In a move that raises eyebrows, defense attorneys have created a new tool to track how the Justice Department has been used against political critics during Trump’s administration. The National Association of Criminal Defense Lawyers (NACDL) launched an interactive tool that lets users explore cases where the government’s prosecution attempts fell flat.
This new tool is intended to map out various controversial prosecutions, particularly those that didn’t make it past a grand jury. For instance, it highlights a case from 2025 where a man, dubbed the “sandwich thrower,” was not indicted after tossing a sandwich at a federal agent. Such instances illustrate a broader trend where juries are pushing back against what many see as political misuse of the legal system.
Steven Salky, a D.C. attorney involved in the project, says this tool aims to shine a light on unusual legal activities. He believes it offers a way for lawyers to support their clients amid these challenges. He emphasizes that the Bill of Rights is meant to protect individuals from governmental overreach.
NACDL President Andrew Birrell also provided insight, stating that recent courtroom decisions across the nation show that jurors are not swayed by flimsy legal arguments used for political gain. He describes this as a sign that power ultimately resides with the people, not prosecutors.
Interestingly, the tool also tracks allegations of “forum shopping,” where prosecutors convened grand juries in various locales to try to secure indictments. For example, in their effort against New York Attorney General Letitia James, the Justice Department sought grand juries in three cities in Virginia. This highlights a concerning trend where legal strategies seem to be tailored more to political goals than justice.
The database, which continues to grow, currently lists 11 cases where the Justice Department failed to obtain an indictment. Many of these have been dismissed, and at least one case is under appeal.
Former Justice Department prosecutor Brendan Ballou notes that the existence of this tracker signals a serious issue in the department’s credibility. He suggests that the information could be crucial for individuals who feel they are unfairly targeted.
Moreover, attorney Mark Zaid argues that the pushback from juries across the U.S. against perceived political weaponization is a clear indicator that Americans value the rule of law over vindictive actions from leaders.
In a time of increasing scrutiny, this tracking tool offers a unique glimpse into how the legal system is being navigated amidst political turbulence. It serves not just defense attorneys but also anyone interested in ensuring justice remains impartial.
For further information, you can explore the NACDL’s tracker here.
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