I want to share a few more thoughts about yesterday’s news out of the defunct Broadview Six case, specifically the all-but-unprecedented release of the transcript of the grand jury sessions from which the indictments came. This was always a case of wild over-charging at a minimum. And that raised the question of just how prosecutors managed to get the case through a grand jury, even with how low a bar that usually is. Well, now we know. They cheated. They wouldn’t take no for an answer.

As David Kurtz notes here, this case seemed fuzzier than most of the other Trump retribution prosecutions. While the indictments singled out a Democratic candidate and lawmaker and those closely associated with them, none of those were high-profile Trump “enemies” like Tish James or James Comey. The prosecutor who initially led the case showed no signs of being especially Trumpy. Defense attorneys tried from the beginning to pry free evidence of White House and/or DOJ interference or direction in bringing the case. But prosecutors said they looked and there was no communication about it. The judge accepted that statement at face value.

It was almost certainly false.

In recent posts I’ve been explaining how corrupt leadership of the Justice Department has been seeping down into U.S. Attorneys Offices across the country, sometimes through direct interventions, other times through the general message from the top that using U.S. Attorneys Offices to settle personal vendettas is fine. Our new information comes from a new filing out of the Broadview Six case — specifically, from attorneys for the final four defendants who are now seeking leave of the court to do discovery to get to the bottom of the corruption behind the case and seek sanctions or compensation for legal fees.

First, a little context.

A few more nuggets to report out of the Chicago U.S. Attorney’s office. Yesterday the DOJ released what it referred to, rather grandiosely, as a “rare special report” about grand jury appearances. It was basically a statement and and defense by U.S. Attorney Andrew Boutros himself to charges that he was himself involved with the tainted grand jury which brought charges against the so-called Broadview Six. It’s a bit convoluted, even for someone like me who’s followed the case pretty closely. The “report” starts by arguing that one transcript reference that appears to refer to the “USA”, i.e., the US Attorney, was actually a transcription error. So, as the “report” puts it, a classic case of mistaken identity. It seems like that may be right, though it’s not clear to me that anyone was actually referring to that bit of transcript. In any case, the “report” leads with that, making it seem like any claims that Boutros has dirty hands is just wrong and there’s no there there.

I read an account of this “report” and then shortly after the pretty aggressive/smackdowny statement from Broadview Six defense attorney Chris Parente, Boutros’ current main antagonist.

Today Illinois Sens. Dick Durbin and Tammy Duckworth called on Chicago U.S. attorney Andrew Boutros to resign charging that his office is adrift in chaos and official misconduct. 

On the one hand this is unsurprising. This is a major and growing scandal. It implicates a Republican president. They’re Democrats. And the office has been at the leading edge of policies (Midway Blitz, mass deportation generally) that are deeply unpopular — certainly in Chicago and to varying degrees across the state. So, as I note, to some agree it’s a predictable development. 

But there are some additional threads I want to remind you of.