CHICAGO — U.S. Attorney Andrew Boutros dismissed charges against four activists on May 21 after acknowledging misconduct by his office during the grand jury process that led to their indictment. The dismissal followed Boutros’s admission that he personally appeared before a Chicago federal grand jury in October and urged jurors to raise their hands if they could not set aside personal feelings about immigration or other matters.
Boutros released a five-page statement on Tuesday with transcript excerpts to address defense claims that his contact with the grand jury was unusual and improper. He said he appeared before the jurors solely “to remind jurors of their obligation to be fair” and was not attempting to sway their decision. “I did not speak to jurors about how to apply the law or the evidence against the protesters at a Chicago-area immigration detention site.”
When announcing the dismissal in court, Boutros told the judge, “No one acted with the intent to mislead, your honor.” He added in his statement, “A grand jury unwilling to receive evidence impartially without fear or favor is a threat to enforcing the law.” He defended his actions by saying, “In such unchartered and unprecedented circumstances, extraordinary measures may be required to restore the rule of law.”
Defense attorney Josh Herman criticized Boutros’s conduct, calling it “chilling” that the U.S. attorney asked jurors to identify themselves based on their personal views prior to the third attempt to secure an indictment. “The fact that the indictment has now been dismissed due to other misconduct before the grand jury does not cure the many wrongs that happened here,” Herman said.
Sol Wisenberg, a former federal prosecutor, noted that Boutros’s appearance was highly irregular. “It’s not normal. Typically it’s a judge who might make remarks,” he said. It is uncommon for a U.S. attorney in a major city to appear in the grand jury room. There were also claims that grand jurors who disagreed with returning an indictment were prevented from participating.
U.S. Senators Dick Durbin and Tammy Duckworth, both Illinois Democrats, have called for Boutros to resign, citing chaos and “deep internal dysfunction” in his office. Boutros was appointed U.S. attorney for northern Illinois in 2025 by the Justice Department, and his role was extended last year by judges at the U.S. District Court.