A grand jury Tuesday night declined to indict two protesters in the Chicago area accused of assaulting law enforcement, the latest in a shocking string of failures by the Trump Department of Justice.
Securing grand jury indictments is usually nearly automatic; only the prosecutors get to present evidence, and the bar is much lower for indicting someone than proving their guilt. But the Trump administration, in its eagerness to crack down on protesters resistant to its brutality, has now been rebuffed by grand juries in Illinois, Washington D.C. and California.
The official ICE account had crowed about the Chicago-area protesters’ arrests online, promising that they’d be “held accountable” and that “we will not be deterred.”
In perhaps the most famous of these jury rebellions, D.C. jurors refused to indict Sean Dunn — the former Justice Department employee who threw a hoagie at an officer — in August, forcing prosecutors to charge him with a misdemeanor instead.
It’s a stunning rebuke, a reflection of the thin gruel that prosecutors are presenting as they attempt to throw the book at protesters for minor infractions — and perhaps an expression of protest against the state violence being visited on these cities in general.
— Kate Riga
Totally Normal President Threatens His Political Opponents With Jailtime
A short and sweet Truth Social from our Commander-in-Chief today: “Chicago Mayor should be in jail for failing to protect Ice Officers! Governor Pritzker also!”
“I will not back down,” responded Illinois Gov. J.B. Pritzker (D). “Trump is now calling for the arrest of elected representatives checking his power. What else is left on the path to full-blown authoritarianism?”
“This is not the first time Trump has tried to have a Black man unjustly arrested,” added Chicago Mayor Brandon Johnson (D). “I’m not going anywhere.”
Both the city and state filed a lawsuit challenging Trump’s attempt to deploy the National Guard. A federal judge declined to immediately block the deployment earlier in the week, and will hold a hearing on the case on Thursday. Meanwhile, reports indicate that troops have arrived in Chicago, a city roiled by escalating state violence.
— Kate Riga
‘Inquiring Minds Want To Know’ Why Grijalva Hasn’t Been Sworn In
Rep.-elect Adelita Grijalva (D-AZ) won the special election to replace her late father two weeks ago. Yet, House Speaker Mike Johnson (R-LA) still hasn’t officially sworn her into the House of Representatives.
Grijalva is expected to be the 218th and final signature on a discharge petition that will force a floor vote on releasing documents related to Jeffrey Epstein. Democrats say Johnson is delaying the swearing in because he wants to avoid that floor vote.
Sens. Ruben Gallego (D-AZ) and Mark Kelly (D-AZ) confronted Johnson in front of his office on Wednesday.
Gallego accused Johnson of wanting to “cover up for pedophiles on the Epstein list” during the heated exchange. Johnson pushed back, saying it “has nothing to do” with Epstein.
“This is an excuse so she doesn’t sign on to that,” Gallego said.
“This is absurd,” Johnson responded, adding: “This is a publicity stunt.”
House GOP leadership has been insisting Grijalva will be sworn in when the House comes back in session. But Johnson has cancelled previously scheduled votes over the last two weeks. The Speaker has also previously sworn in members during pro forma House sessions — which they were in on Wednesday.
House Minority Leader Hakeem Jeffries (D-NY) also chimed in.
“Why the delay Mike?” Jeffries asked during his Wednesday press conference.
“Does it have anything to do with Republicans’ continuing effort to hide the Epstein files from the American people,” he continued. “Inquiring minds want to know.”
— Emine Yücel
We Will Never Ever Get To Stop Talking About James Comey
Former FBI Director James Comey, apparently a permanent installment in our domestic politics, pleaded not guilty today in federal court.
The case against him is so weak that the Trump administration was forced to insert a low-experience loyalist at the US Attorney’s Office for the Eastern District of Virginia to bring the case.
Comey’s lawyer said he’d seek to dismiss the suit as a “vindictive” and “selective” prosecution, per the Times (the NYT also wants its readers to know that Comey “stood to his full 6-foot-8 height to offer his plea” — to what other height he could stand remains unclear).
— Kate Riga
In Case You Missed It
New from TPM: A Shortlist of Federal Data the Trump Administration Has Tampered With or Destroyed
Morning Memo: Key Witness Undercuts Trump DOJ’s Witch Hunt Against Jim Comey
Supreme Court dispatch: Election Denier Tries To Make It Easier For Candidates To Challenge Voting Rules
Backchannel: The Shutdown, Zombie Politics and How Trump Stumbled Into Not Being All-Powerful
Yesterday’s Most Read Story
Lindsey Halligan Will Have to Overrule Career Prosecutors to Indict Letitia James
What We Are Reading
Trump Labor Department Says His Immigration Raids Are Causing a Food Crisis — The American Prospect
Trump administration officials seriously discussing invoking Insurrection Act, sources say — NBC News
Trump Wants to Overhaul Drug Sales. A Company Tied to His Son Stands to Benefit. — Wall Street Journal
American juries be they grand or petit, have a long history of protecting peaceful protesters.
I’ve only been seeing excerpts but apparently tRump has been saying during his " antifa " presser this afternoon that protests such as burning a flag are " treason " and he’s wanting it referred to Pam Bondi at DOJ. He is truly insane and it’s on full display right there in the Oval Office. We are an international disgrace…
Since it is famously possible to indict a ham sandwich, is it possible the lawyers seeking indictments are tipping their hand so as to follow their boss’s orders, but remaining ethical by disclosing the weakness in their own cases as a handoff to the judge to instruct away possibility of returning an indictment?
Basically both trying to keep their job now, and also not be disbarred on the future…
I assume ‘grand jury nullification’ is a thing, so it could be that as well.
Comey “stood to his full 6-foot-8 height to offer his plea” — to what other height he could stand remains unclear).
Expect a full CAP “truth” this evening claiming CF-DJT is taller and healthier and sexier than Comey