Newly released "Broadview Six" grand jury transcript shows prosecutors vouched for case, dismissed skeptical jurors

A partial transcript of grand jury proceedings in the "Broadview Six" case were released Tuesday, demonstrating what attorneys for the now-cleared defendants say are instances of misconduct by federal prosecutors looking for an indictment.

In late May, federal prosecutors dismissed all charges against the remaining members of a group of protesters arrested last year at a demonstration outside the Broadview ICE facility.

U.S. Attorney for Northern Illinois Andrew Boutros attended the hearing personally to say the decision to dismiss charges was due to improper handling of the grand jury proceedings by the lead prosecutor in the case.

Defense attorneys said prosecutors were forced to drop the case because of "significant errors" in the grand jury process.

During a closed-door hearing on the redacted grand jury transcripts, Perry told federal prosecutors she was "incredibly shocked by the redactions that were made." 

Defense attorneys for the Broadview Six released a partial transcript of those grand jury proceedings Tuesday, showcasing what they said were instances of prosecutorial misconduct identified by Judge Perry by then-Assistant U.S. Attorney Sheri Mecklenburg, who was the lead prosecutor, and Boutros himself.

The alleged misconduct was broken down into nine categories: improper vouching, ex parte communications with grand jurors, improperly excusing grand jurors, improperly testifying, improperly instructing on the law, failure to instruct on the law, other misconduct, improperly expressing personal opinion and finally Boutros admonishing grand jurors.

Vouching happens when prosectors inject their personal opinion about the credibility of a witness or the strength of the evidence of their case overall.

In one instance, Mecklenburg is asked by a grand juror if she has "unlimited tries" with a grand jury to get an indictment.

"Well, I don't think we have to worry about that," Mecklenburg replies. "I think we're going to be just fine."

Assistant U.S. Attorney Matthew Skiba, who was also prosecuting the case, adds, "I think the saying is the second time is the charm."

In another instance, Mecklenburg tells the court she had two conversations with grand jurors outside the courtroom, which is ex parte communication.

"Before we start, I have to do a mia [sic] culpa, because I'm the one who knows the rules, and I did something today that I'm not supposed to do. I had conversations with two Grand Jurors outside of the Grand Jury room," she says, before going into more detail about those conversations.

In another instance, Mecklenburg allegedly excuses skeptical grand jurors from serving after arguing with them.

"Are you actually presenting any new actual facts or just a different viewpoint from your side?" the skeptical juror asks.

"Okay. I'm feeling the skepticism already. Are you going to be able to listen with an open mind? Tell me the truth," Mecklenburg responds.

"I—no," the juror replies.

"Okay. Then you have to go," Mecklenburg says.

"I heard this case, like, last week and I thought it was a crock of s*** then and I still think it is," the grand juror says.

"Okay. Thank you for your opinion for everybody," Mecklenburg says. "I kind of had that impression from last week, but thank you."

"Do you have any other evidence other than [inaudible]," the juror asks, according to the transcript.

"Have a good evening," Mecklenburg replies.

The transcripts also include instances in which Mecklenburg appears to testify on behalf of agents who were involved in the protest incident, defending them to questioning jurors, defense attorneys said. In another instance, she tells the grand jurors that no law enforcement took video of the incident in question, which attorneys say is factually untrue.

Other examples given by defense attorneys point to Skiba and Mecklenburg admitting they did not properly instruct a previous grand jury they sought an indictment from on the law, refusing to answer a grand juror's questions, multiple instances of Mecklenburg allegedly misstating facts, and instances of Mecklenburg allegedly improperly instructing grand jurors on the law.

Defense attorneys say the transcripts also show alleged misconduct by Boutros, who they said admonished grand jurors regarding "immigration cases."

"If there's anyone here who is struggling with a certain type of cases, such as the immigration cases or other cases where they do not believe that they can set aside their personal, their personal emotions, that they cannot listen and deliberate honestly and objectively, I would ask that you raise your hand and identify yourself, because we have a different procedure for that," Boutros is quoted as saying in the transcript.

Defense attorneys said it is "extremely rare" for the U.S. Attorney to have contact with a grand jury regarding their views on certain types of cases, "if not unprecedented" in the Northern District of Illinois. But they said it happened twice.

In the second instance, they quote Boutros from the transcript saying, "So is there anyone here who thinks that he or she cannot be fair, cannot be open-minded, cannot receive evidence, cannot set aside their personal feelings on any case, immigration or otherwise, child exploitation, immigration, whatever it is. Anyone who thinks they can't do it, please raise your hand."

In the wake of the alleged misconduct and the case subsequently falling apart, Boutros ordered "sweeping internal reforms" to his office's grand jury practices, which he said "will be more transparent, effective, and impactful while greatly reducing the likelihood of mistakes and errors."

Boutros has not offered specifics on what those reforms include.

Attorneys for the now-cleared defendants say they are now looking for any possible evidence of pressure from the White House to secure an indictment against the Broadview Six after their arrest. Last week, defense attorneys asked Judge Perry for permission to conduct discovery to reveal communications and any other evidence that would explain how the group went from six protesters among a crowd of hundreds and to those defendants facing a rare felony conspiracy charge.

They also said they intend to seek evidence of what they called a "cover-up" of the alleged prosecutorial misconduct from the former lead assistant U.S. attorney on the case. Among the evidence they're looking for is any "documents, communications and records," including emails, texts and cellphone data, between now-Acting Attorney General Todd Blanche or his direct report, Aakash Singh, and U.S. Attorney Andrew Boutros' office in Chicago."

A growing number of Democratic lawmakers have called for Boutros to resign in the wake of the accusations.