremacists.”
Najvar also stated that Judge Robert Pitman “watered down the protections of the First Amendment” in his description of the law for the jury, “effectively granting far too much leeway for the plaintiffs to claim ‘injury’ from what was really just a political rally.”
“Despite all this, the jury saw through the deception,” he said. Najvar added that while the verdict goes a long way toward restoring his clients’ reputations, “it doesn’t go far enough.”
“Our next step will be to seek reimbursement for attorneys’ fees and sanctions for the plaintiffs’ lawyers’ unethical conduct in this case, including their failure to disclose the identities of other drivers on the road whom the plaintiffs had apparently identified even before filing the case,” said Najvar.
“This is not over.”
Texas Scorecard | Erin Anderson
“The trial is underway. Two days in and the plaintiffs have begun presenting their key witnesses, including a traffic expert. As we anticipated, their own evidence is supporting our side of the story. The facts emerging in court are painting a starkly different picture from the misleading narrative that the plaintiffs and the media have pushed for the past three years.” Attorney Jerad Najvar stated, "My clients have faced unjust attacks for years because the plaintiffs and their attorneys twisted video clips out of context. During opening arguments, I assured the jury that we will reveal the full story, and the plaintiffs' own evidence will ultimately prove our case."
Thank you for praying fervently over us. We can decisively feel the supernatural joy and strength which is a direct result of your intercessions. Otherwise, the peace we have is unexplainable.. We believe we will win at trial but fear the plaintiffs will keep appealing because the point for them isn't the truth - it's intimidation. We are still fundraising diligently as we need the continued legal defense to fight to the end and defend everyone's rights, not just ours.
Any amount you can give is crucial. Will you support us once more?
-Robert, Joeylynn and Jude Mesaros
FOR ANYONE WISHING TO ATTEND THE TRIAL:
"The jury trial is open to the public and seating is first-come first-served. It will begin with opening arguments Monday 9/9 at 8:30 am in the US Courthouse at 501 W. 5th St, Austin (Courtroom 4).
I expect trial to continue M-F through at least 9/20, and possibly into the next week. We will assert fundamental constitutional rights against this cynical abuse of the justice system.
Trial begins Monday, 9/9/24, in Austin federal court for my clients, Robert and Joeylynn Mesaros, who are standing up against an abusive lawsuit brought by operatives from the 2020 Biden-Harris Campaign that threatens everyone's 1A rights. The Biden Bus plaintiffs claim that the Mesaroses (and others who drove in a "Trump Train" on I-35 in Oct 2020) violated the 1871 KKK Act because the plaintiffs felt intimidated by the Trump vehicles.
The Plaintiffs' theory of the 1871 KKK Act cannot, and will not, prevail. The Mesaroses had as much right as the Biden Bus to go out on the highway with campaign messages displayed on their vehicles. They never conspired to do anything other than express their campaign preferences with other Trump supporters. I'm proud to represent the Mesaroses, who, from the very beginning, have refused to be intimidated. Instead, they have recognized the importance of this fight and we are in it to the end, including, if necessary, a trip to the Supreme Court. Because everyone's rights are at stake."
-Jerad Najvar, Najvar Law Firm LLC
KEY PLAINTIFF TRIES TO DROP THE CASE AGAINST US WITH ONLY 2 MONTHS UNTIL OUR TRIAL. We ardently object to this. After enduring nearly 4 years of abuse, defamation, and infringement on our constitutional right to free speech, we are not just walking away now. The American people have generously invested in our legal defense to see a victory, to ensure accountability for this lawfare, and with the guarantee that we will take this all the way to the Supreme Court if we need to. Therefore, we will stay the course and wholeheartedly object to anyone bailing out, especially now.
Our attorney Jerad Najvar with Najvar Law made the following statement: "The lead plaintiff, Dr. Eric Cervini, wants to drop the case. We've been through 3 years of expensive, ridiculous discovery (and litigation). The fact that he wants to drop the case, given that from the moment they filed the case, they went straight to the media and painted my clients and the other Trump Train drivers that day as white supremacists and members... you shouldn't be able to walk away scot-free 2 months before trial. So we will object to his attempt to bow out at the last minute. We're looking forward to going to the trial and for the facts to come out. This is the dam breaking, all the facts are coming out and this whole thing is going to explode in their face. There will be a lot of updates coming up in the next few weeks as we approach trial 9/9/24, so stay tuned for updates in this case."
To quote Dr. Simone Gold, we "have been hired by We the People to defend free speech rights", and we are staying the course, even though the plaintiffs tried to exhaust us with the lengthy and expensive process, they filed a motion trying to force us to settle (which we fought and defeated), and they are now are trying to drop out. We are persisting because a win for us is a win for you.
