DOJ Loses Nearly Every Protester Assault Trial

DOJ Loses Nearly Every Protester Assault Trial

A courtroom with an empty defendant's chair at the defense table.
The Department of Justice lost nearly every assault trial against protesters in four cities, an AP analysis found.Illustration: The Frank

The News

The Justice Department failed to win felony convictions against most of the 102 protesters arrested in four major cities last year for assaulting federal authorities, an Associated Press analysis found — a record far below the norm in federal assault prosecutions.

All dozen cases that reached trial, mostly in Los Angeles, ended in acquittal, mistrial or dismissal.

The arrests came in Los Angeles, Chicago, Portland, Oregon, and Washington, D.C. — cities with significant protests where President Donald Trump sought to or did deploy the National Guard.

The Numbers

AP tracked the outcome of 167 arrests. Of the 102 felony assault cases — a charge that can carry up to 20 years in prison — 41% were dismissed and 34% were pleaded down to misdemeanors. Ten people pleaded guilty to felony assault and nine got prison time.

Seven people arrested on other charges, including arson and obstructing law enforcement, were sentenced to prison. A handful of defendants have diversion agreements that end in dismissal if they stay out of trouble.

By comparison, 82% of defendants charged with felony or misdemeanor assault were convicted at trial or by plea in 2024, according to data from the Administrative Office of the U.S. Courts. AP found less than half of the charged protesters were convicted of either.

Timeline

Summer and fall 2025

Protests in Los Angeles, Chicago, Portland and Washington, D.C., produce the arrests at the center of the analysis. Then-Attorney General Pam Bondi says those who interfere with federal law enforcement will face "severe consequences."

September 2025

Michael Rabbitt and five co-defendants are accused of felony conspiracy to impede a government vehicle from reaching an ICE facility near Chicago.

October 2025

Oriana Korol is playing clarinet in a marching band outside Portland's ICE building when a scuffle with officers breaks out. Officers pepper spray her and push her to the ground, where she strikes one with her foot, according to court documents.

December 2025

An initial assessment shows early struggles to prosecute protesters on the charges for which they were arrested. AP's new analysis finds the record has not meaningfully improved since.

Sept. 1, 2026

Korol, whose felony trial ended in a mistrial, is sentenced to time served and one year of supervised release after pleading guilty to a reduced misdemeanor assault charge.

Reactions

"Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion," said Mary Fan, a former federal prosecutor and law professor at the University of Washington. The government's failure to win a single felony assault conviction at trial, she said, calls into question "whether or not these charges should have ever been brought in the first place."

The Justice Department said in a statement that prosecutors are right to prioritize cases against people accused of assaulting federal officers and that "each case is based on the facts." It added: "If there are mitigating factors identified in a case, then prosecutors must also act appropriately to inform the court, and in some cases downgrade or drop charges."

The U.S. Attorney's office overseeing Los Angeles said it brought the prosecutions in response to a "wave of violence against law enforcement officers who were doing their jobs," and that it voluntarily dismissed charges against some defendants after further investigation. The U.S. Attorney's offices in the Northern District of Illinois, the District of Columbia and Oregon did not respond to requests for comment.

Jonathan Caravello, a lecturer at California State University Channel Islands who was acquitted after a three-day trial, said of the charges: "They're trying to get a chilling effect out of these charges." Rabbitt, whose case was dismissed days before trial, said, "I'm proud that we won this case, not just for us, but for protesters across the country."

Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles, said pleading felony assault down to a misdemeanor is rare and can signal overcharging. "I think when prosecutors bring charges ethically, they should be prepared to prove them beyond a reasonable doubt," she said.

What's Next

The last three felony assault cases from the analysis, in Los Angeles and Portland, go to trial this fall.

Los Angeles prosecutors have arrested three additional people for felony assault at immigration-related protests this year; one pleaded guilty to a felony and two to misdemeanors.

More

The losses come as the Justice Department faces broader setbacks in politically charged cases, with grand juries repeatedly refusing to return indictments and trial juries granting acquittals.

Caravello was accused of throwing a tear gas canister deployed by immigration agents back at them during a protest of a raid at a Southern California cannabis farm. He said he was trying to get the canister away from the crowd, and videos showed he tossed it high above officers' heads, landing far behind them. The jury acquitted him after a quick deliberation; he had turned down a misdemeanor plea deal.

In the Chicago case, after the government dismissed charges against two defendants, defense attorneys sought transcripts of the grand jury proceedings. Prosecutors dropped the conspiracy charge and proceeded on misdemeanor counts of impeding a federal officer. The judge, after reviewing the unredacted transcripts, admonished prosecutors for improper behavior before the grand jury and the charges were dismissed days before trial. In Chicago overall, all but one of 19 felony assault cases were dismissed.

The department has won notable cases elsewhere. A man accused of throwing a Molotov cocktail at a hotel outside Los Angeles where federal authorities were staying was sentenced to five years in prison, and two others got more than three years for pouring lighter fluid on a burning California Highway Patrol vehicle. Federal judges sentenced eight people to decades in prison over a demonstration outside a Texas detention center last July where a police officer was shot in the neck, and three people were convicted at trial over a protest outside a Spokane, Washington, facility last June. The Texas and Spokane cases were outside the four cities AP studied.

Poll

Did the Justice Department overcharge the protesters?

Yes — the trial record proves it
0.0%
No — the charges fit the conduct
0.0%
Depends on the case
0.0%
Not sure
0.0%

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