Justice Department’s Aggressive Prosecutions of Protesters Backfire, DOJ Loses All Trials

Justice Department prosecutors have spent months pursuing people who allegedly assaulted or impeded federal officers during protests over President Trump’s immigration crackdown and related military deployments. Attorney General Pam Bondi pledged that those who “hinder or assault federal officers” would face “severe consequences.”

A Review Reveals Systemic Failures

The Associated Press examined 166 federal criminal cases filed since May in Washington, D.C., Los Angeles, Portland, and Chicago—four Democratic‑led cities that saw the most demonstrations. The review found that aggressive charging decisions and rhetoric painting defendants as domestic terrorists frequently failed to hold up in court.

Mary McCord, a former federal prosecutor and director of Georgetown University Law Center’s Institute for Constitutional Advocacy, said, “It’s clear from this data that the government is being extremely aggressive and charging for things that ordinarily wouldn’t be charged at all.” She added, “They appear to want to chill people from protesting against the administration’s mass deportation plans.”

Dozens of Felonies Dissolved

Of the 100 people initially charged with felony assault of federal agents, 55 had their charges reduced to misdemeanors or dismissed entirely. In many cases, prosecutors could not secure the grand jury indictments required for a felony charge, and video evidence called into question the initial allegations. Officers in dozens of incidents suffered minor or no injuries, undermining the felony assault requirement that a serious bodily harm be possible.

A notable example involved 70‑year‑old Air Force veteran Dana Briggs, charged in September after a Chicago protest. Video footage showed federal agents knocking Briggs to the ground; prosecutors dropped the case after it had already been reduced to a misdemeanor. In another case, 28‑year‑old Lucy Shepherd was charged with felony assault after she brushed aside an officer outside Portland’s ICE facility. Her lawyers argued that video showed too little force to inflict injury.

DOJ’s Stance Remains Firm

Despite the setbacks, a DOJ spokesperson said the department will continue to seek the most serious available charges. “We will not tolerate any violence directed toward our brave law enforcement officials who are working tirelessly to keep Americans safe,” said Natalie Baldassarre.

Antifa Accusations Rare in Court

The administration has deployed—or sought to deploy—troops to the four cities studied, using the rhetoric that immigration protesters are “antifa” to justify the military presence. Antifa, short for “anti‑fascists,” is an umbrella term for far‑left protesters who confront white supremacists. The review found only a handful of references to “antifa” in court records and no case in which federal authorities officially accused a protester of being a “domestic terrorist” or part of an organized effort to attack federal agents.

Every Trial Lost

Experts were surprised that the DOJ took five misdemeanor cases to trial, given the resources required. Defense attorney Ronald Chapman II expressed disbelief: “When the DOJ tries to take a swing at someone, they should hit 99.9% of the time. And that’s not happening.”

The most high‑profile loss involved Sean Charles Dunn, a Washington, D.C. man who tossed a sandwich at a Border Patrol agent he had berated as a “fascist.” Dunn was acquitted on November 6 after a two‑day trial. In Los Angeles, 32‑year‑old Katherine Carreño was acquitted on a misdemeanor assault charge stemming from an August protest outside a federal building. Prosecutors alleged she ignored an officer’s commands and slapped the officer’s arm, but social‑media video shown to jurors contradicted that narrative.

Over 50 Cases Still Pending

Prosecutors have secured felony indictments against 58 people, some of whom were initially charged with misdemeanors. Accused of assaulting federal officers by hurling rocks and projectiles, punching, kicking, or shooting paintballs, none of these cases has yet gone to trial.

From the start of Trump’s second term through November 24, the Department of Homeland Security reported 238 assaults on ICE personnel nationwide. The agency declined to provide a list or details on how it defines an assault. Assistant Secretary Tricia McLaughlin said, “Rioters and other violent criminals have threatened our law enforcement officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, rammed them, ambushed them, and even shot at them.”

Key Takeaways

• Of 100 felony assault charges, 55 were reduced or dismissed.
• DOJ lost all five misdemeanor trials it pursued.
• More than 50 felony cases remain pending, with no trial yet.

The Justice Department’s aggressive prosecution strategy, aimed at deterring protests, has largely failed to secure convictions, leaving a significant number of cases unresolved and raising questions about the effectiveness of its approach.

Closing

The DOJ’s pursuit of protester accountability continues, but the pattern of dropped charges, trial defeats, and limited use of antifa accusations suggests a need to reassess its strategy before the next wave of demonstrations.