CHICAGO (WLS) — In the wake of the dismissed federal case involving six individuals protesting against Immigration and Customs Enforcement operations last year, the U.S. Attorney for the Northern District of Illinois has unveiled major reforms to the procedures and transparency of grand jury operations, announced on Wednesday.
The charges against the group known as the “Broadview Six,” which included some progressive politicians, were dropped after it emerged that prosecutors had edited and omitted sections from grand jury transcripts. They also did not disclose their communications with jurors, which defense lawyers argue was a deliberate attempt to conceal prosecutorial wrongdoing.
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There are also allegations that Andrew S. Boutros had direct interactions with the grand jury.
On Wednesday, Boutros revealed a comprehensive reform plan designed to introduce the most significant changes seen in decades.
“U.S. Attorney Boutros and the Department of Justice have acted promptly concerning internal staffing issues,” stated a press release from the U.S. Attorney’s Office.
The newly implemented changes became effective on Tuesday.
The release said the changes will streamline the office’s grand jury processes and disclosures.
“The new process moving forward will be more transparent, effective, and impactful while greatly reducing the likelihood of mistakes and errors,” the release said.
The reforms establish expectations and rules for federal prosecutors related to grand jury disclosures.
The plan includes increased and expanded education about grand jury presentations.
The news release from the U.S. Attorney’s Office also said after learning of certain conduct by the government in the grand jury of a recent case, the office moved to dismiss the indictment in that case. It’s not clear if Boutros’ office was referring to the “Broadview Six” case.
The office continues to conduct a review after the case the release mentioned.
“He’s taking a hard look at what’s been happening and what is happening at the office and is effectively retraining people on what they should and shouldn’t be doing. Really there are basics of grand jury practice that people should have been trained on and should have known already,” ABC7 Chicago legal analyst Gil Soffer said.
Judge April Perry last week admonished prosecutors for potential misconduct and ethical violations.
Boutros also acknowledged a prosecutor misled the grand jury through the improper practice of vouching for evidence.
“Vouching is when you literally would tell the grand jurors, ‘Hey, don’t worry. I wouldn’t bring a case unless it’s just.’ Like, you can’t do that, right?” defense attorney Christopher Parente said.
“You can’t say, ‘Trust me. Trust the evidence because I wouldn’t bring you any case other than a good one,’” Soffer said.
Boutros says, in addition to reviewing his office’s handling of the “Broadview Six” case, it’s “…reached out to defendants’ attorneys in other cases…” handled by those same prosecutors.
Already, lawyers for a defendant in a separate fraud prosecution of Loretto Hospital executives want their indictment dismissed.
Attorneys for Mahmood Sami Khan in a filing alleged “…grand jury misconduct was pervasive…” and “…part of a pattern of misconduct that is widespread… .”
“If I were a defense attorney in any case where this prosecutor or these prosecutors had appeared before the grand jury, I’d be bringing motions,” Soffer said.
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