Army Veteran Released After Judge Rejects Federal Bid to Detain Protester in Cities Church Case

U.S. Army veteran Ian Davis Austin was released from federal custody Feb. 2 after a federal judge rejected prosecutors’ request to detain him until trial.

Austin, who served six deployments to Afghanistan, was arrested Jan. 30 near the Bishop Henry Whipple Federal Building at Fort Snelling. He was one of nine people arrested and charged in connection with a Jan. 18 protest that interrupted a service at Cities Church in St. Paul. The protest challenged the dual role of St. Paul ICE Field Director David Easterwood as a pastor and included chants of “Justice for Renee Good.”

The demonstrations were co-led by civil rights activist Nekima Levy Armstrong. In the weeks following, activists have called for Easterwood to resign from his pastoral role. Federal authorities have also arrested two Black journalists, Don Lemon and Georgia Fort, after they recorded and documented protest activity and interviewed demonstrators and church members.

Nearly two weeks earlier, federal agents tackled Austin and performer Rob Potylo, known as Robby Roadsteamer, while Potylo danced in costume near the Gate 3 parking lot entrance at the Whipple complex, according to CNN video footage. Austin was tackled by multiple agents, shackled, and held for roughly eight hours before being released without charges.

“It sure seems like they’re trying to paint me as a domestic terrorist,” Austin told Mother Jones reporter Julia Lurie following that arrest.

Attorney Sara Gad said she witnessed Austin’s Jan. 30 arrest while visiting another client at the Whipple building.

“I walked by and saw a group of federal agents surrounding this young man,” Gad said. “I just wanted to make sure he had legal counsel.”

Like other protesters, Austin had written the phone number of a local attorney on his arm in permanent marker before approaching the federal building. When he was detained, the number no longer worked. Activist William Kelly reported experiencing the same issue during his own arrest.

Max Adamson, an activist from Idaho who had met Austin only weeks earlier, witnessed the Jan. 30 arrest and said the two had been watching out for one another during protests.

“We met outside the Whipple federal detention center, and we’ve been watching each other’s backs ever since,” Adamson said.

Adamson said Austin noticed what he believed was an FBI surveillance vehicle moments before agents moved in.

“He pointed out a van he believed belonged to the FBI,” Adamson said. “Then another vehicle appeared, agents jumped out, arrested him, and drove off.”

Austin described repeatedly calling out agents he believed were operating unmarked vehicles near the Whipple complex.

“I was pointing them out, yelling ‘FBI,’” Austin said. “Then all of a sudden, they all came after me.”

As agents dragged him into an unmarked vehicle during one arrest, Austin shouted his name and claimed he was being targeted due to a viral video.

“My name is Ian Austin,” he said. “They’re targeting me because I had 2.5 million streams yesterday.”

In the video, Austin questioned why he should stay silent.

“How could I not be out here?” he said. “My nation is under attack.”

After Austin’s Jan. 30 arrest, federal prosecutors sought to impose travel restrictions, arguing he posed a flight risk. A magistrate judge rejected the request.

“I’m really thrilled that the judge decided to release him without any conditions,” Adamson said. “He’s obviously not a flight risk.”

Following his release, Austin characterized the arrests as part of a broader campaign of intimidation.

“Some of the agents were even agreeing with me in the car,” Austin said. “They’re all running around in the same unmarked vehicles.”