Ex-Prosecutors Condemn ‘Failure of Leadership’ in Chicago (2)

More than 100 former Northern District of Illinois prosecutors raised deep concerns about the direction of the US attorney’s office in Chicago in a statement Monday, saying there’s “little doubt that actions taken by leadership in the last year have tarnished the reputation” of the office where they once worked.

“These matters raise questions about whether there is a failure of leadership in the office we deeply respect and whether once-forbidden political considerations are infecting prosecutorial decisions,” the statement reads. “The answer to both questions, in our view, is yes.”

Among the problems they say have plagued the office in the past year: an “exodus” of experienced attorneys, serious problems at the grand jury in a high-profile case, a slew of failed prosecutions related to Trump’s “Midway Blitz” immigration enforcement push, and an increasing lack of trust from judges.

The statement is an extraordinary public criticism of a sitting US Attorney, Andrew Boutros, who had kept a low profile compared with some of his outwardly Trump-affiliated counterparts across the country before coming under fire since the collapse of a case against anti-ICE protesters last month.

Rebuilding the Chicago office’s reputation, the former prosecutors’ statement says, “will require candor from U.S. Attorney Andrew Boutros; the courage to stand above and apart from political fealty; and a willingness to address the failures that have occurred. It will require action, not mere words.”

In a statement, Boutros said he arrived last year to an office that was “not well” but has since “dramatically improved year-over-year productivity” and hired experienced attorneys.

“In every metric, we’ve vigorously brought the full weight of this Office and the federal government against dangerous criminals and serious fraudsters who previously got a pass,” he said.

“We’ve unleashed energy and talent that once was suppressed, stifled, and stymied,” he said. “My work is far from over and no matter what anyone says, today’s U.S. Attorney’s Office is a strong beacon of light and hope for this city. Our best days are ahead of us.”

The organized public criticism from former prosecutors is perhaps unprecedented even for Trump’s most controversial US attorney picks. Last year, about 100 former DC federal prosecutors sent a letter to the Senate Judiciary Committee saying then-interim US Attorney Ed Martin was “unfit and unqualified” for the role.

The 111 signatories to Monday’s statement have experience spanning seven decades, the statement says. They include former Northern District of Illinois US Attorney Scott Lassar as well as multiple former supervisors, some of whom were among the many prosecutors who left the office since Boutros’ arrival last year.

The statement urges current prosecutors to “aspire to” the office’s traditional high standards “and resist any effort to compromise the pursuit of justice for some perceived short-term benefit.”

Parts of the statement criticize Boutros directly, saying his recent announcement of changes to grand jury procedure was “long on superlatives and short on details” and his report acknowledging his contact with grand jurors in the protester case “raises more questions than answers.”

His address to the grand jurors, who had previously rejected charges against the protesters, “effectively signaled that the head of the U.S. Attorney’s Office is unhappy with us and we did something wrong. That message is inappropriate,” the statement reads.

And overall, the office’s handling of non-immigration cases related to “Operation Midway Blitz” raises the specter of political pressure, the statement says: “The pattern and timing of charging decisions, public rhetoric surrounding the operation, and the extraordinary collapse rate of these prosecutions raise at least the appearance that improper considerations supplanted the office’s historical exercise of prosecutorial discretion free from political influence.”

Public criticism of Chicago federal prosecutors reached a tipping point last month, when the prosecution of four anti-ICE protesters fell apart after revelations of serious improprieties at the grand jury and an apparent effort to cover them up. Judge April Perry — a former federal prosecutor — indicated sanctions against prosecutors could be appropriate.

Since then, public figures, including both of Illinois’ US senators and at least three Democratic US representatives, have called for Boutros’ resignation. Several former prosecutors said his office’s handling of the protester case and others stemming from “Operation Midway Blitz” showed Boutros is prioritizing the Trump administration’s prerogatives over the nonpartisan traditions of the Northern District of Illinois.

Acting Attorney General Todd Blanche expressed support for Boutros on social media June 4, saying the Justice Department stands behind him. In a statement, Boutros said the office was doing the “less than even the bare minimum” before his tenure, and he was grateful to colleagues who showed him “unconditional support.”

“I will not forget how you all stood by me when others capitalized on the opportunity to attempt to destabilize the Office, distract us from our mission, and wreak discord among our once-united AUSA and law enforcement community under the guise that they love or even really care about this incredible and storied Office,” he wrote.

Boutros, a former Northern District assistant US attorney and white-collar defense lawyer, was appointed to the interim position last year. Northern District judges later approved him to continue in the top spot.

A group of former Northern District prosecutors sent a message to their former colleagues earlier this year gauging interest in nonpartisan pushback to developments at the Justice Department.

In the months since, various ex-prosecutors have put their names to a statement criticizing the “absurdly weak” indictment of James Comey and a commenton a proposal to exempt DOJ attorneys from state ethics probes.