BROADVIEW, ILLINOIS — Federal prosecutor Sheri Mecklenburg resigned from the Department of Justice, stating in her resignation letter that she is “retiring under protest.” She accused U.S. Attorney Andrew Boutros of personally directing the Broadview Six prosecution and using her as “a convenient target to be scapegoated and publicly vilified.” “I still expect a full and fair opportunity to address the allegations against me and restore my reputation,” she said.

Mecklenburg wrote that Boutros sent an office-wide email laying responsibility at her feet for a felony prosecution she says he personally directed over her objection. “You have forced me to choose between remaining silent while my professional reputation is destroyed and prematurely surrendering my cherished career,” she wrote. “I choose the latter.” She added that she is retiring under protest to protect her continued healthcare benefits earned through decades of government service.

“You recklessly agreed in court that I had committed misconduct without even asking for my account, fully reviewing the record or briefing the law,” Mecklenburg wrote. She noted in her letter that “no one consulted me about any transcript redactions.” She complained that she learned of the collapse of the case from the media. “I would have expected the leadership of the office to ensure that a career prosecutor whose conduct and reputation were about to be publicly condemned received notice and an opportunity to be heard,” she wrote. She stated she still expects a full and fair opportunity to address the allegations against her and restore her reputation.

The controversy centers on the Broadview Six case, which involved six protesters arrested outside the Broadview ICE facility during Operation Midway Blitz. The charged protesters were Kat Abughazaleh, Brian Straw, Catherine “Cat” Sharp, Michael Rabbitt, Joselyn Walsh, and Andre Martin. Mecklenburg was the lead prosecutor for the grand jury proceedings in the case. A grand jury twice refused to indict the group after she presented them with evidence.

The felony charges against the Broadview Six were dismissed. Boutros announced the dismissal of the remaining misdemeanor charges with prejudice. Federal charges against Joselyn Walsh and Catherine “Cat” Sharp had been dropped in March.

Boutros did not dispute the allegations of misconduct, stating the conduct was upsetting and the reason the case was being dismissed. He acknowledged that mistakes were made in the case and admitted the better course” would have been to provide unredacted copies of the grand jury transcripts initially.

Boutros stated he learned of some alleged misconduct, including improper communications with grand jurors, in late April. He also stated he had known since the fall that grand jurors who disagreed with the government's case had been dismissed. Boutros acknowledged receiving a transcript of the October 9 grand jury proceeding last fall but said he did not remember reading it.

Assistant U.S. Attorney William Hogan has taken responsibility for the redactions of the grand jury transcripts. Boutros announced his office would undertake grand jury reforms.

The Justice Department explicitly denied Mecklenburg’s claim that she was instructed to file felony charges over her objection. The department stated that Mecklenburg’s written recommendation included the conspiracy felony as the 'strongest charge.' The U.S. Attorney's Office announced it was investigating all of her previous actions before grand juries dating back 20 years.

Defense attorneys convinced Judge Perry to review unredacted transcripts of grand jury proceedings in late May. Judge April Perry stated she was “incredibly shocked” by the alleged misconduct found in the unredacted grand jury transcripts. Perry identified three types of prosecutorial misconduct in the transcripts, including vouching and improper communication with grand jurors.

She stated that the redaction of alleged misconduct from transcripts initially provided to her was “the most problematic” issue. Grand jury transcripts show Mecklenburg excused a grand juror who used profanity to describe the case.

Mecklenburg left the Broadview case in February to take an assignment as counsel for the Senate Judiciary Committee in Washington, D.C. Illinois Senator Dick Durbin announced Mecklenburg had been terminated from that role. More than 100 former federal prosecutors called out a “failure of leadership” in Boutros' office. Boutros was appointed by President Donald Trump and served as the president’s highest-ranking deputy in Chicago.

Why It Matters

U.S. District Judge April Perry scheduled a hearing for October 1 to consider appointing an independent special counsel to investigate Andrew Boutros and others. The hearing will address the potential consequences of the tainted prosecution. Grand jury transcripts released after the case collapsed revealed prosecutorial misconduct including improper vouching and dismissal of jurors who disagreed with the government’s case.

Mecklenburg had a 27-year career with the U.S. Attorney's Office before retiring under protest. Her resignation shows long-term tensions within the office regarding the handling of the case. The Justice Department's denial of her claims creates a direct conflict over who directed the prosecution strategy.

Timeline

A proposed settlement agreement addressed an unreasonable delay claim regarding the Natural Resources Defense Council's petition to revoke tolerances for neonicotinoid pesticides. The Broadview Six protest occurred on September 26, involving six protesters arrested outside the Broadview ICE facility during Operation Midway Blitz. On October 9, Mecklenburg told grand jurors, “I don’t charge people unless I’m absolutely sure.” Her attorneys later disclosed that Boutros instructed her to order an expedited copy of that transcript.

Mecklenburg left the Broadview case in February to take an assignment as counsel for the Senate Judiciary Committee in Washington, D.C. On May 21, Judge April Perry stated she was “incredibly shocked” by the alleged misconduct found in the unredacted grand jury transcripts. A motion to intervene filed on September 24 stated that a hearing is scheduled for October 1 before Judge Perry.

What's New

Mecklenburg noted in her letter that “no one consulted me about any transcript redactions.” U.S. Attorney Andrew Boutros was appointed by President Donald Trump, as noted in media coverage of the Broadview Six scandal, marking his tenure as part of the Trump administration's judicial appointments. Her attorneys stated they were told by Boutros' office that she “could be disciplined or terminated” for filing anything in court on her own behalf. Mecklenburg had a 27-year career with the U.S. Attorney's Office before retiring under protest, according to her resignation letter cited in Mediaite.com. The Broadview Six protest was part of the larger Operation Midway Blitz, a coordinated effort by immigrant rights groups to protest ICE operations in September, as reported by the Chicago Sun-Times.

How Sources Differ

Sources differ on how Mecklenburg learned of the case collapse. One source states she learned of the May 21 court hearing where all charges were dismissed after-the-fact from the media, specifically via a phone call from a Tribune reporter. Her resignation letter states she complained that she learned of the collapse of the case from the media generally.