The top federal prosecutor in Chicago has defended his unusual appearance before a grand jury last year, when it returned an indictment against protesters who opposed the Trump administration's immigration sweeps. U.S. Attorney Andrew Boutros released a five-page statement on Tuesday, including transcript excerpts, in response to claims by defense lawyers that he had inappropriate personal contact with the grand jury in October before an indictment was handed up on a third attempt.
Boutros's Explanation
Boutros said he appeared solely to remind jurors of their obligation to be fair and denied trying to sway them. However, he told jurors to “please raise your hand” if they “cannot set aside their personal feelings” about immigration or any other case. This occurred at a time when President Donald Trump's Justice Department was facing challenges with grand juries elsewhere. “It's not normal,” said Sol Wisenberg, a former federal prosecutor. “Typically it's a judge who might make remarks.”
Case Dismissed
The government's case against the protesters has since fallen apart. Boutros dropped charges against four activists on May 21 due to alleged misconduct by an assistant U.S. attorney during the grand jury process. There were also claims that jurors who disagreed with returning an indictment were prevented from participating. When dismissing the case, Boutros told a judge: “No one acted with the intent to mislead, your honor.”
Grand Jury Process
A federal grand jury consists of 16 to 23 people who meet in private. A prosecutor presents evidence, and there is no role for a defense lawyer. The grand jury does not need to make a unanimous decision, though 12 votes are necessary for an indictment. Jurors are sworn to secrecy, along with prosecutors and investigators. It is uncommon for a U.S. attorney in a major city to appear in the grand jury room. Boutros said he did not speak to jurors about how to apply the law or the evidence against the protesters at a Chicago-area immigration detention site. Instead, he suggested he was there to give a pep talk while his staff handled the case details.
Defense Attorney Concerns
Defense attorney Josh Herman expressed concern about Boutros's role, calling it “chilling” that Boutros asked jurors to identify themselves if they could not set aside personal feelings. “The fact that the indictment has now been dismissed due to other misconduct before the grand jury does not cure the many wrongs that happened here,” Herman said. He and other attorneys are asking a judge to order the government to pay their fees.
Pattern of DOJ Struggles
The Chicago case is part of a pattern of the Justice Department during the second Trump administration struggling with grand juries. In Wyoming, a panel of judges recently dismissed charges against nine people after the U.S. attorney there told jurors that the accused were “bad guys” and “murderers,” handed out business cards, and invited them to reach out individually. In November, a federal magistrate judge scolded a Trump loyalist who secured an indictment against former FBI Director James Comey, citing a “disturbing pattern of profound investigative missteps.”
Related Cases
The irregularities have been cited by lawyers seeking grand jury transcripts in the case against independent journalist Don Lemon, who is charged in connection with an immigration enforcement protest at a Minnesota church. Boutros was appointed U.S. attorney in 2025 for northern Illinois by the Justice Department, a role extended last year by judges at U.S. District Court. U.S. Sens. Dick Durbin and Tammy Duckworth, both Illinois Democrats, have called for his resignation, citing chaos and “deep internal dysfunction” in his office.
