* The Sun-Times…
Chicago U.S. Attorney Andrew Boutros argued late Tuesday that it’s unnecessary to appoint an outside lawyer to probe for misconduct or potentially impose sanctions in the tainted “Broadview Six” case that has created a lasting credibility crisis for his office.
In a 52-page court filing, Boutros pushed back on motions by four of the six Operation Midway Blitz protesters urging U.S. District Judge April Perry to hold a hearing, open criminal contempt proceedings or appoint a special counsel to investigate the apparent prosecutorial misconduct that tanked the case.
Boutros said steps have already been taken to address longtime Assistant U.S. Attorney Sheri Mecklenburg’s handling of the grand jury that handed up indictments against the six Broadview defendants. […]
“There can be no doubt that mistakes were made in the prosecution of this case,” Boutros acknowledged in his filing. “That is why the United States Attorney’s Office has dismissed all charges and is not contesting former Defendants’ entitlement to attorneys’ fees. It is also why the United States Attorney has implemented substantial root-cause reforms as part of a remediation plan.”
* More from Boutros’ filing…
This case involved irregularities during a time of immense pressure, upheaval, and emotion in the District because of Operation Midway Blitz. Former Defendants have had all charges dismissed and will recover attorneys’ fees under the Hyde Amendment. This Court has already issued a public rebuke in this case that has garnered widespread attention. The AUSAs involved have been under public and private scrutiny, including being subject to OPR’s investigation into this matter. Moreover, robust root-cause changes have been implemented at the United States Attorney’s Office. Those reforms are designed to prevent the very issues that arose here. In addition, many hundreds, if not more than 1,000 grand jury minutes will be reviewed to determine that similar errors do not exist in other cases. Given all of this, the Government respectfully requests that this Court reject former Defendants’ request to do more, specifically opening up criminal contempt proceedings, ordering discovery, holding a hearing, or appointing another attorney to investigate this matter.
* The Tribune…
In a rare mea culpa, the U.S. attorney’s office also acknowledged in the filing that it could have been more candid with U.S. District Judge April Perry when it came to redacting large portions of the grand jury transcripts handed over in the Broadview case.
Those redactions ultimately revealed what was Perry described as blatant misconduct by the lead prosecutor and a failing of the “presumption of regularity” that normally exists between the court and the government.
While defense attorneys have asked for a hearing on sanctions and the appointment of special counsel to look into possible contempt charges, the U.S. attorney’s office said in the filing the court’s message “has been clearly heard and there is no need to do more.” […]
The U.S. attorney’s take on the matter, which was expected, comes nearly two and a half months after the Broadview Six case collapsed days before trial and led to a scandal that is still having repercussions at the Dirksen U.S. Courthouse, including calls from many local Democrats for Boutros’ resignation.
- Moe Bandy Wagon - Wednesday, Aug 5, 26 @ 9:58 am:
Boutros should be bending over backward to take advantage of an independent review. You have to wonder if maybe there’s some sort of cover-up underway. Did Assistant U.S. Attorney Sheri Mecklenburg had supervisor? Make you wonder if there’s been a long long history of corruption within the northern District.
- Pundent - Wednesday, Aug 5, 26 @ 10:06 am:
The immense pressure that Boutros refers to continues to exist. Just ask the US Attorney for the District of Columbia.
To pretend that this was a lapse in judgment by one Assistant USAG is a blatant denial of reality and the culpability of leadership. There are lots of dirty hands here and we deserve to know who they belong to.
- DS - Wednesday, Aug 5, 26 @ 10:18 am:
I disagree.
- Lincoln Lad - Wednesday, Aug 5, 26 @ 10:20 am:
AUSA’s across the country need to see people who cross the line held accountable by courts and the BAR. If there are not serious consequences, misbehavior will continue and get worse. AUSA’s putting their law license at risk, need to lose it when they are found to have crossed the line.
- Casper the Ghost Bus - Wednesday, Aug 5, 26 @ 10:20 am:
Boutros: In retrospect, having been caught, we’re sorry we violated all those people’s constitutional rights, legal protocols and courthouse etiquette, but in my professional opinion there’s no need to make a federal case out of it.
- Jocko - Wednesday, Aug 5, 26 @ 10:48 am:
==substantial root-cause reforms as part of a remediation plan==
Such as? Without an independent review, this is the federal equivalent of a pinky swear.
- JS Mill - Wednesday, Aug 5, 26 @ 11:10 am:
@Pundent +1
=The AUSAs involved have been under public and private scrutiny, including being subject to OPR’s investigation into this matter. Moreover, robust root-cause changes have been implemented at the United States Attorney’s Office. Those reforms are designed to prevent the very issues that arose here.=
Prove it. Until then, color me skeptical.
- Excitable Boy - Wednesday, Aug 5, 26 @ 11:12 am:
In other news the fox has made assurances that the hens will be safe on his watch.
- BE - Wednesday, Aug 5, 26 @ 11:32 am:
Wrong-doer investigates himself and declares that there wasn’t really any wrong doing and he shouldn’t be punished.
- Irreverent - Wednesday, Aug 5, 26 @ 11:47 am:
These people are all compromised. The Broadview 6 are the tip of the iceberg, and it WILL happen again as soon as they think they can get away with it. They don’t need sanctioned. They need launched from a cannon.
- Irreverent - Wednesday, Aug 5, 26 @ 11:48 am:
Any and all presumption of regularity with regards to the federal executive needs to be thrown out yesterday. The only federal executives keeping their jobs right now are lying sycophants.
- Big Dipper - Wednesday, Aug 5, 26 @ 11:53 am:
He really really doesn’t want a transparent investigation. And even if there were only two bad apples (a second prosecutor made the redactions) have they been fired and referred to the ARDC? This is just blather in hopes people will move on to other stories.
- Irreverent - Wednesday, Aug 5, 26 @ 12:06 pm:
This should be treated as a criminal conspiracy to deprive innocent people of their liberty.
- Annon'in - Wednesday, Aug 5, 26 @ 12:07 pm:
Guessin’ the is just an AI generated early April Fools joke. Who besides Todd Blanche, Judge Jenie and Abbot & Costello believe his review is enough?
BTW did he take an oath/ sign an affadavit with this submission?
- Keyrock - Wednesday, Aug 5, 26 @ 12:10 pm:
The brief says the Office didn’t “take direction” from Main Justice. We winked, we nodded, but that was all privileged, so we can’t share the details. But you can be sure we didn’t “take direction.”
- Irreverent - Wednesday, Aug 5, 26 @ 12:36 pm:
>This case involved irregularities during a time of immense pressure, upheaval, and emotion
From the “f* your feelings” crowd. Do I get to lock random people in cages and lie about it when I’m having emotions? If this is what you do when you have feelings, you need to be far away from any and all positions of authority. What a pitiful excuse salad. These people and their enablers are truly below contempt.
- Walker - Wednesday, Aug 5, 26 @ 12:53 pm:
Grand jury indictments are very susceptible to prosecutorial abuse, given the lack of defense participation. This is a very serious issue, and we need to know if senior DOJ expectations, expressed or implied, are causing fundamental destruction around the country.
- fs - Wednesday, Aug 5, 26 @ 12:55 pm:
Fox argues it’s made adequate changes to ensure the henhouse is safe from now on, and thus no other protections are needed.
- Dotnonymous x - Wednesday, Aug 5, 26 @ 1:44 pm:
“If you forgive the fox for stealing your chickens, he will take your sheep.”