Department of Justice prosecutors across the US have suffered a string of embarrassing defeats in their aggressive pursuit of criminal cases against people accused of assaulting or impeding federal officers. In recent months, the federal government has relentlessly prosecuted protesters, government critics, and immigrants, often accusing them of physically attacking officers. However, many of these cases have been dismissed or ended in not guilty verdicts.
In several high-profile cases, prosecutions fell apart because they relied on statements by Department of Homeland Security officers that had no supporting evidence or were proven false by video footage. Criminal defence lawyers said it was unusual for federal prosecutors to pursue a high volume of charges over minor clashes with law enforcement, and extraordinary to see the DoJ lose case after case across jurisdictions.
The most recent significant fumble came from Minneapolis prosecutors, who dismissed felony assault charges against two Venezuelan men accused of violently beating an Immigration and Customs Enforcement officer with weapons on 14 January. The DHS had described the men as 'violent criminal illegal aliens' and claimed they attacked an officer with a snow shovel and broom handle. However, prosecutors filed a motion to dismiss both cases on 12 February, citing newly discovered evidence materially inconsistent with the allegations.
ICE director Todd Lyons acknowledged that videos revealed sworn testimony from two officers appeared to contain untruthful statements, marking a rare admission of possible wrongdoing by DHS officials. Frederick Goetz, a lawyer for one of the men, said it was very unusual for the government to dismiss its own case with prejudice. He noted a pattern of unreasonable use of force by ICE agents, followed by stories to justify that force, which later fall apart once facts emerge.
Goetz highlighted the reputational harm to his client, whose image as a violent criminal has spread online and to Venezuela. He also warned that the high volume of similar charges tied to the immigration crackdown is overwhelming federal courts and diverting resources from complex fraud, drug, and gang matters. Public safety, he argued, has not been served by these rash of cases.
