AILSA CHANG, HOST:
The former head of the Chicago FBI is suing top Trump officials, alleging that he was falsely blamed for a botched federal case. That's the latest fallout from the Trump administration's failed attempt to prosecute a group of ICE protesters in Chicago.
Douglas DePodesta is alleging that he was forced to resign because the U.S. attorney blamed him falsely when the case against the protesters fell apart. Now a judge has ordered the U.S. attorney to testify in her courtroom. Reporter Jon Seidel with the Chicago Sun Times and Chicago Public Media has been following this case and joins us now. Welcome.
JON SEIDEL, BYLINE: Hi.
CHANG: Hi. OK, so take us back to the start of all this. What exactly happened in the case against the protesters?
SEIDEL: Yeah, sure. This is one of those cases that stem from the big deportation campaign that hit Chicago last year. It was known as Operation Midway Blitz. And basically, during a protest, a federal agent's SUV wound up being surrounded by a large crowd of people, some of whom were pushing the SUV and allegedly causing damage to it.
But from that crowd, only six people were charged. And most of them were involved in local Democratic politics, including a progressive candidate for Congress who'd caught the attention of the White House. And that scenario all raised questions about selective prosecution.
But the case fell apart last May for a completely different reason. Judge April Perry discovered alleged misconduct by federal prosecutors when they were trying to secure the indictment from a grand jury. For example, a prosecutor is accused of speaking to grand jurors outside the grand jury room.
CHANG: But isn't it unusual for a former top FBI official - in this case, DePodesta - to sue the Department of Justice? Like, has this ever happened before?
SEIDEL: I mean, I certainly can't recall a lawsuit like this in Chicago, and, you know, he's also suing the FBI director, Kash Patel, and the attorney general, Todd Blanche. And, you know, federal law enforcement agencies - they always tout the significance of strong partnerships when it comes to fighting crime. And the former FBI boss, Douglas DePodesta, had just such a partnership in Chicago with U.S. attorney Andrew Boutros here only four or five months ago. So it's really extraordinary to see them now becoming legal adversaries.
CHANG: Yeah.
SEIDEL: It's - also a note, there's this family tie at the center of the lawsuit, and this is where it kind of gets complicated. DePodesta's sister-in-law is a former federal prosecutor in Chicago. Today, she's actually a prominent defense attorney.
CHANG: Oh.
SEIDEL: And she represents one of the six protesters. And Boutros allegedly told his superiors that the pair had conspired to tank the case. But DePodesta insists he's never had improper discussions about a case with his sister-in-law. Also this lawsuit is also leading to new revelations about what went on behind the scenes in the protester case, and it's undermining claims that prosecutors have made to Judge Perry. And so more could come out if the lawsuit is allowed to move forward.
CHANG: Wait, is the lawsuit the reason why Judge Perry wants the U.S. attorney to testify?
SEIDEL: Not necessarily. Judge Perry has separately been trying to decide what to do about these allegations of misconduct against the prosecutors. And Monday, she made quite clear she doesn't believe everything they've told her in court.
She's also clearly bothered by the Justice Department's third highest ranking official, Stanley Woodward. He inserted himself into the case last week just before a deadline for the DOJ to turn over documents to the judge, and she, in turn, accused him of trying to cause a delay. She also pointed out that usually attorneys appreciate it when they're given a chance to prove they haven't lied in court.
CHANG: OK, so that's why the judge wants to see the U.S. attorney testify.
SEIDEL: Yeah. She's clearly skeptical of the claims made by Boutros and his team throughout these proceedings. She said her sole focus is on lack of candor and other misconduct that might have occurred in her courtroom.
CHANG: That is Jon Seidel from the Chicago Sun Times and Chicago Public Media. Thank you, Jon.
SEIDEL: You're welcome. Transcript provided by NPR, Copyright NPR.
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