Cook County State’s Attorney Eileen O’Neill Burke has a “political alliance” with federal law enforcement that has hindered her office from investigating alleged wrongdoing by federal agents during Operation Midway Blitz, attorneys alleged Friday while asking a judge to appoint an independent special prosecutor.
As part of an effort by community members to hold federal immigration agents accountable, a coalition of organizations, politicians, clergy, and city and suburban residents packed into a courtroom at the Leighton Criminal Court Building to hear arguments over a petition filed in March in Cook County Circuit Court that asks a judge to appoint a special prosecutor to potentially prosecute immigration agents for their actions during the Trump administration’s controversial immigration enforcement operation last fall.
During the proceedings before Judge Erica Reddick, attorneys for the civil rights firm Loevy & Loevy drew comparisons to the appointment of special prosecutor who won a murder conviction against former Chicago police Officer Jason Van Dyke in the fatal shooting of 17-year-old Laquan McDonald, while also proffering an internal email they said was evidence of the office’s deference to federal law enforcement agencies when it did not sign onto a statement issued by Cook County officials about attacks on Chicago made by President Donald Trump.
Representatives for the state’s attorney’s office, though, opposed the petition, arguing that they are “required to follow the law, even when it’s unpopular.” Yvette Loizon, chief of policy at the state’s attorney’s office, told the judge that declining to sign onto a political statement does not amount to a conflict, adding that making political statements can jeopardize prosecutions.
Reddick, who serves as presiding judge of the Criminal Division, will rule on the issue next month.
The petition accused Burke of failing to act during the operation, outlining numerous clashes between agents and civilians throughout the fall, most seriously, the killing of Silverio Villegas González in September and the wounding of Marimar Martínez in October. The issue of state prosecutors pursuing criminal charges against immigration agents has been an ongoing matter of public debate, with advocacy groups pushing for state prosecutions in the absence of trustworthy federal investigations while Burke has said the law only allows her to charge on-duty agents in narrow circumstances.
In written responses, the Cook County state’s attorney’s office has maintained it does not have a conflict of interest required by law for an outside prosecutor to be appointed, contending that the law does not allow prosecutors to initiate prosecutions simply because “the general public and elected officials would like them to.”
Meg Gould, an attorney for the petitioners, noted to Reddick that Martínez has publicly called for charges against the Border Patrol agent who shot her five times after they were involved in a car wreck in Brighton Park in October. She also referenced other allegations of attacks perpetrated by agents that were caught on video or documented in depositions or other court filings.
“These are not just brutal acts, they are crimes,” Gould said.
Gould accused Burke’s office of failing to act in order to protect relationships with federal agencies. The petitioners filed as an exhibit an email obtained through a public records request that was sent by Burke’s former spokesman Matt McGrath to other county officials in August of last year.
In the email sent shortly before the beginning of Operation Midway Blitz, McGrath said the office would not be able to sign onto a joint statement issued by Cook County officials that condemned attacks on Chicago made by President Donald Trump.
“We obviously share concerns about Trump’s actions, rhetoric and bluster. At the same time, the State’s Attorney’s top priority remains combating illegal guns, and to continue doing that effectively we need to maintain our excellent working relationships with the local ATF and other federal partners,” McGrath wrote. “So we will not be able to sign on.”
In response, Loizon said prosecutors “certainly don’t have a relationship with ICE, certainly don’t violate the Trust Act.”
Loizon argued that Burke has spoken out against Trump on a number of occasions, including by filing an amicus brief supporting a lawsuit by the state of Illinois against the Trump administration over deployment of the National Guard. Loizon also hit back on the allegations that the office has failed to act, noting that it circulated a protocol meant to guide law enforcement agencies investigating potential wrongdoing on the law that governs criminal charges for on-duty actions.
“When we want the law to bend so it suits us, we create problems for everybody,” Loizon said.
Reddick questioned both sides about whether civilians have filed complaints to local police agencies, as the parties spent time arguing over whether the state’s attorney’s office can initiate its own investigations without referral by law enforcement.
The petitioners argued that prosecutors have the ability to open investigations and, further, have an obligation to investigate law enforcement for alleged misconduct. Loizon, though, told Reddick that the office’s position is that prosecutors can support investigations, but should not be the primary investigator.
Locke Bowman, an attorney with Loevy & Loevy, argued that a judge appointed a special prosecutor to handle the shooting of McDonald amid similar circumstances involving allegations of misconduct against law enforcement. Loizon countered that in that case, then-State’s Attorney Anita Alvarez stepped aside voluntarily.
“The McDonald case teaches us several things,” Bowman said. “Fundamentally it teaches us that there are … cases that flow outside the norm.”
