From Chicago Sun-Times · · 4m
DOJ charged 102 protesters with felony assault and won almost nothing
Federal prosecutors swung hard at protesters in four cities, then lost every case that reached a jury.
In brief
Federal prosecutors swung hard at protesters in four cities, then lost every case that reached a jury. When a prosecutor's office charges to send a message rather than to prove a case, juries notice, and the record shows it. Originally reported by Chicago Sun-Times.
The cases fell apart
The Justice Department failed to win felony convictions against most of the 102 protesters arrested last year in four cities for assaulting federal authorities.
Zero wins at trial
All twelve cases that reached a jury, mostly in Los Angeles, ended in acquittal, mistrial or dismissal. Three more go to trial this fall in LA and Portland.
That is not normal
Legal experts call the record startling for a department that almost never loses at trial. It points to rushed investigations and aggressive charging.
Pressure from the top
Prosecutors were working under an administration demanding visible crackdowns on anyone who touched a federal officer.
Part of a wider slump
The losses land amid broader DOJ setbacks in politically charged cases, with grand juries refusing indictments and trial juries returning acquittals.
Prosecutors usually pick winners
Mary Fan, a former federal prosecutor now teaching at the University of Washington, says the government controls which cases it brings and has enormous resources.
“Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion.”
Should they have charged at all
Fan says losing every felony assault trial raises the question of whether the charges belonged in court in the first place.
“whether or not these charges should have ever been brought in the first place”
How AP counted
The Associated Press tracked 167 arrests from protests last summer and fall in LA, Chicago, Portland and Washington, D.C., the cities where Trump pushed to deploy the National Guard.
Severe consequences promised
Then-Attorney General Pam Bondi warned that anyone interfering with federal law enforcement would face severe consequences.
“severe consequences”
The numbers behind 102 cases
Felony assault on a federal officer carries up to 20 years. Yet 41% of those cases were dismissed, 34% were pleaded down to misdemeanors, and ten people pleaded guilty to the felony.
Who actually served time
Nine people got prison on the assault charges. Seven more were sentenced on other counts like arson and obstruction, and a handful took diversion deals.
No improvement since December
An earlier assessment found the same struggles. Nine months on, the conviction record had not meaningfully moved.
DOJ defends the approach
The department says assaults on federal officers deserve priority and that prosecutors drop or downgrade charges when mitigating facts turn up.
“each case is based on the facts”
Far below the baseline
In 2024, 82% of federal assault defendants were convicted at trial or by plea. Fewer than half of these protesters were.
The clarinet player
Oriana Korol was playing in a marching band outside Portland's ICE building when officers pepper sprayed her and pushed her down. Her foot struck an officer. The jury hung.
Seconds, no injury
After the mistrial, Korol pleaded to a misdemeanor and got time served plus a year of supervision. Her lawyers said the incident caused no injury.
“has accepted responsibility for the bad choices she made over a few seconds that caused no injury”
The tear gas canister
Lecturer Jonathan Caravello was accused of throwing a canister back at agents at a California cannabis farm raid. Video showed it sailed high and landed well behind them. Acquitted in three days.
“They're trying to get a chilling effect out of these charges.”
Chicago's collapsed conspiracy
Michael Rabbitt and five others faced felony conspiracy over an ICE vehicle near Chicago. A judge read the grand jury transcripts, scolded prosecutors, and the case was dismissed days before trial.
“I'm proud that we won this case, not just for us, but for protesters across the country.”
The overcharging signal
Pleading felony assault down to a misdemeanor is rare, and experts say it suggests charges were inflated to push defendants into deals.
“I think when prosecutors bring charges ethically, they should be prepared to prove them beyond a reasonable doubt.”
Where DOJ did win
A Molotov cocktail thrower got five years, two men got over three years for a burning patrol car, and eight people got decades after an officer was shot in Texas. In Chicago, 18 of 19 felony assault cases were dismissed.
What matters most
When a prosecutor's office charges to send a message rather than to prove a case, juries notice, and the record shows it.


