President Donald Trump speaks in the Cabinet Room of the White House, Friday, Oct. 17, 2025, in Washington (AP Photo/Alex Brandon).
A Texas man accused of spewing assassination threats online about President Donald Trump — with one post on YouTube featuring the words "Kill Trump" more than 20 times and another saying, "Give me a really good sniper" — says the DOJ is going after him for "protected speech" and a coffin emoji.
"No reasonable juror could interpret the hyperbolic, vague, and contradictory statements alleged … 'as a serious expression of an intent to cause a present or future harm,'" blasted Francisco Mena's public defenders in a motion to dismiss his case. "These rambling and contradictory comments ultimately 'lack believability' and could not be perceived as 'serious' by any objective reader."
Mena, who is from North Richland Hills, was indicted last month by a federal grand jury on 10 counts of threatening a federal official. He was arrested in January and accused of hurling threats at Trump and ICE officers on YouTube, according to a federal complaint.
"Kill Trump kill Trump kill Trump," Mena allegedly wrote over and over in one of his threatening YouTube posts. "I will kill Trump," he said, according to the complaint. "I will pay someone to give me access."
Taking aim at immigration agents, Mena allegedly claimed he would "respond with a gunfight" if federal officers ever showed up on his doorstep. "I stabbed an ICE agent in 2009," Mena alleged, according to the complaint. "I saw his own face asking and begging me to stop….I would love to do this again."
In the motion to dismiss, Mena's lawyers ask Chief District Judge Reed O'Connor — a George W. Bush appointee — to determine that the "charged communications are protected speech and cannot be prosecuted." They claim Mena's comments "are simply too hyperbolic, vague, and contradictory" to constitute "true threats" and believe "no reasonable juror" could interpret them as so.
"In count one, the government has alleged as a true threat the phrase 'Kill Trump,' which Mr. Mena allegedly wrote in capital letters and repeated 24 times within a single comment," the motion explains. "Count two alleges Mr. Mena's use of the same phrase in another comment, but just once this time, and followed by the year '2025' and a series of emojis, which included two sets of swords, a skull and crossbones, and a pointing-hand emoji gesturing toward a coffin."
Mena's lawyers say for count one, the "bizarre repetition of a two-word phrase 24 times in a single comment on the website YouTube undercuts the literal meaning of the phrase in question, and the use of all capital letters only adds to the hyperbolic effect and detracts from the comment's perceived seriousness." For count two, writing the year adds "nothing sinister or serious to the language already alleged in count one and the emoji "further undercut any pretense of sincerity," according to the motion.
"They are, in effect, little cartoons used in modern discourse to punctuate statements or convey meaning," the filing says. "Here, the use of emojis further cements the charged statements as mere 'political hyperbole,' not the sinister plans of a would-be assassin."
In addition to allegedly threatening Trump and ICE, prosecutors say Mena targeted the president's supporters. "You are the prime target in the whole U.S.A.," he wrote on YouTube, according to the complaint. "Blacks, white, Mexican, Asians vs. Trump supporters …. We will murder you!!!"
In another post, Mena allegedly said, "We out here killing them all slowly. Stabbed, shot, drugged, hung, everything! F— what you're going through!!!!"
He allegedly added, "All these Trump mfs will die."
Mena's lawyers say these comments, as well as the claims about being paid to kill Trump, "fare no better," per the motion.
"They are again vague, hyperbolic, and ultimately contradictory," the lawyers insist.
Prosecutors say Mena was tracked down through his YouTube account information and Google records, which showed that he used his actual birthdate, phone number, and address to create the account. Mena allegedly admitted to making the threats between May 13, 2025, and May 25, 2025.
"Mena also admitted to knowing that 'people would knock on the door' regarding his online posts," the complaint says.
If convicted, prosecutors say Mena faces up to 96 years in federal prison. His trial has been scheduled to begin on April 20.
"Some individuals falsely believe that they are immune from criminal penalties by posting vitriol online and not in person," said U.S. Attorney Ryan Raybould in a statement announcing Mena's indictment. "The diligent work of our law enforcement partners time and again uncovers those attempting to hide behind a computer screen."
The DOJ has yet to respond to Mena's motion to dismiss. A deadline has been set for April 3.
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