Justice Department’s Protester Cases Reach The Jury Portion

An AP review found that fewer than half of defendants charged with assault were convicted and that all 12 completed felony trials ended without a conviction.

Closed federal case folders face twelve empty jury chairs beneath courthouse lights.
The charging announcement has proceeded to independent review. (Whisker-Leaks editorial illustration)

LOS ANGELES—The Justice Department’s campaign to prosecute protesters accused of assaulting federal officers has reached juries and judges, where the government’s charging decisions have encountered the additional requirement of proving the cases.

An Associated Press review examined 102 protesters arrested on felony assault allegations in four major cities during immigration demonstrations and federal troop deployments last year. Fewer than half of the defendants ultimately charged with felony or misdemeanor assault were convicted of either offense.

Twelve felony cases had reached trial when the review was completed. Every one ended in acquittal, mistrial or dismissal. Several other cases were reduced or abandoned after grand juries declined indictments, evidence weakened or judges questioned prosecutorial conduct. Three felony assault cases remained scheduled for trial.

The Justice Department said prosecutors responded to violence against officers performing federal duties and maintained that attacks on law enforcement would not be tolerated. Federal assault charges can carry sentences of up to 20 years. The department’s conviction record in these protest cases fell well below its usual results in federal assault prosecutions.

An arrest can communicate resolve immediately. A trial communicates whether the evidence satisfies a jury later. The administration completed the first part at press conferences; the courts are continuing the second without the same production schedule.

Sources: Associated Press: juries and judges reject many DOJ protester assault casesAssociated Press: key findings from federal protest prosecutionsAssociated Press: Chicago charges dropped amid grand-jury concerns

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