A modern tool launched by the National Association of Criminal Defense Lawyers (NACDL) aims to track what some attorneys describe as unusual and unsuccessful prosecutions undertaken by the Justice Department. The online tracker, supported pro bono by legal professionals, comes in response to concerns that the Trump administration is using the Justice Department to target political critics.
Tracking Unusual Cases
The tool maps cases where grand juries have rejected indictments sought by the Justice Department against critics of the administration, Democratic public officials, and protesters. One case highlighted is that of a man who threw a sandwich at a federal agent in Washington, D.C., where a grand jury declined to pursue criminal charges. The tracker also includes instances of what the NACDL calls “weaponized forum shopping,” such as attempts to secure an indictment against New York Attorney General Letitia James by convening grand juries in multiple Virginia cities – Alexandria, Richmond, and Norfolk.
NACDL President Andrew Birrell of Minneapolis stated, “The Bill of Rights wasn’t written to be a polite suggestion; it was written to be a shield against tyranny.” He added that jurors are “reminding this government that the people — not the prosecutors — hold the ultimate power in our justice system.”
The tracker currently contains 11 prosecutions where the Justice Department failed to secure an indictment, with several cases dismissed and one case – involving Letitia James – currently under appeal. The database is designed to be expanded and used by defense attorneys to monitor cases nationwide, offering access to key filings and judicial rulings.
A Justice Department spokesperson responded to the launch of the tracker by stating that the department respects the judicial process and the role of jurors, and will “not be deterred or distracted from keeping the American people safe.”
Frequently Asked Questions
What is the purpose of the NACDL’s Case Tracker?
The Case Tracker is designed to monitor and map cases involving unusual or unsuccessful prosecutions by the Justice Department, particularly those perceived as potentially politically motivated.
What types of cases are included in the tracker?
The tracker includes cases such as the “sandwich thrower” case, instances of alleged “weaponized forum shopping,” and attempts to indict Democratic members of Congress.
How many cases are currently tracked in the database?
As of Sunday, the database contained 11 prosecutions in which the Justice Department failed to secure an indictment.
As the Justice Department continues to pursue legal action in a number of contested cases, will this new tool influence how defense strategies are developed and implemented?
