A man from Texas is embroiled in a legal battle after being accused of posting alarming threats online directed at President Donald Trump. Francisco Mena, the individual in question, allegedly filled a YouTube post with the phrase “Kill Trump” repeated over 20 times, and in another post, he supposedly requested a “really good sniper.” Despite the severity of these accusations, Mena contends that the Department of Justice is targeting him over what he describes as “protected speech” and the use of a coffin emoji.

Mena’s defense team argues his online statements were not intended as genuine threats. In a motion to dismiss the case, his public defenders assert that no reasonable juror would view his words as a serious intent to harm, deeming them too exaggerated, vague, and contradictory. They argue that his comments lack credibility and seriousness, suggesting that any objective reader would view them as mere hyperbole.

Originating from North Richland Hills, Mena was indicted on 10 counts by a federal grand jury last month for threatening a federal official. The arrest took place in January, with accusations of Mena issuing threats against Trump and ICE officers via YouTube, as outlined in a federal complaint.

Among the allegations, Mena reportedly wrote multiple times, “Kill Trump kill Trump kill Trump,” and declared, “I will kill Trump” and “I will pay someone to give me access.” His threats extended to immigration officers, where he purportedly stated he would engage in a “gunfight” if federal agents came to his home. In a particularly chilling claim, he allegedly recounted stabbing an ICE agent in 2009, expressing a desire to repeat the act.

In their legal motion, Mena’s attorneys urge Chief District Judge Reed O’Connor, appointed by George W. Bush, to consider these communications as protected speech, arguing they fall short of constituting “true threats.” They maintain that the comments are excessively hyperbolic and conflicting, making it unlikely for any reasonable juror to interpret them as genuine threats.

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.