Watch a quick video regarding this update here: https://www.instagram.com/p/C9Ak3msOfQG/
Our trial which was scheduled to begin 6/10/24 has been rescheduled for the third time to 9/9/24. The finish line continues to be pushed back, but we trust God's timing!
Speaking of, we are riding the wave of the recent viral news coverage that has been surging through social media this last week. You may have seen us featured on Real America's Voice, The Charlie Kirk Show featuring Kari Lake telling our story, on Breitbart, and on podcasts like Tina Peter's Show, and The Gold Report with Dr. Simone Gold. One of our videos was also shared by Libs of TikTok (a Conservative whistle-blower social media account) which received over 2 MILLION VIEWS and was retweeted by Texas AG Ken Paxton and Congressman Chip Roy!
It is evident that grassroots efforts are the fuel in our tank to keep this fight going strong! We recognize that is thanks to people like you, through God's perfect Providence, that we are able to persist. Thank you for your continued prayers, for sharing our story with your friends, and for discussing this issue with your family around the dinner table. We look forward to bringing a victory home for We the People soon.
DID YOU KNOW: The Plaintiffs tried to force us into settling. We filed with the court that we would NOT be settling because we did nothing wrong, the lawsuit is abusive, and we will “not allow Plaintiffs to establish a legal precedent to intimidate people into giving up their rights.” Thankfully, The court denied their request to force us into mediation. We REFUSE TO SETTLE OR APOLOGIZE for exercising our basic rights. Rather than taking the easy path, we choose to put it all on the line to stand for what’s right, even if it means we are black and blue. We promise to always be good stewards of the money you donate and to use it to fight all the way to a victory. The fight to defend Free Speech continues as we head to trial in June 2024.
A panel of judges at the Fifth Circuit Court of Appeals has already cast substantial doubt on the Democrats' abusive lawsuit against us, calling Plaintiffs' claims "unprecedented" and "breathtaking," and basically invited the federal district judge to allow an immediate appeal to test the Democrats' legal theories. Unfortunately, the district judge denied our request for an immediate appeal a second time this month.
After the federal district judge denied our motion requesting to appeal to the Fifth Circuit Court (to have our trial heard immediately in an attempt to circumvent the abusive and unfair lawfare we are experiencing in the district court) we reopened our request with the Fifth Circuit Court and asked them to force the appeal through anyways. The Fifth Circuit denied our request to force the appeal now, but went out of its way to note that our arguments against Plaintiffs' abusive use of the law are "compelling," and would have to be reviewed after trial by jury in federal court.
Our attorney, Jerad Navjar with Navjar Law Firm, says, “I think the Fifth Circuit should have forced an appeal now; their reticence to do so points up a serious problem with the procedure for these kinds of appeals (before final judgment). But given the ruling, we will now proceed with preparations for trial in Summer 2024.
He goes on to say, “The facts will you out of the water. Unfortunately, I can't tell you about the most interesting items we've discovered in the case, because the court has issued a gag order. We're looking forward to deposing the Plaintiffs under oath this month.”
Our little family of 3 is packing our bags as we prepare to head to Washington D.C. for plaintiff depositions.
Now that we're heading toward trial, look for more updates. The Plaintiffs' lawsuit is a brazen abuse of judicial process intended to intimidate Conservatives. We won't let Biden partisans and big money from the Left (with their 20+ lawyers) scare us away from speaking up for the Truth.
The city of San Marcos and three of its police officials, Chase Stapp, Brandon Winkenwerder, and Matthew Daenzner, SETTLED the Cervini v. Stapp case involving egregious allegations that they "failed to appropriately respond" to last minute calls from campaign staffers on the Biden Bus for a police escort when they drove through San Marcos on Interstate 35 while a Trump Train drove alongside them.
Despite the fact that the same nonprofits funding the lawsuits (both against individual Americans including the Mesaroses, and separately the City of San Marcos) campaign to defund the police, they expected the police to provide an escort on a mere moment's notice. Police staff advised occupants of the bus that they didn't have enough patrol cars available for a last minute escort, but if a situation escalated they would respond.
Media outlets falsely claim the Trump Train attempted to "ambush" the bus, lie claiming they "swerved into" the bus, "assaulted Biden-Harris supporters" and, parroting Biden, even claim they "ran it off the road." None of which ever happened. What the media consistently fails to report on truthfully is that the Biden Bus itself was speeding up, slowing down and changing lanes unpredictably without turn signals. As a result, the Biden-Harris Campaign Staffer following the bus in the notorious white car side-swiped a Trump supporter's vehicle from negligent and aggressive driving. This however didn't stop plaintiffs from fabricating a tale of emotional damage resulting from this day and sued San Marcos P.D. for not responding to their calls as desired.
