Since Donald Trump returned to the presidency, the Department of Justice (DOJ) has launched numerous investigations and prosecutions against his political opponents — often following direct threats from President Trump himself. The nonpartisan group Protect Democracy has tracked and analyzed dozens of such cases, https://protectdemocracy.org/work/retaliatory-action-tracker/.
Charges, characterized by defendants as baseless and politically motivated, have been brought against prominent people like James Comey, Letitia James, Lisa Cook, and Don Lemon, as well as ordinary citizens like the federal employee who threw a sandwich at an ICE agent. Seemingly politically motivated prosecutions have also been brought against civil rights groups, like the Southern Poverty Law Center and voting rights groups in Ohio. Yet, no charges have been brought by DOJ against the ICE agents who killed two US citizens in Minneapolis and a Chicago resident.
The charges brought against the “Broadview Six” activists who were protesting at the ICE detention center in Broadview provide a good example of a politically motivated prosecution. The US Attorney in Chicago was forced to dismiss charges against the “Broadview Six” because of at least three separate instances of alleged misconduct by federal prosecutors before the Grand Jury that indicted them. This misconduct was exacerbated by initial efforts to avoid providing the presiding judge with full disclosure of what had occurred. As a result, the US Attorney has dismissed the case and agreed to have the government reimburse the defendants for their attorneys’ fees.
As noted by Protect Democracy, in a healthy democracy “the justice system cannot be weaponized to punish political opponents, chill dissent, or achieve political objectives by other means — all hallmarks of the authoritarian playbook. At the same time, democracy requires that no one be above the law, and that prosecutions proceed even in politically significant cases when they are grounded in law and nonpartisan enforcement priorities.”
The harm from retaliatory action begins long before any verdict. An open investigation — regardless of whether charges are ever filed — drains resources, threatens security, and puts careers and funding at risk. It also sends a warning to anyone inclined to oppose the administration, which may itself be the point. At the same time, such actions erode the rule of law and undermine the DOJ’s ability to protect the public from actual crime and other unlawful conduct.
Because the consequences of politically motivated prosecutions are so important, it is crucial that prosecutors adhere to their professional and ethical responsibilities. Misconduct by members of the Justice Department cannot be tolerated. Attorneys engaged in such actions should be investigated by their relevant licensing authorities and disciplined if appropriate so that the public’s confidence in our justice system can be sustained.
The Chicago Council of Lawyers intends to ask the Illinois Attorney Registration and Disciplinary Commission to investigate the prosecutors involved in the alleged misconduct in the Broadview Six case so that they can be held accountable for their actions. The same should be done with respect to Justice Department attorneys who engage in such misconduct elsewhere.
