Legal Challenges Emerge as DOJ Pursues Protester Prosecutions

Thu Dec 18 2025 22:00:55 GMT+0200 (Eastern European Standard Time)

The Justice Department's aggressive prosecutorial strategies against protesters have faced significant setbacks as numerous felony charges are reduced or dismissed amid legal scrutiny, raising questions about the the effectiveness of these measures.

The Justice Department has initiated a comprehensive campaign to prosecute individuals accused of assaulting federal officers during protests against President Trump’s immigration policies. However, an analysis by the Associated Press reveals that many of the cases have resulted in reduced charges or acquittals, raising concerns about the Department's prosecutorial decisions. Key findings indicate an aggressive approach against protestors, yet a lack of substantial evidence in various instances has led to significant challenges in the courtroom, including losses in all misdemeanor trials brought to date.

WASHINGTON — The Justice Department is intensifying its efforts to prosecute individuals accused of assaulting federal officers during protests in response to President Donald Trump's immigration policies. Attorney General Pam Bondi has indicated that offenders would face severe repercussions. However, an investigation by the Associated Press reveals a pattern of overreach in these prosecutions, culminating in many charges either being downgraded to misdemeanors or dismissed altogether.

In a review of 166 federal prosecutions in four heavily protested cities, it became clear that aggressive charges often lacked the necessary legal foundation to stand in court. Mary McCord, a former federal prosecutor, noted the government appears to be attempting to suppress dissent against the administration's controversial policies.

Reduction or Dismissal of Charges

Of those initially charged with felony assault against federal agents, over half had their charges reduced or dismissed after evidence called the initial allegations into question. For instance, a case against Dana Briggs, a 70-year-old veteran, was dropped after video footage contradicted the accusation of assault against federal officers.

Other cases illustrate similar outcomes. Lucy Shepherd faced felony charges for lightly brushing aside an officer’s arm but was acquitted when her defense presented video evidence indicating minimal force used.

Investigation Outcomes

Despite the administration's rhetoric labeling protestors as members of antifa—a term for left-wing activists often seen clashing with law enforcement—there were few mentions of such claims in court contexts. Analysis shows that federal prosecutors have yet to squarely categorize any protester as a domestic terrorist in court filings.

Trial Setbacks for the DOJ

Experts were surprised by the DOJ's decision to take several misdemeanor cases to trial, given the cost and resources involved. Notably, the department has lost every trial against misdemeanor charges to date, which raises serious concerns over their prosecutorial approach.

The highest-profile case involved Sean Charles Dunn, acquitted after throwing a sandwich at a Border Patrol agent. In another, Katherine Carreño was found not guilty of assaulting an officer during a protest due to doubts raised by social media evidence.

Ongoing Prosecutions

Currently, over 50 cases remain pending, highlighting an ongoing legal battle between the DOJ and alleged perpetrators of violence against federal officers. The Department of Homeland Security has reported numerous assaults on ICE personnel, underlining an environment of heightened tension between law enforcement and protesters.