Now, nearly three years later, the San Marcos Police Department has "admitted to falling short of its own policing standards", they have instituted mandatory "political violence" training for all officers, and have agreed to pay a total of $175,000 in damages to the Plaintiffs whom they claim they "failed to protect". It's apparent that they moreso need training on the Constitution and Freedom of Speech. Our Founding Fathers are rolling, no doubt, to see this city take the path of least resistance at the expense of the American people who they swore an oath to defend.
This is an incredibly disappointing failure to stand for American's basic rights to Free Speech and regrettably sets the precedence that government officials are now easily able to weaponize the law against municipalities, police departments, and worse, average Americans, simply when their feelings are hurt, bankrupting individuals and taxpayers who stand in their way.
For Wendy Davis, one of the Plaintiffs suing the San Marcos PD, her very own voter base and would-be constituents are left footing the bill for this frivolous abuse of the legal system as she was running for Congress at the time of the incident. Had she not miserably lost to Chip Roy, she would be representing these very same tax-payers who she is exploiting via lawfare. It was the City of San Marcos's job to uphold the Constitution and they failed in a cowardice display of apologetics, bowing to the woke mob.
Robert and Joeylynn, along with only a couple of other freedom-loving defendants remaining, will stand alone to defend Free Speech Rights and give all they have to do what the San Marcos Police Department should have done: stick it out to the end to ensure a victory for the First Amendment.
“What’s the latest in the case!?” Thank you for asking! It’s A LOT. To quote our attorney, it’s a “flurry of filings.” Here’s what has transpired over the last several weeks:
• Defendants completed their depositions in the downtown Congress district of Austin, TX. We were seated at a cliche, giant conference-room table with 10+ DC attorneys in person and on zoom during 7+ hour days of interrogations. The questions that were asked of us were invasive, abusive and an infringement of our Constitutional rights. It was exhausting, to say the least, and left us emotionally depleted for weeks.
• Our attorney filed a Writ of Mandamus (a very rare filing) with the 5th Circuit Court of Appeals asking for exceptional help and intervention of the abuse we are experiencing. We were assigned a panel of 3 judges, 2 of which are Trump appointees, and they agreed the lawsuit is frivolous and should be dismissed. They urged us to refile (for the 3rd time) a motion to dismiss this lawsuit with the federal judge and stated their confidence that he would do the right thing and dismiss our case. If he does not, they asked us to refile with them. It feels like “back of the line”, but this is a big win affirming this lawsuit is frivolous and abusive.
• Our December 11 court date has been POSTPONED to June 2024. We anticipated this. As a result, discovery deadlines have been pushed back and other motions have been filed to navigate this timeline.
• Our fundraiser is at $240,000+ which is INCREDIBLE! We press onward to our current goal of $300k.
God is faithful to keep us encouraged and sustained with joy that comes from Him, and not our circumstances or surroundings. As you probably know we are also working to tackle local issues (like sexually explicit books in the children’s library) and use the voice this lawsuit has taught us to have. To God be the glory. Thanks to each of you for your prayers, financial support, and words of encouragement. We can’t do it without you.
Have you seen the news articles claiming "Trump Train Participants Settle Lawsuit with Apology"?
Let's be VERY CLEAR: WE DID *NOT* SETTLE.
If anything, we’re doubling down. We are still fighting to defend free speech and aren’t throwing in the towel, whatsoever.
Our attorney says it best: “Let's put this in context. The two defendants who settled had no legal representation. But, just as my clients, they were facing about 20 lawyers from Washington and DC with unlimited resources from liberal donors, seeking to financially ruin them with a federal lawsuit. The Biden Bus lawyers cynically leveraged their raw power against unrepresented, young defendants. It seems clear to me that Plaintiffs' lawyers carefully crafted the settlement statements with the intent to use them against the remaining defendants.
However, my clients will not be intimidated. The Biden Bus paraded down I-35 as a moving billboard, and my clients simply drove along in the vicinity flying Trump flags. That's not a federal offense, it's protected political association and speech. But it was tremendously embarrassing for the Biden bus, so they are abusing the court system to stretch the law and intimidate opposition.
Wendy Davis and the Plaintiffs have about 20 lawyers and mounds of cash, but we have the law. If they had a few more lawyers, it might be an even fight.”
