US DoJ Cases Against Protesters Collapse as Officers' Lies Exposed in Court
Department of Justice prosecutors across the United States have suffered a string of embarrassing defeats in their aggressive pursuit of criminal cases against individuals accused of assaulting and impeding federal officers. In recent months, the federal government has relentlessly prosecuted protesters, government critics, immigrants, and others arrested during immigration operations, often alleging physical attacks or interference with law enforcement duties. However, many of these cases have recently been dismissed or ended in not guilty verdicts, highlighting significant flaws in the prosecutions.
High-Profile Cases Unravel Due to False Evidence
In several high-profile instances, prosecutions fell apart because they relied on statements by Department of Homeland Security officers that lacked supporting evidence or were proven blatantly false by video footage. Criminal defense lawyers noted it is unusual for federal prosecutors to pursue a high volume of charges over minor clashes with law enforcement, and it is extraordinary to see the DoJ lose case after case across different jurisdictions. Despite this, the costs for defendants, even if ultimately exonerated, have been enormous, with many facing public mugshot releases and prolonged jail time or criminal charges.
Minneapolis Case Highlights Pattern of Misconduct
The most recent significant fumble occurred in Minneapolis, where prosecutors last week dismissed felony assault charges against two Venezuelan men accused of violently beating an Immigration and Customs Enforcement officer with weapons on 14 January. In a press release, the DHS had described the men as violent criminal illegal aliens, claiming officers were attacked with a snow shovel and broom handle during a traffic stop. However, newly discovered evidence proved materially inconsistent with the allegations, leading to a motion to dismiss the cases with prejudice, meaning the government cannot re-file charges.
ICE director Todd Lyons acknowledged that videos revealed sworn testimony by two officers appeared to contain untruthful statements, prompting an investigation. Frederick Goetz, a lawyer for one of the men, praised the government for launching investigations but noted the reputational harm to his client is lasting. He highlighted a pattern in similar cases from DHS's Operation Metro Surge in the Minneapolis-St Paul region, where unreasonable uses of force by ICE agents are justified with false narratives casting victims as violent perpetrators.
Widespread Failures Across the Country
Similar obstacles and rebukes have been faced by US attorney's offices nationwide. In Chicago, of 92 people arrested for assaulting or impeding officers last fall, 74 cases resulted in no charges, 13 had charges filed and dismissed, and only five were pending, with no convictions as of late January. In Los Angeles, federal public defenders have won all six cases filed against ICE protesters that went to trial since June, a stark contrast to the typical 90% conviction rate for federal prosecutors. Not guilty verdicts have also been issued in Louisville, Kentucky, Seattle, and Washington DC.
Katherine McBroom, a defense lawyer in LA, described this losing streak as unheard of. She represented Jonathon Redondo-Rosales, who spent six months in jail until his case was dismissed with prejudice after footage disproved an officer's claim of assault with a closed fist. McBroom criticized prosecutors for pursuing weak cases and attempting to negotiate pleas rather than admitting errors, suggesting a concerted effort to silence free speech through false statements.
Government Response and Ongoing Investigations
Ciaran McEvoy, a spokesperson for the US attorney's office in Los Angeles, shared data indicating 103 people have been charged for assaulting or impeding federal officers since last year, with 25 dismissals and 25 guilty pleas, while others are pending. Prosecutors have appealed two dismissals, including Redondo-Rosales's case. Natalie Baldassarre, a DoJ spokesperson, stated the justice department will continue to seek serious charges against those who harm federal agents, condemning what she called activist liberal judges. The DHS and White House did not respond to inquiries.
McBroom emphasized the terror of such prosecutions, noting they depend on collaborative efforts to hide the truth and detain individuals for exercising First Amendment rights. As these cases collapse, experts warn that public safety is not served by diverting resources from traditional federal prosecutions like fraud and drug matters, underscoring the need for integrity in law enforcement and judicial processes.
