Legal experts’ suspicion of misconduct in the so-called “Broadview Six” case was confirmed with the release of grand jury transcripts on Tuesday, proving that prosecutors resorted to illegal tactics to coerce jurors into returning an indictment against anti-deportation protesters in Chicago.
The revelations in the transcripts prompted some attorneys not only to declare the indictment illegal, but to speculate that punishments could be coming for the Justice Department prosecutors involved in the case — up to and including the loss of their law licenses.
“They aren’t making ham sandwiches like they used to,” wrote Matthew Kupfar of Democracy Docket, referencing an infamous saying about how easy it is for prosecutors to win an indictment.
“You couldn’t give this transcript on an issue spotter on a law school exam because it would be too easy/obvious to spot the WILDLY OBVIOUS legal problems,” wrote Michigan law professor Leah Litman.
“Oh, man, it starts from the very start,” wrote appellate attorney Gabriel Malor. “Like literally the first thing after introducing herself. ‘I know you, and I trust you, and you know me, and you trust me, and I would never ask you to charge somebody if I didn’t think there was probable cause.’”
“The first grand jury proceeding in the Broadview Six case began with a *textbook example* of forbidden prosecutorial vouching,” wrote American Immigration Council senior fellow Aaron Reichlin-Melnick. “Misconduct from the start. Just incredible stuff.”
“There’s this thing called vouching that prosecutors are not allowed to do when seeking an indictment,” wrote Northern Illinois University College of Law associate professor Evan Bernick. “Basically, they ask the grand jury to trust them. A good sign you’re dealing with vouching is that the prosecutor literally uses the word ‘vouch’ and then says ‘trust me.’”
“Some lawyers are going to be disbarred over this, and likely more than one,” wrote Columbia Law School lecturer Scott Horton.
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