- Jerad Najvar, Najvar Law Firm
The plaintiffs continue their efforts to fabricate a frivolous story to uphold this malicious lawsuit filed against us under the KKK Law of 1871, claiming we premeditated a plan to suppress minority voter rights by merely flying Trump flags next to the Biden Bus. Shocking, really, as many of us present that day are minorities ourselves.
As others around us are being pressured to concede, it is more important than ever that we continue fighting to see a victory for 1A rights. We stand firm in defending Americans’ basic freedoms and urge you to join us. Please donate $5, $25, $50, $100, $500 or $1,000 now by clicking the button below or visiting the GIVE tab.
A Texas couple sued by Democrats for participating in a “Trump Train” in 2020 are asking a federal judge to dismiss the case as an anti-First Amendment attack on political free speech.
“My clients were sued for nothing more than driving along I-35 with their Trump and other political flags proudly displayed on their vehicle, which they have the clear right to do,” said Jerad Najvar of Najvar Law Firm, who is representing the couple.
In October 2020, New Braunfels residents Joeylynn and Robert Mesaros joined a group showing support for President Donald Trump’s re-election by trailing a Biden campaign bus as it traveled through Central Texas.
In July 2021, four Democrats involved in Biden’s presidential campaign—including former Texas senator and failed gubernatorial candidate Wendy Davis—sued the Mesaroses and several other Trump supporters in federal court, alleging civil conspiracy and civil rights violations. The Mesaroses have now filed a second motion asking the district court to dismiss the case outright.
“This lawsuit is an egregious abuse of the judicial system,” said Najvar, arguing the Democrats’ “novel legal theory” would upend settled First Amendment law and chill the completely legal and non-violent speech of conservatives.
Davis and the other Democrats claim the Mesaroses violated a federal law that guards against interference with the right to vote.
“But [the] Plaintiffs nowhere allege that anyone was intimidated or dissuaded from exercising their right to vote because of the Trump Train on October 30, 2020,” Najvar said. “Instead, the claim is that the Trump Train drivers intimidated the Biden campaign surrogates and workers while they were in the act of offering ‘support or advocacy’ to Biden as the bus traveled to Austin on I-35.” Because there is no claim of interference with actual voting activity, the Plaintiffs’ theory relies solely on alleged interference with rights protected under the First Amendment—but proving a violation of First Amendment rights would require proof of government involvement in the Plaintiffs’ imaginary conspiracy to intimidate. The Mesaroses are not government agents.
“[The] Plaintiffs are sophisticated and know exactly what they’re doing,” Najvar said. “This lawsuit is an attempt to silence political opposition by intimidation through the court system.”
He said Davis and the other plaintiffs are represented by at least 10 attorneys, primarily from New York City and Washington, D.C.
The Mesaros’ motion to dismiss the Democrats’ lawsuit is pending.
Written by Erin Anderson with Texas Scorecard
Despite Robert and Joeylynn's best efforts to get this frivolous lawsuit dismissed, the Obama-appointed judge has ruled the couple will go to trial by jury in Federal court. The judge has issued a court date of December 11, 2023, which will be a staggering 3+ years from the date they drove next to the Biden Bus. The nature of lawfare (which is defined as the use of legal systems to damage or delegitimize an opponent, or to deter individual's usage of their legal rights), results in very expensive legal fees as the legal processes are often dragged out for years. During the first 2 years of this lawsuit, Robert and Joeylynn spent over $100,000 merely trying to get the lawsuit dismissed and simply providing discovery documentation. The couple's attorney has counseled them that the lawsuit could exceed half a million dollars in legal fees alone, if taken all the way to the U.S. Supreme Court. Robert and Joeylynn continue to hold the line for free speech rights at the federal level for all Americans and need your financial support to stay in the fight. They have raised their current goal to $300,000 in order to be financially equipped to make it through the trial and to ensure a victory defending our 1st Amendment rights.
Robert and Joeylynn maintain a winning mindset despite the lack of resources from over 50 non-profits who claim they defend 1st Amendment rights but have denied the couple's applications saying they only specialize in religious freedoms under the 1st Amendment. Additionally, local and state politicians have show time and time again their reluctancy to join the fight to defend free speech with Robert and Joeylynn, despite multiple attempts to recruit their help over the last 2 years. Robert and Joeylynn believe that "silence in the face of evil is evil itself.", and humbly thank you for your bravery in joining their fight and making it possible for them to stay in this battle - both financially and prayerfully.
