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.
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Josh Kovensky has a good piece up today on the collapse of the “Broadview Four” nee Six case in Chicago. What started off as yet another case of wild overcharging by the Trump Justice Department and politically motivated prosecution collapsed a week ago when a stunning level of prosecutorial misconduct was revealed in open court and all the remaining charges were dropped. The taint of the misconduct has already spread to other cases. The U.S. Attorney in Chicago, Andrew S. Boutros, has reacted with what he purports are important and until now neglected “reforms” to avoid anything happening like this again. (He has also been accused by one of the defense attorneys in the case of at least some level of involvement with the tainted grand jury.) But according to experts on grand juries, avoiding the levels of misconduct revealed in the case could have been done easily enough by just not breaking some of the most basic rules for how prosecutors must conduct themselves in grand juries.
It’s a galactic mess. But it’s also an example of the corruption of the Trump DOJ seeping down into depths of the Department.
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I was thinking last night about the denouement of the Broadview Six case, a collapse which I’m told by some legal observers stands a non-trivial chance of seeing some of the prosecutors disbarred. And I contrasted it with the series of TPM Reader emails about the “fancy lawyers.” A number of these emails start out with some version of, I’m not part of the legal elite, I’m just working here in the trenches as a lawyer in [this or that mid-sized city in the United States]. Or maybe, my background is in elite law but I’m down here in the trenches, etc.
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I’m hoping to bring you some news on the DOJ-in-Exile front in the not-too-distant future. It was probably simply too early in the spring and summer of 2025. It’s not too early now. But the DOJ-in-Exile idea was and is part of a more general ambition and agenda — to create a baseline record, a predicate and an expectation of future accountability for the Trump administration’s criminal conduct. Some of that effort is a kind of opposition therapy, resisting the authoritarian aim of convincing the public that the law, the ecosystem of criminal accountability has disappeared. It heartens people. It provides a framework of expectation: the law hasn’t disappeared. We’re in an interregnum. It will return, as will accountability. The battle over expectations about the future is a central battle in any authoritarian takeover.
But it’s not solely a matter of heartening, strengthening the morale of the opposition. It is also very directly and literally laying the groundwork for criminal accountability for a renegade executive and all the corrupt actors and criminals who now populate the executive branch.
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