A federal judge investigating whether prosecutors misled her court in the “Broadview Six” case against anti-ICE protesters canceled a hearing requested by the Justice Department to clarify her authority to conduct the inquiry.
U.S. District Judge April Perry, a Biden appointee, has ordered four federal prosecutors, including Chicago’s U.S. attorney, to testify under oath as she considers possible sanctions or criminal contempt proceedings.
“Ultimately, the Governments professed lack of clarity about the Courts inherent authority to ask lawyers who have made misstatements to or misled the Court to explain their actions is immaterial,” Perry wrote Wednesday, cancelling the Nov. 17 hearing.
The Justice Department dropped the criminal case against the six protesters in May amid allegations of misconduct involving former federal prosecutor Sheri Mecklenburg, who later resigned. But Perry’s investigation into the prosecutors’ conduct has continued.
DOJ MOVES TO BOOT FEDERAL JUDGES FROM IMMIGRATION CASES OVER NYT INTERVIEW
Associate Attorney General Stanley Woodward, the Justice Department’s third-ranking official, argued in a filing that requiring prosecutors to testify would put them in a “Catch-22.”
“They can testify and risk prosecution, or they can assert their rights under the Fifth Amendment and risk antagonizing the court, while it may also be considering non-contempt sanctions,” Woodward wrote.
Perry rejected the government’s argument, writing that “the Government does not represent at least 3/4 of the individuals who have been asked to testify, two of whom have expressed their willingness to do so.”
Perry has ordered U.S. Attorney Andrew Boutros and three assistant U.S. attorneys in the Northern District of Illinois â William Hogan, Matthew Skiba and Andres Almendarez â to testify under oath Monday about possible misconduct in grand jury proceedings involving the protesters.
“There is no indication on the docket that the Government represents the fourth individual,” Perry wrote, referring to Boutros.
The testimony is expected to address prosecutors’ knowledge of possible grand jury misconduct, the accuracy of their statements to the court, why grand jury transcripts were redacted and whether officials outside the U.S. Attorney’s Office received information about the investigation. Perry could use the testimony to determine whether sanctions or criminal contempt proceedings are warranted.
The canceled hearing follows a separate dispute over communications the Justice Department has declined to disclose to Perry.
On Monday, Woodward argued in a motion that certain communications involving federal prosecutors were privileged and should not be disclosed. The Justice Department also submitted a privilege log identifying the withheld communications and the grounds for withholding them.
Perry rejected the submission Tuesday, finding it “noncompliant” because the government had redacted information identifying numerous senders and r