Robert and Joeylynn want you to know that, "It will be because the American people have funded this fight that our impending victory is even possible. God alone will receive the glory and no one man or organization will be able to take credit for it. Together, with We the People, we are passionately defending our most basic God-given rights. Thank you for your staunch support!"
"It was a great day in New Braunfels for our clients Joeylynn and Robert Mesaros, whose “Biden is the Wurst” float was a huge hit in the Comal County Fair Parade. The float was a project of FreeSpeechDefender.com. But a “complaint” from someone to the Comal County Fair Association threatened to derail their participation. The CCFA told the Mesaroses a week before the parade that, despite having a “political” float category available at sign up, they wouldn’t be able to parade because their slogan was “negative” toward Biden. We quickly explained to CCFA that as a 501c3, if it was going to invite “political” floats, it couldn’t favor one side or another, and the fact that some might be offended by a message against Biden couldn’t justify denying them entry.
To their credit, CCFA dropped its opposition and the float was a huge success. But it’s a shame that the Comal County Fair Assoc was initially ready to capitulate to some complainant, when Biden’s lies and incompetency and downright evil policies (including supporting abortion on demand to birth) are inherently offensive themselves to any fair minded person. Maybe one day more of our officials and leaders will actually defend virtue and truth rather than simply managing the degeneration of our culture."
- Jerad Najvar, Najvar Law Firm, LLC, representing clients Robert and Joeylynn Mesaros
Biden Bus Democrats and their lawyers RECEIVE the unconstitutional PROTECTIVE ORDER that they requested (which silences Robert and Joeylynn, preventing them from publicizing documents the plaintiffs turn over in the discovery phase of the lawsuit) as Obama-appointed Judge Pitman rules in Plaintiffs' favor of their request. First the Plaintiffs file a bogus lawsuit in federal court, then run from the facts as Defendants begin requesting basic information to be turned over as they progress through court.
Defendants' attorney, Jerad Najvar with Najvar Law Firm, LLC, notified the Plaintiffs, "I intend to seek sanctions for the misleading factual allegations in the complaint if they are not withdrawn."
Stay tuned and find out what these radical Democrats and their lawyers don't want you to see.
FINALLY (after 8 months of waiting for a ruling, and spending approximately $50,000 in legal fees) Robert and Joeylynn received the dreaded news that the judge has denied their motion to dismiss the lawsuit. Judge Pitman and has ruled that they will go to trial in federal court before a jury of their peers. The judge has not yet ruled on the protective order filed by the plaintiffs attempting to gag them from speaking about the details of the lawsuit as they enter into discovery; however, it is up to his sole discretion if they will be silenced.
As Robert and Joeylynn progress through the judicial system, they have depleted the funds to defend themselves. Things will become increasingly more costly moving forward. Robert and Joeylynn do not wish to only be on the defense, but offensively fighting for Americans' Constitutional rights and freedoms - they need your support and funds to do this properly.
Robert and Joeylynn ultimately hope to be victorious in the end and plan to start a fund where they can financially equip other Americans in defending their God-given Constitutional rights.
"The plaintiffs are trying to get the court to enter a protective order that would allow them to designate any information they turn over to us in discovery as 'classified' so that it could not be discussed publicly. This is not the default rule in any litigation, federal or state. The plaintiffs want to protect themselves from whatever information we may find in discovery that undermines the basis of their claims. This is an incredibly important issue in the context of this case which is of great interest to the public." said defendant's attorney, Jerad Najvar, with Najvar Law Firm, LLC. We oppose this motion for protection.
As the plaintiffs work to bankrupt Robert and Joeylynn Mesaros in endless paperwork and legal burdens to answer to their demands for early discovery and court documents, the funds are depleting rapidly. Najvar Law Firm, LLC has filed for dismissal, but without the judge's ruling on the matter yet, the plaintiffs continue to make demands for producing requested items in the meantime. Despite our efforts to request extensions, we are responsible to submit responses in a timely manner which great costs are associated with. Please help us continue to fight to defend Free Speech by joining our family of Defenders who support us financially.
“The lawsuit proceeds just like the whole viral story began: based on a blatant lie,” said defendant's attorney, Jerad Najvar, with Najvar Law Firm, LLC. Najvar Law Firm filed a motion to dismiss all claims against the Mesaros's. “The claims are baseless, legally and factually, and I expect them to be dismissed in full.” Najvar said. “But we will not merely be seeking dismissal. The lawsuit is replete with lies and half-truths, and nobody should be allowed to get away with that. I plan to hold these Democrat plaintiffs and their attorneys accountable for this abuse of the court system and abuse of my clients’ time. So we will be filing additional documents soon, and demanding answers for these misleading claims.”
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