Coalition calls for special prosecutor to investigate feds' actions during 'Midway Blitz'

CHICAGO (WLS) -- A Chicago law firm held a news conference Thursday, calling for a special prosecutor to investigate federal agents' use of force while conducting immigration enforcement last fall.

Chicago law firm Loevy & Loevy is leading the charge and spoke in Federal Plaza. They're part of a coalition of more than 200 elected officials, community organizations, attorneys and religious leaders.

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There's an effort to get a special prosecutor appointed to investigate federal agents' actions during "Operation Midway Blitz," but there's some high-level pushback.

The firm claims U.S. Immigration and Customs Enforcement agents committed assault and battery against peaceful civilians, members of the clergy and reporters; illegally kidnapped and detained an elected official and others; tear-gassed entire neighborhoods; and shot multiple people, killing at least one.

They said "An independent, special prosecutor is essential to ensure that there is accountability in Cook County."

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In response to the group's demands, Cook County State's Attorney Eileen O'Neill Burke said the petition for a special prosecutor would only make it more difficult to prosecute and convict federal agents accused of breaking the law.

O'Neill Burke said in part, "The stakes are too high for us to get this wrong, and I will strenuously oppose this petition."

Last month, her office outlined protocol for charging federal agents that would apply to cases involving a death, shooting, act of violence or use of force incident, related to federal immigration enforcement.

"The elected state's attorney has abdicated her duty to the people of Cook County by refusing to investigate those crimes by refusing to bring prosecutions," said Steve Art, with Loevy & Loevy. "Elected prosecutors around the country in exactly the same situation have said as the violence is ongoing in their jurisdictions, we are going prosecute the crimes."

O'Neill Burke's office says it faces hurdles with federal law that gives agents immunity and allows the federal government to not share evidence.

O'Neill Burke says local law enforcement has not presented her with enough evidence.

"I understand that people want somebody to do something. I get that, but us violating the law doesn't get us where we need to go," she said.

The call for appointing a special prosecutor to go after federal agents who may have committed crimes is an effort for accountability but it's practically unheard of.

Any potential charges against agents during the Trump administration are expected to be fraught with legal challenges.

The coalition on Thursday morning submitted a petition to the chief judge of the Criminal Division of the Circuit Court of Cook County.

The petition was signed by nearly 250 people and organizations.

Videotape documented several instances of what some lawyers and immigration groups say are proof of misconduct by federal immigration agents.

"We have witnessed horrible acts against innocent people within our communities, city and state. But what is most troubling is that even after everything that happened, no one has been held accountable," Enlace Chicago Executive Director Marcela Rodriguez said.

An abdication of duties or conflict of interest by the state's attorney must be met for a judge to name a special prosecutor.

Civic Federation President and Loyola Law School professor Joe Ferguson doubts either qualifies.

"There is nothing in their filings that say the state's attorney's office has been presented with evidence that actually constitutes an actionable case for which it declined to prosecute," Ferguson said.

A Cook County Circuit Court judge will hear the petition for a special prosecutor on March 24.