A federal magistrate judge found Thursday that the Department of Justice failed to honor her order sealing a criminal complaint charging three alleged Tren de Aragua gang members, but she also concluded there was no nefarious purpose behind the violation and she ordered no sanction.
U.S. Magistrate Judge Laura McNally made her comments during a highly unusual hearing in which she ordered embattled U.S. Attorney Andrew Boutros into one of the largest courtrooms in Chicago’s federal courthouse. She insisted he stand at a lectern while she discussed what happened in the case.
McNally said there was a “clear violation of the sealing order. The order was unambiguous.” She said the order wasn’t lifted until 3 p.m. July 2.
However, Boutros discussed the case at a July 1 press conference in Washington, with acting Attorney General Todd Blanche and FBI Director Kash Patel.
“Your statement acknowledges that you were aware, when you went up there, that there was a sealing order in place,” McNally told Boutros.
Boutros told the judge he took her comments “very seriously.” He said his “intentions were to comply with the order.” And he told the judge, “I respect your findings.”
Thursday’s hearing took place before a fairly full gallery of onlookers in the chief judge’s courtroom on the 25th floor of the Dirksen Federal Courthouse. It also came seven weeks into a credibility crisis for Boutros that began with the May 21 collapse of the “Broadview Six” case over apparent prosecutor misconduct.
Damage has continued to spread, even in cases unrelated to the six Operation Midway Blitz protesters.
McNally previously wrote on the court docket that prosecutors called her chambers at 10:05 a.m. the day of the press conference, seeking an order unsealing the criminal complaint, with certain redactions, and claiming they “needed to obtain a ruling within the next 15 minutes.”
Boutros insisted in a court filing Wednesday that he acted in good faith and believed the press conference “complied with the letter and spirit of the sealing order” because it was for the purpose of “facilitating ‘the enforcement of criminal law.’”
The seal order did “not prohibit law enforcement personnel from disclosing” documents in the case “as necessary to facilitate the enforcement of criminal law,” he pointed out.
One purpose of the press conference was to “deter future crimes” by Tren de Aragua “by publicly demonstrating that federal law enforcement would prioritize the prosecution and punishment of violent offenses” they committed, Boutros argued.
“The U.S. Attorney reasonably believed that disclosure of the arrests and charges of [Tren de Aragua] members helped facilitate the government’s enforcement of criminal law both in and outside of this district,” he wrote.
McNally rejected that argument Thursday.
“I would not have signed an order that permitted the full discretion of the entire law enforcement community to decide that, at this point, we think what we’re doing here should not be sealed,” McNally said. “I would not have granted that motion.”
Boutros dodged at least two other high-stakes hearings in recent weeks. U.S. District Judge Sharon Johnson Coleman threatened to hold a hearing in June over allegations of prosecutor misconduct that surfaced in a case over which she presides. Boutros avoided it by permanently dropping charges against two defendants.
His office also recently convinced U.S. Magistrate Judge Keri Holleb Hotaling to hold off on a sanctions hearing aimed at the feds after a video raised questions about the accuracy of a sworn affidavit in another case.
Boutros’ team argued that Holleb Hotaling had no authority to hold the hearing. The judge agreed to a “brief” delay and sought input from defense attorneys.
This is a developing story. Check back for updates.