DC grand juries resist Trump 'crackdown' on crime

In the three weeks since President Trump flooded the streets of Washington with hundreds of troops and federal agents, there have been only a few scattered protests and scarcely a word from Congress, which has quietly gone along with the deployment, reported The New York Times.

But one show of resistance has come from an extraordinary source: federal grand jurors.

In what could be read as a citizens’ revolt, ordinary people serving on grand juries have repeatedly refused in recent days to indict their fellow residents who became entangled in either the president’s immigration crackdown or his more recent show of force. It has happened in at least seven cases — including three times for the same defendant.

Given the secretive nature of grand juries, it is all but impossible to know precisely why this has been happening, but the persistent rejections suggest that grand jurors may have had enough of prosecutors seeking harsh charges in a highly politicized environment.

Courthouse wits have long quoted Judge Sol Wachtler, the former New York jurist who said that prosecutors are in such complete control of grand juries that they could get them to indict a ham sandwich. But that old saw did not hold true in the rebellion in Federal District Court in Washington, where grand jurors seem to have taken a stand in defense of their community.

“First of all, it is exceedingly rare for any grand jury to reject a proposed indictment because ordinarily prosecutors use discretion in only bringing cases that are strong and advance the interests of justice,” said Barbara L. McQuade, a former U.S. attorney in Detroit who teaches at the University of Michigan Law School. “I have seen this maybe once or twice in my career of 20 years, but this is something different.”

“My guess,” Ms. McQuade went on, “is that these grand jurors are seeing prosecutorial overreach and they don’t want to be part of it.”

While crime has fallen in Washington since National Guard troops and federal agents started to police the streets in large numbers in mid-August, the deployment has chafed many local residents, who have found their presence to be a source of anxiety, not security. And because of the deployment, a flurry of defendants have been charged with federal felonies in cases that would typically have been handled at the local court level, if they were brought at all.

Many of these cases have recently been downgraded or dismissed altogether after failing in grand juries, a tacit acknowledgment by the U.S. attorney’s office in Washington that they were overcharged to begin with. The most prominent example is the case of Sean C. Dunn, a former Justice Department paralegal who was charged with felony assault after he threw a sub-style salami sandwich at a federal agent on patrol near the corner of 14th and U Streets. His charges were knocked down to a misdemeanor last week after prosecutors were unable to indict him. 

While Mr. Dunn’s case has become a cause célèbre, inspiring Banksy-style images of figures hurling hoagies on walls across the city, other cases have also crashed and burned, without as much publicity.

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