Four remaining members of the so-called “Broadview Six” filed a motion Monday pushing a federal judge to release grand jury transcripts, arguing that U.S. prosecutors have kept a felony conspiracy charge “alive and pending” after announcing that it would be dismissed and stymieing disclosure of the transcripts.
The unredacted transcripts were set to be handed over last week to U.S. District Judge April Perry. Instead, prosecutors said they would drop the conspiracy charge at the center of the protest case, one of the most high-profile prosecutions stemming from the Operation Midway Blitz deportation campaign last year.
Perry had wanted prosecutors to bring copies of grand jury transcripts to last Wednesday’s hearing. But once the feds revealed their plans to drop the conspiracy charge — and move on from the grand jury’s indictment altogether — the judge decided she no longer needed to see the transcripts.
On Monday, defense attorneys for the four defendants said federal prosecutors are now keeping the conspiracy charge pending until misdemeanor charges of forcibly impeding a federal agent are settled at trial in less than a month. They filed a second motion Monday to dismiss the conspiracy charge.
Charged are former congressional candidate Kat Abughazaleh, Oak Park village trustee Brian Straw, 45th Ward Democratic committeeperson Michael Rabbitt and Andre Martin, a member of Abughazaleh’s campaign staff.
Defense attorneys laid out three possibilities for what the unredacted transcripts could include: The assistant U.S. attorney either “mis-instructed” the grand jury on the law; failed to instruct the grand jury on the law at all; or there were other interactions between the assistant U.S. attorney and the grand jury that are “otherwise improper or prejudicial.”
The attorneys framed the prosecution as potentially politically motivated, tying it to the recent cases against former FBI Director James Comey and the Southern Poverty Law Center. They raised the possibility of the feds dropping the conspiracy charges in order to avoid disclosing the unredacted transcripts.
“This remarkable about-face, abandoning a high-profile indictment rather than submit to scrutiny its conduct before the grand jury comes at a time of mounting national distrust in the Department of Justice’s use of the grand jury process,” the motion states. “These actions only underscore the growing concern that the grand jury is being wielded not as an instrument of justice, but as a tool of unchecked prosecutorial power meant to persecute any perceived enemies of the current White House.”
The case stems from a protest last September at the U.S. Immigration and Customs Enforcement facility in west suburban Broadview. Abughazaleh and others were seen on video pushing against a black SUV driven by a federal agent toward the facility.
Catherine Sharp, a former Cook County Board candidate, and musician Joselyn Walsh already had their charges dropped in March.
Attorneys argued in the motion that the high-profile case had ripple effects beyond those charged, and it “impacted elections and potentially suppressed public dissent.”
The U.S. attorney’s office for the Northern District of Illinois didn’t immediately respond to requests for comment.
The motion to disclose the transcripts isn’t a complete surprise. Defense attorneys immediately questioned the grand jury proceedings after the conspiracy charges were dropped and vowed not to back down in court.
Straw’s attorney, Christopher Parente, said, “The timing of the government’s sudden decision to drop the felony indictment for the remaining Broadview 6 co-defendants — in lieu of presenting the requested unredacted grand jury transcripts to the Court — raises red flags about the government’s presentation of the law to the grand jury.”
“Transparency around this presentation is essential, as the question of the government’s use of grand juries has risen in national prominence, is material to this case and of consequence to the fair functioning of our justice system,” Parente said in a statement Monday.







