Judge denies ask for Midway Blitz special prosecutor
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Cook County State's Attorney Eileen O'Neill Burke Thursday comments on the a judge's ruling to not replace her with a special prosecutor for Operation Midway Blitz cases. Photo: Monica Eng/Axios
A Cook County judge on Thursday rejected a request for a special prosecutor to tackle complaints against federal agents tied to Operation Midway Blitz.
Why it matters: Circuit Court Judge Erica Reddick's ruling is a blow to 415 activists, clergy, media, and elected officials who petitioned for the change, saying Cook County State's Attorney Eileen O'Neill Burke "abdicated her statutory duty" by, so far, not prosecuting any agents for misconduct in the immigration operation.
Catch up quick: Last fall federal immigration agents flooded the city, leading to multiple allegations of illegal use of force and civil rights violations but so far, few investigations.
Yes, but: O'Neill Burke says — and Reddick agrees — that the state's attorney can't legally initiate an investigation and must wait for law enforcement to refer a case to her office.
- Reddick further said the petitioners failed to show that O'Neill Burke has a conflict of interest or that her office won't prosecute any future cases.
What they're saying: Today's ruling affirms "that the state's attorney's office has not abrogated our duty and the facts that gave rise to this petition are not based on the law," O'Neill Burke said triumphantly outside the courtroom.
- She did, however, add that anyone who "believes in constitutional government was repulsed by ICE behavior during their Operation Midway Blitz" and that she remains open to considering all cases referred to her.
The other side: "The path of accountability does not end here," attorney for the petitioners, Locke Bowman, said outside the courtroom. He says he'll be helping Chicagoans bring complaints to police for investigation that can then be referred to O'Neill-Burke.
Between the lines: The ruling portends a longer road to prosecutions, which frustrated former mayor and founder of the ICE Accountability Project Lori Lightfoot. She said in a Thursday statement:
- "In Minnesota, Hennepin County authorities moved from incident to criminal charges against federal agents within months. Here in Cook County, eight months later, the public is still waiting to see who is leading the broader accountability effort."
The intrigue: Axios has repeatedly asked Chicago police if and how they are investigating complaints filed against federal agents involved in the operation.
- We've received no response.