Superseding Indictment in US v. Sant Keeps 15 Defendants and Eight Counts, Cuts Numbered Overt Acts From 269 to 200 and Drops DHS and ICE From the Conspiracy's Object

A superseding indictment in United States v. Sant (D. Minn., 0:26-cr-00115) was filed October 22, 2026 as Doc. 308 (docket text by AUSA Tory Sailer; entered on the docket October 23). It replaces the 94-page indictment filed June 11 (Doc. 1, marked “TO BE FILED UNDER SEAL”; unsealed June 16). Both are image-only scans; the comparison below was read from page images and OCR of both documents.

What did not change. The same 15 defendants, in the same order. Eight counts: Count One is conspiracy under 18 U.S.C. 372 against all 15; Counts Two and Three (solicitation, 18 U.S.C. 373; threats, 18 U.S.C. 115(a)(1)(B)) name Wagner; Counts Four and Five (interstate stalking) name Sant (May 4) and Morgan (May 12); Counts Six and Seven (assault; destruction of property over $1,000) name Morgan (May 15); Count Eight (assault with a vehicle) names Rakotz (May 18). The charging language of Counts Two through Eight reads the same as Doc. 1’s. The conspiracy period is still “January 2026, through in and around June 2026”. The new document does not add a defendant, a count or a statute.

What changed.

• Length and overt acts. Doc. 1 numbers 269 overt acts (pages 9 to 91); Doc. 308 numbers 200. Counts Two to Eight are no longer numbered paragraphs. Doc. 308 splits some acts (a May 7 Signal exchange that Doc. 1 held as one act is now two) and condenses many, and some acts are cut. Names, times and quotations in the acts that remain are largely carried over.
• The conspiracy’s object. Doc. 1 charged a conspiracy to prevent “officers and employees of the United States Department of Homeland Security (‘DHS’), which includes United States Immigration and Customs Enforcement (‘ICE’)” from discharging their duties. Doc. 308 reads “officers and employees of the United States”. The same change runs through the background paragraphs: “federal immigration and law enforcement officers” becomes “employees”, and “to forcibly challenge, block, or stop immigration raids, detentions, and deportations” becomes “enforcement of federal law”. ICE is still named in the background, as one of the agencies whose operations DAMN is alleged to have exploited lawful protests around. The word “Homeland” appears nowhere in Doc. 308. Doc. 308 also adds a first-listed purpose of the conspiracy (preventing federal employees from discharging their duties “by force, intimidation, and threats”), so it lists five purposes where Doc. 1 listed four.
• Material removed from the background paragraphs. The quotation of DAMN’s description of itself as acting “against the current Federal Occupation”; the statement that antifa groups “frequently blend anarchist” and communist views; the sentence that rapid response networks are “inherently militant” with the “explicit aim of combating and stopping a federal agent with a gun” (the same Robinet quotation still appears among the overt acts); the description of the plate-tracking databases; and, from the list of manner and means, “dry runs” and “OPSEC” (collecting members’ cell phones at meetings). The charge that DAMN “infiltrated” lawful protests becomes “attempted to infiltrate”.
• The May 15 acts (Counts Six and Seven). Doc. 1 recorded HSI agents noticing sandbags under the tires of a government vehicle, that Morgan “knocked the agent’s notes out of his hand”, that he “kicked Government Vehicle 2 twice, causing dents”, and that Sant “was also present”. Doc. 308 drops the sandbags and says “MORGAN and SANT approached a federal agent”, that Morgan “struck the agent’s notebook out of his hand”, and that he “repeatedly kicked a federal law enforcement vehicle … causing damage”, with a time of about 11:26 a.m. The count text itself (“kicking a Government-issued vehicle”, damage over $1,000) is unchanged.

Two cautions. The documents do not say why the indictment was superseded, and a grand jury returned a revised text; this entry makes no claim about what the changes were meant to do. Separately, the docket text for entry 308 lists Sant under counts “1s, 4s, 5s” and Morgan under “1s, 6s, 7s”. The document puts Count Five (stalking, May 12) on Morgan, so the docket coding appears to differ from the document; the document controls.

Timing. The filing came two days after the October 20 evidentiary hearing before Magistrate Judge Schultz on Sant’s discovery motion (Doc. 212) and a non-party motion about an ICE memorandum (Doc. 276); supplemental briefing on Doc. 212 is due November 16 (defendants) and December 4 (government). The October 22 date is the filing date; the docket entry is dated October 23 and was quality-checked October 27.

The Whipple Shield, Puppet Master and Keyhole records that drive the surveillance side of the case are defense-filed exhibits, not part of either indictment, and neither indictment mentions NSPM-7.