U.S. Attorney Andrew Boutros released a startling report Tuesday acknowledging he appeared before the grand jury in the “Broadview Six” case on the day the indictment was handed up in October, asking for those on the panel who could not keep an open mind on immigration evidence to “please raise your hand.”
Boutros’ Oct. 23 appearance at the grand jury came at the height of Operation Midway Blitz and was an attempt to quell discord after a prosecutor had dismissed at least two panel members who had personal issues with the case and refused to deliberate. A previous panel, in fact, had declined to indict at all — issuing a rare “no bill” instead.
The five-page report was issued in response to defense attorneys’ questions last week about Boutros having unspecified contact with the grand jury, which was indicated in a preliminary transcript of the proceedings.
Boutros said he was releasing the unprecedented report “in the public interest as well as the interest of justice in light of speculation” caused by the in-court comments by the defense.
He also defended his appearance before the grand jury, saying its importance “cannot be overstated” given the animosity and bias that had shown itself in previous grand jury sessions.
“In such uncharted and unprecedented circumstances, extraordinary measures may be required to restore the rule of law,” the report stated in a “conclusion” paragraph.
The politically charged case collapsed in dramatic fashion, with U.S. District Judge April Perry describing “shocking” misconduct before the grand jury and Boutros himself appearing in court to apologize and dismiss the charges on the eve of trial.
Boutros has been under intense scrutiny since the case unraveled, with U.S. Sens. Duckworth and Durbin on Tuesday joining calls for his resignation.
In the report, Boutros said he notified U.S. District Chief Judge Virginia Kendall that he planned to appear before the Broadview Six grand jury after reports of “prior grand jury disturbances and potential tension” a week earlier.
It’s been previously revealed that in that Oct. 16 grand jury session, some panel members argued with prosecutors and were asked to leave.
On Oct. 23, Boutros went before the grand jury, introduced himself as the U.S. attorney, and told the panel they had an important “constitutional” function to play in the judicial system, according to a transcript provided in the report.
He also said “setting aside your emotions, setting aside your personal views, beliefs and biases” was very important, according to the transcript.
“And just simply as I like to say, calling balls and strikes,” Boutros said. “You’re the umpire and you can’t come in and be an umpire in favor of (a) particular team. You gotta call balls and strikes and that’s all we ask. But we also recognize that these are trying times, these are emotional times. You can’t help but turn on the news, read the newspapers, or for those of you who use TikTok and Instagram, and there’s stuff in there all the time.”
Boutros then said that if anyone was ” struggling with a certain type of cases, such as the immigration cases” where they did not believe they could be objective, “I would ask that you raise your hand and identify yourself.”
“Fairness is the key to the operation of our system,” Boutros continued, according to the transcript. “So is there anyone here who thinks that he or she cannot be fair, cannot be open-minded, cannot receive evidence, cannot set aside their personal feelings on any case, immigration or otherwise, child exploitation, immigration, whatever it is. Anyone who thinks they can’t do it, please raise your hand.”
According to the transcript, no one raised their hand, and after a few more general remarks, Boutros left the room.
The grand jury issued an indictment charging the Broadview Six with felony conspiracy counts later that day, records show.
In a statement Tuesday, attorney Christopher Parente, who represents the previously indicted Oak Park Trustee Brian Straw, noted the timing of Boutros’ remarks to the grand jury just days after previous panel members had been dismissed.
“Of all days for the U.S. Attorney to make a rare appearance before the grand jury, that he would be present on the day he likely knew this case would be re-presented speaks for itself,” Parente said.
Parente also said that the appearance was only being disclosed six months after it occurred “because of the demands of the Broadview 6 defense team for transparency on this U.S. Attorney’s engagement in the grand jury process.”
The indictment alleged the group of protesters, most with ties to local Democratic politics, conspired to damage and impede an Immigration and Customs Enforcement agent’s vehicle at a suburban ICE processing facility on Sept. 26.
The case was beset by controversy from the moment the indictment was brought, as the defense alleged the charges were brought amid pressure from the Trump administration and were nothing more than an attempt to silence protests of the president’s harsh immigration policies.
This is a developing story. Check back for details.
jmeisner@chicagotribune.com
