- cross-posted to:
- news
- politics
- progressivepolitics
- cross-posted to:
- news
- politics
- progressivepolitics
In its nationwide immigration crackdown, the Trump administration has charged hundreds of people with assaulting or impeding federal agents. President Trump has branded them “insurrectionists,” “animals” and “thugs,” part of a broader effort by his administration to cast protesters and immigrants as violent criminals.
But a close examination of those cases reveals that in its rush to meet White House demands for deportations, federal law enforcement has engaged in extensive misconduct — ranging from attacking protesters to destroying evidence and misrepresenting facts in court.
The New York Times found that the Trump administration has filed assault charges against more than 550 people who were caught in its immigration dragnet — far more than previously known. Of the more than 400 cases resolved so far, nearly half have unraveled: Juries acquitted defendants, judges threw out charges, or prosecutors withdrew them.
The record is abysmal by the typical standards of federal prosecutions: The Justice Department seldom loses criminal cases, with more than 90 percent of defendants pleading guilty or being convicted at trial.
The Times obtained court filings for every assault case and reviewed hearing transcripts, interviewed witnesses and federal officials and watched videos of dozens of encounters that led to criminal charges. The review, the most comprehensive to date, suggests that the administration’s use of the law has often been less about protecting federal agents than about providing legal cover to cow protesters and immigrants into submission.
In the half of assault cases that ended in the government’s favor, almost all were guilty pleas. The Times’s analysis of the 213 cases that the government has lost or abandoned found that:
In dozens of cases, court records and videos show that federal agents were the first to get physical — including shoving, tackling or pepper-spraying defendants. Many defendants successfully argued that the assaults they were accused of were actually acts of self-defense.
Judges repeatedly chastised prosecutors and immigration agents for misconduct including distorting facts and withholding evidence. Two judges found that agents purposely destroyed evidence, including ordering a defendant to delete cellphone photos.
Officers charged more than two dozen people who were filming or following agents, often while honking car horns, blowing whistles or shouting warnings like, “La migra is coming!” There was no allegation of physical contact with agents.
In more than 100 cases, prosecutors did not claim that any agents were injured. In at least seven other cases, officers’ injuries were caused by their or their colleagues’ actions. For example, a judge last fall dismissed assault charges against an immigrant, ruling that the agent involved had been cut by shards of glass from a car window he himself had smashed.
Sixty-five times, prosecutors abandoned or downgraded charges before hitting a deadline to present evidence to a grand jury or judge. Former prosecutors said that this pattern of rapid retreat was unusual and signaled that the cases should never have been brought.
The Trump administration’s strategy hinges on a once-obscure statute, 18 U.S.C. 111, that makes it a federal crime to assault or forcibly impede a government officer. Punishments range from a fine to 20 years in prison.
…
As the Trump administration’s efforts to round up undocumented immigrants encountered resistance last year, officials embraced an expansive reading of the assault statute as a way to arrest and prosecute people who got in the way of ICE and Border Patrol agents. The government’s reliance on the statute became so great that agents at times called out “18 U.S.C. 111” as they got into scuffles and made arrests.
…
The Times identified more than 30 instances of judges criticizing prosecutors or federal agents for conduct such as destroying or withholding evidence, violating rules about communications with jurors and making false or exaggerated claims, including some disproved by videos.
Judges have denounced the government’s actions as “flagrant,” in “bad faith” and “shocking to the universal sense of justice.”
Don’t get excited though. ICE is definitely winning


