The Justice Department is facing an unprecedented crisis of confidence in its handling of grand jury proceedings, with federal judges striking down cases and citingThe Justice Department is facing an unprecedented crisis of confidence in its handling of grand jury proceedings, with federal judges striking down cases and citing

Grand juries are revolting against Trump's DOJ — and judges are joining them: NYT

2026/05/26 22:54
9 min read
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The Justice Department is facing an unprecedented crisis of confidence in its handling of grand jury proceedings, with federal judges striking down cases and citing prosecutorial misconduct at levels legal experts say were virtually unthinkable just years ago.

In a striking rebuke this week, Chicago federal Judge April M. Perry dismissed charges against four Democratic activists, citing a litany of grand jury violations that shocked the bench, reported the New York Times.

Grand juries are revolting against Trump's DOJ — and judges are joining them: NYT

"I have never seen the types of prosecutorial behavior before a grand jury that I saw in those transcripts," Perry wrote, describing herself as "incredibly shocked" by the misconduct.

Prosecutors had improperly coached grand jurors outside the jury room, stacked the panel by removing jurors who voted against them, and then attempted to conceal their actions by redacting grand jury transcripts.

The judge told Trump-appointed U.S. Attorney Andrew S. Boutros that "that trust has been broken" between the government and the judiciary.

The Chicago case is not an isolated incident. In Wyoming, a panel of federal judges recently threw out nine indictments, including murder charges, after finding that U.S. Attorney Darin Smith had addressed grand jurors using inflammatory language about "bad guys" and "murderers," then distributed his business cards to jurors during a break.

Legal experts attribute the surge in prosecutorial failures to structural problems within the Trump administration's Justice Department, which has filled senior positions with inexperienced political loyalists while hundreds of career prosecutors have departed. Unlike junior prosecutors, who receive a week-long training course on grand jury procedures, political appointees often lack such instruction.

The consequences are evident in an unusual spike in "no true bills" — cases where grand juries refuse to return indictments. These rejections have clustered in cities like Los Angeles and Washington, where jurors have rejected cases against immigration protest demonstrators and others accused of opposing administration policies.

A Justice Department spokeswoman characterized the misconduct cases as anomalies, asserting they do not represent "DOJ's overall achievements."

However, Barbara L. McQuade, the former U.S. attorney for the Eastern District of Michigan, noted that in her two decades with the department, she had never encountered or even heard of a case where judges examined grand jury transcripts due to prosecutorial misconduct concerns.

“Courts almost never do that, mostly because they trust that the government is acting honestly,” McQuade said. “But if the department demonstrates that it isn’t worthy of that trust, then it invites judges to look under the hood.”

The pattern suggests that prosecutorial pressure to secure convictions against perceived political opponents has compromised the integrity of proceedings that form the foundation of the criminal justice system.

The number of goals Donald Trump set out on Feb. 28 when he launched the unprovoked attack on Iran was held up to the light by MS NOW’s David Rohde on Tuesday morning, who made clear the president's war so far has been a failure.

Well beyond the Strait of Hormuz stalemate that has the Trump administration grasping for an answer, Rohde singled out five claims that the president made when he announced the attack, with only one coming to fruition -- and even that appears doubtful after this weekend's events.

Speaking with “Morning Joe” co-host Jonathan Lemire, Rohde got right to the point as the producers displayed a graphic showing the administration coming up far short of its goals.

“Remind us, please, about the goals that this administration first set out for this conflict and what has actually been achieved,” Lemire prompted his guest.

“Look, I want to give credit to all the service members that are out there in particularly the day after Memorial Day, but this has been a disaster for this administration to have the Secretary of State [Marco Rubio], as we just saw him on his plane, trying to play down, almost trying to placate the Iranians and the American public about how this conflict has gone was extraordinary,” he began.

“I looked up President Trump's speech on February 28th when he announced the war, so achieved: ‘annihilate their navy.‘ Maybe. I mean, I think that's generally true. But this morning, the New York Times has reported that there are hundreds of these speedboats and this — look, I believe the United States Navy, I don't believe the Iranians at all — if they're laying mines with one of these speedboats. That's why it was part of the attack yesterday; that's extraordinary. That shows how emboldened the Iranians are. So that's maybe achieved or partly achieved.”

“And then everything else. 'Destroy their missiles,'” he continued. “The latest assessment is that 70% of Iran's missile capacity remains intact. They have knocked out some of the factories. But again, that is not an achievement. Overall, ensure the region's terrorist proxies no longer destabilize the region — That's not happening at all. That's not even part of these negotiations. And the missiles aren't either.”

