The Department of Justice made an unusual concession to six protesters arrested during an immigration crackdown in Chicago that experts say shows how "desperate" government lawyers are to make the failed prosecution go away.
Defense attorneys for the "Broadview Six" have asked U.S. District Judge April Perry to appoint an independent special counsel to investigate alleged misconduct in the case, which they argued extends far beyond Assistant U.S. Attorney Sheri Mecklenburg – possibly all the way up to the top of the Justice Department, reported the Chicago Tribune.
“Indeed, these steps must be taken in large part because of what appears to be a determined effort to blame a single prosecutor when the misconduct now known … runs much deeper and indeed to the highest levels of the Chicago U.S. Attorney’s Office and likely to the Department of Justice in Washington D.C.,” defense lawyers argued in their motion.
Associate Attorney General Aakash Singh was reportedly in contact with the office of Chicago U.S. Attorney Andrew Boutros during Operation Midway Blitz, and defense attorneys for the “Broadview Six” are seeking records that could tie him to the tainted case against protesters arrested during the immigration crackdown.
The six protesters — most with connections to local Democratic politics — were charged following a September protest outside a suburban immigration detention facility in Broadview, but the case collapsed last month after Perry uncovered what she described as apparent prosecutorial misconduct during grand jury proceedings.
The judge found that transcripts submitted to her by federal prosecutors had been altered to conceal what had actually taken place, and the U.S. attorney's office subsequently dropped all charges.
Defense attorneys filed a motion Tuesday that set aside their request for a special counsel but showed the judge that the government's response actually strengthened their case for more evidence.
"The government had decided it would not contest that Defendants are entitled to their legal fees, albeit 'without admitting or conceding to the fact,'" the filing stated. "The government asked defense counsel to provide information contemplated by local rules to engage in good faith discussions on the amount of fees and related expenses. Defense counsel fully intend to provide this information and to engage in those good faith discussions to reach agreement on the amount."
"However, as noteworthy and rare as it is, the government’s acknowledgment that Defendants are entitled to recover their legal fees does not end the issue of discovery that is authorized under the Hyde Amendment," the filing added. "If anything, the government’s recognition that Defendants are entitled to their legal fees supports the need for fuller discovery."
Former federal prosecutor Ken White, now a defense attorney and online legal analyst, was stunned by the government's response.
"Holy s---," White posted on Bluesky. "The government is conceding it will pay some amount of fees to the Broadview Six. They are DESPERATE to stop further inquiry into the case. Never heard of such a thing."
"Seriously, though, it’s VERY hard to make the showing to win fees on a Hyde Amendment motion," White added. "It’s very winnable for the government even when there’s bad misconduct, and it suggests that there is even WORSE stuff that hasn’t come out that they are willing to do ANYTHING to keep quiet."