Cook County judge considers petition for special prosecutor for 'Midway Blitz' cases

CHICAGO (WLS) -- Hundreds of petitioners request a special prosecutor consider whether criminal charges should be brought against federal agents after "Operation Midway Blitz."

On Friday, a Cook County judge heard arguments for and against.

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Some of the petitioners for a special prosecutor commented after the hearing.

"Too many of our communities have been living in fear, while those responsible for causing the harm have not faced any consequences," said Yaired Orduño, with PASO West Suburban Action Project.

"We are here today telling the state's attorney to step up or step aside and allow a special prosecutor to do the job of investigating these crimes," said Rey Wences, with the Illinois Coalition for Immigrant and Refugee Rights.

A petition for a special prosecutor was filed on behalf of more than 400 organizations, politicians, journalists and residents.

Their petition cites incidents in which people were shot with bullets and pepper balls and families suffered the effects of tear gas.

"Our communities demand justice. Our communities deserve justice; crimes were committed by ICE agents. State's Attorney Eileen O'Neill Burke has failed to act. For this reason we need an independent special prosecutor," 8th District Cook County Board Commissioner Jessica Vasquez said.

Petitioners argued crimes were committed and O'Neill Burke, who was not present Friday, has neither investigated nor charged anyone.

The chief assistant state's attorney for policy, Yvette Loizon, argued their office is not the primary agency to investigate. The state's attorney's office opposes the appointment of a special prosecutor, arguing they could support a police investigation. But the state's attorney's office would not initiate an investigation of federal officers.

Loizon told the judge Friday, "we do not scour the internet looking for crimes."

She later argued, "law enforcement is better equipped to investigate."

Attorneys for the petitioners argue the state's attorney has an obligation to investigate if police agencies are not.

"This is a moment of decision; this is a fulcrum. This is a time for serious people to step and do the right thing," said Locke Bowman, an attorney for the petitioners.

"Our democracy depends on accountability for public officials; we have seen in the United States and all over world the consequences when we abandon accountability," said Steve Art, another attorney for the petitioners.

Judge Erica Reddick says she will consider the two hours of arguments and will issue a ruling on May 11.

The Cook County State's Attorney's Office said in a statement, "As we argued in court today, the State's Attorney has repeatedly condemned the tactics used by the Trump administration and seen in Operation Midway Blitz. The CCSAO has taken proactive steps to ensure accountability, such as launching a first-of-its-kind protocol to support law enforcement investigations into federal agents and filing an amicus brief to prevent the deployment of the National Guard to Chicago. The petition seeking a special prosecutor is frivolous, contains baseless allegations and gross misrepresentations of the law. We are unable to comment further due to the pending litigation and will await the judge's decision on May 11."