“Ensure that Iran does not obtain a nuclear weapon,” he continued. “That's not even part of the current negotiations that will come in this 60-day second round of talks. And then, most tragically, what he said to, as he said to ‘the great people of Iran, take over your government,’ and the regime remains in place.”

“So it's astonishing to me that an American president is in this position,” he concluded. “And they just, you know, this administration … just continues to mismanage this war.”

- YouTube youtu.be

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Despite an agreement to end the U.S. war against Iran appearing within reach on Saturday, the negotiations look poised to fail due to one critical “ability” President Donald Trump lacks, and one that former President Ronald Reagan demonstrated decisively during his first term in office, a political analyst and expert warned this week.

Trump boasted on Saturday that a deal to end the war had “been largely negotiated," but within days, jeopardized his own negotiations by floating a last-minute demand to Middle East nations, as well as by authorizing new strikes targeting Iran on Monday.

And yet, while Trump’s actions have been scrutinized for potentially compromising a path toward a negotiated settlement, Trita Parsi, co-founder of the Quincy Institute for Responsible Statecraft, warned on Monday that the president was not the “greatest threat” to achieving peace.

“In recent days, it was not the Persian Gulf that emerged as the greatest threat to the agreement. It was Israel’s potential refusal to fully adhere to the regional ceasefire and halt its bombardment of Lebanon. That danger remains acute,” Parsi wrote in an analysis published on his Substack Monday.

Iran has demanded that Israel halt its bombardment of southern Lebanon as a key condition in its negotiations with the Trump administration, a demand that Israel has largely ignored.

On Friday, Israel launched what’s referred to as a “double tap” strike in southern Lebanon – following up an initial strike with a second to target emergency responders such as paramedics. More than 3,100 Lebanese have been killed by Israeli air strikes since early March and nearly 10,000 wounded, according to the Lebanese Health Ministry.

To secure a peace deal, Trump could demand Israel’s compliance, much as he unsuccessfully tried to do in April when he explicitly demanded Israel halt its attacks on Lebanon. Israel strikes continued, however, with Parsi noting a similar scenario that occurred in 1982, though one that elicited a very different response by the U.S. president at the time.

“Trump could still choose to put American interests first and compel Israel to comply, much as Ronald Reagan did in 1982 when he pressured Prime Minister Menachem Begin to halt Israel’s devastating assault on Lebanon,” Parsi wrote.

“Reagan reportedly expressed outrage at the bombardment of Beirut, warning Begin that America’s support could not be taken for granted. Within hours, the bombing stopped. Trump, by contrast, has thus far shown little ability to ensure sustained Israeli compliance with his demands.”

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A federal three-judge panel has once again blocked Alabama from using its 2023 congressional map, ordering the state to use a race-blind court-drawn plan for its 2026 elections — and pulling no punches about why.

In a 102-page ruling filed Tuesday, Judges Stanley Marcus, Anna Manasco, and Terry Moorer found that the Alabama Legislature "doubled down on racially discriminatory vote dilution" when it passed its 2023 redistricting plan — and did so deliberately.

"We again cannot understand the 2023 Plan as anything other than intentionally discriminatory," the judges wrote.

The court ordered Secretary of State Wes Allen to administer Alabama's remaining 2026 congressional elections — including August special primaries — using the "Special Master Plan," a race-blind map previously imposed by the court that created a second district where Black voters have an opportunity to elect a candidate of their choice.

The ruling comes after the U.S. Supreme Court vacated the court's earlier permanent injunction and ordered the panel to reconsider in light of Louisiana v. Callais, an April 2026 decision that raised the bar for Voting Rights Act claims. The three-judge panel concluded that Alabama still loses under the new standard — both on constitutional and statutory grounds.

The judges found zero evidence that the legislature acted for partisan reasons and rejected the state's attempt to use Callais as a shield. "Alabama cannot use Callais to legitimize its pre-Callais decision to double down on the discriminatory vote dilution that we and the Supreme Court found," they wrote.

The court also cited the chaos that would result from forcing a map switch now. Alabama's elections director testified it would take a "Herculean effort" to redistrict voters in just seven days — a process that normally takes months.

Senate Minority Leader Bobby Singleton, a Greensboro Democrat and plaintiff in the case, had warned the legislature it was on the wrong side of the law.

"We're definitely going to be filing actions in the state constitution," Singleton said after the legislature passed its special primary election law last month.

The court denied a stay, but Alabama was expected to appeal immediately to the Supreme Court.

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