Biden judge rejects DOJ bid to halt probe of prosecutors in botched ICE protest case
A federal judge investigating prosecutors in the 'Broadview Six' case against anti-ICE protesters has canceled a hearing requested by the Justice Department to clarify her authority to conduct the inquiry.
U.S. District Judge April Perry has ordered four federal prosecutors, including Chicago's U.S. attorney, to testify under oath as she considers possible sanctions or criminal contempt proceedings in the 'Broadview Six' case against anti-ICE protesters. The Justice Department had requested a hearing to clarify Perry's authority to conduct the inquiry, which the judge rejected.
Judge Rejects DOJ Argument
Associate Attorney General Stanley Woodward, the Justice Department's third-ranking official, argued in a filing that requiring prosecutors to testify would put them in a 'Catch-22.' They could testify and risk prosecution, or assert their Fifth Amendment rights and risk antagonizing the court.
They can testify and risk prosecution, or they can assert their rights under the Fifth Amendment and risk antagonizing the court, while it may also be considering non-contempt sanctions.
Prosecutors Ordered to Testify
Perry rejected the government's argument, writing that 'the Government does not represent at least 3/4 of the individuals who have been asked to testify, two of whom have expressed their willingness to do so.' She has ordered U.S. Attorney Andrew Boutros and three assistant U.S. attorneys in the Northern District of Illinois — William Hogan, Matthew Skiba and Andres Almendarez — to testify under oath.
Investigation Background
The Justice Department dropped the criminal case against the six protesters in May amid allegations of misconduct involving former federal prosecutor Sheri Mecklenburg, who later resigned. The protesters, including former Democratic congressional candidate Kat Abughazaleh, faced charges stemming from a Sept. 26, 2025, confrontation outside an ICE facility in Broadview, Illinois.
The inquiry began after a grand jury's refusal to return an indictment on Oct. 9, 2025, and again during a subsequent session convened by Boutros. Grand jury transcripts initially provided to Perry contained redactions that concealed evidence of possible misconduct, including allegations of improper 'vouching' for the government's case by Mecklenburg.
Next Steps
The testimony is expected to address prosecutors' knowledge of possible grand jury misconduct, the accuracy of their statements to the court, why grand jury transcripts were redacted and whether officials outside the U.S. Attorney's Office received information about the investigation. Perry could use the testimony to determine whether sanctions or criminal contempt proceedings are warranted.
Related
