Grand jurors doubted DOJ’s Broadview Six case

Newly released grand jury transcripts describe repeated skepticism from jurors during a long-running federal prosecution of the “Broadview Six,” including Democratic congressional candidate Kat Abughazaleh. After prosecutors sought indictments multiple times,

For the second time, a grand juror wasn’t buying what the federal government was selling.

On a Tuesday when transcripts from the proceedings were released to the public, the record showed Assistant U.S. Attorney Sheri Mecklenburg responding to growing doubt about the case that would become known as the “Broadview Six.” Mecklenburg kicked out a juror who told the panel it was a “crock of shit” and said the government still hadn’t convinced them.

Prosecutors had been trying to indict the group for months. They pursued the case after charging that the defendants — including Democratic congressional candidate Kat Abughazaleh — blocked an Immigration and Customs Enforcement vehicle outside the Broadview detention center during an immigration crackdown in Chicago in late September of last year. The effort took multiple attempts at the grand jury.

The second attempt began a week after the first failed to produce indictments. The transcripts describe a juror asking whether prosecutors had “unlimited tries. ” followed by Mecklenburg’s assurance: “Well. I don’t think we have to worry about that. I think we’re going to be just fine.” Assistant U.S. Attorney Matthew Skiba added: “I think the saying is the second time is the charm.” Mecklenburg then pushed back directly when the juror warned about preconceived conclusions. saying. “I hope you don’t have your mind made up already that I’m going to need more tries.”.

That exchange turned into a frank confrontation. When Mecklenburg was asked by a grand juror whether prosecutors were “actually presenting any new facts or just a different viewpoint on your side. ” Mecklenburg said she was “feeling the skepticism already.” Then came the blunt demand: “Are you going to be able to listen with an open mind?. Tell me the truth,” the prosecutor said. The juror answered, “I — no,” and Mecklenburg replied, “OK. Then you have to go.” The grand juror added. “I heard this case like last week and I thought it was a crock of shit then and I still think it is. ” before being excused.

Prosecutors did not get an indictment even after removing the skeptical juror. So they returned again the following week for a third attempt.

This session came with unusual courtroom theater from the top: U.S. Attorney Andrew Boutros urged anyone who “cannot set aside their personal feelings” on immigration cases to raise their hands. according to a report summarizing his remarks. The transcripts also show Mecklenburg acknowledging misconduct during the third session — she improperly spoke to two grand jurors outside of official proceedings.

Despite that, a third grand jury returned a true bill. Mecklenburg and the prosecutors secured felony conspiracy charges against all six defendants and misdemeanor counts of impeding a federal agent.

But the case unraveled fast once it left the grand jury room. Earlier this year, prosecutors dismissed two of the defendants and dropped all felony charges, leaving only the misdemeanors. Then. last month. the prosecution collapsed entirely after a federal judge criticized prosecutors for improperly trying to influence grand jurors and for removing those who disagreed with the government’s case.

Judge April Perry, a U.S. District Judge. said after reviewing the transcripts: “I have read hundreds. if not thousands. of grand jury transcripts involving prosecutors who are the most junior of prosecutors to several U.S. attorneys who appeared before the grand jury. ” and added. “I have never seen the types of prosecutorial behavior before a grand jury that I saw in those transcripts.”.

The Broadview Six case didn’t exist in isolation. The filing describes it as part of a pattern by the Trump Department of Justice of pursuing aggressive felony charges against people who oppose its mass deportation and detention agenda. The transcripts and the case history show what can follow when prosecutors keep pushing even after jurors repeatedly express doubt.

Even when the legal fight ends, it can leave scars. Abughazaleh told the Guardian that collectively the members of the Broadview Six owe more than $1 million in legal fees. “That’s not a happy ending, it’s just an ending,” she said. “It’s not justice, but it is a win.”

Broadview Six grand jury transcripts Sheri Mecklenburg Matthew Skiba Andrew Boutros Kat Abughazaleh April Perry Immigration and Customs Enforcement Chicago detention center federal prosecutors mass deportation legal fees