WEBVTT NOTE duration:"00:05:08.1420000" NOTE language:en-us NOTE Confidence: 0.83942133 00:00:04.040 --> 00:00:05.592 For weeks last summer, NOTE Confidence: 0.83942133 00:00:05.592 --> 00:00:07.144 protesters calling for racial NOTE Confidence: 0.83942133 00:00:07.144 --> 00:00:08.759 justice clashed with federal NOTE Confidence: 0.83942133 00:00:08.759 --> 00:00:10.319 agents in downtown Portland. NOTE Confidence: 0.83942133 00:00:10.320 --> 00:00:12.876 Federal prosecutors said the US Courthouse NOTE Confidence: 0.83942133 00:00:12.876 --> 00:00:15.069 sustained $50,000 in damage from NOTE Confidence: 0.83942133 00:00:15.069 --> 00:00:17.199 nightly graffiti fires and vandalism. NOTE Confidence: 0.83942133 00:00:17.200 --> 00:00:19.350 These aren't late night demonstrations. NOTE Confidence: 0.83942133 00:00:19.350 --> 00:00:21.070 This is criminal activity. NOTE Confidence: 0.83942133 00:00:21.070 --> 00:00:21.930 Billy Williams, NOTE Confidence: 0.8327634 00:00:21.930 --> 00:00:24.080 then US attorney for Oregon, NOTE Confidence: 0.8327634 00:00:24.080 --> 00:00:25.800 vowed there would be NOTE Confidence: 0.8327634 00:00:25.800 --> 00:00:27.950 consequences in a press release. NOTE Confidence: 0.8327634 00:00:27.950 --> 00:00:30.100 He warned, make no mistake. NOTE Confidence: 0.8327634 00:00:30.100 --> 00:00:32.680 Those who commit violence in the NOTE Confidence: 0.8327634 00:00:32.680 --> 00:00:35.260 name of protest will be investigated, NOTE Confidence: 0.8327634 00:00:35.260 --> 00:00:36.120 arrested, prosecuted, NOTE Confidence: 0.8327634 00:00:36.120 --> 00:00:37.840 and face prison time. NOTE Confidence: 0.8342645 00:00:39.070 --> 00:00:40.514 Which got me wondering, NOTE Confidence: 0.8342645 00:00:40.514 --> 00:00:42.319 after all that tough talk, NOTE Confidence: 0.8342645 00:00:42.320 --> 00:00:44.380 whatever happened. NOTE Confidence: 0.8342645 00:00:44.380 --> 00:00:46.220 For months I've been tracking NOTE Confidence: 0.8342645 00:00:46.220 --> 00:00:48.325 the 90 protest cases filed by NOTE Confidence: 0.8342645 00:00:48.325 --> 00:00:49.722 the US Department of Justice NOTE Confidence: 0.8342645 00:00:49.722 --> 00:00:51.934 and what I found is federal NOTE Confidence: 0.8342645 00:00:51.934 --> 00:00:53.478 prosecutors have quietly dismissed NOTE Confidence: 0.8342645 00:00:53.478 --> 00:00:55.540 dozens of protest cases. So NOTE Confidence: 0.83343494 00:00:55.540 --> 00:00:57.718 far, more than 30 federal cases NOTE Confidence: 0.83343494 00:00:57.718 --> 00:00:59.539 have been dismissed, including both NOTE Confidence: 0.83343494 00:00:59.540 --> 00:01:01.264 misdemeanor and felony charges, NOTE Confidence: 0.83343494 00:01:01.264 --> 00:01:03.419 like assaulting a federal officer. NOTE Confidence: 0.83343494 00:01:03.420 --> 00:01:05.172 Of those cases, more than half NOTE Confidence: 0.83343494 00:01:05.172 --> 00:01:06.340 were dismissed with prejudice, NOTE Confidence: 0.83343494 00:01:06.340 --> 00:01:07.524 which is extremely rare. NOTE Confidence: 0.83343494 00:01:07.524 --> 00:01:10.132 It means the case is over and done with NOTE Confidence: 0.83343494 00:01:10.132 --> 00:01:12.178 and can't be brought back to court. NOTE Confidence: 0.8530411 00:01:14.770 --> 00:01:15.538 Is that the NOTE Confidence: 0.8530411 00:01:15.540 --> 00:01:17.070 norm for the US Department of NOTE Confidence: 0.8530411 00:01:17.070 --> 00:01:18.980 Justice? Well, I don't know NOTE Confidence: 0.8530411 00:01:18.980 --> 00:01:21.350 what how to define the norm. NOTE Confidence: 0.8530411 00:01:21.350 --> 00:01:24.052 The reality is each case is handled NOTE Confidence: 0.8530411 00:01:24.052 --> 00:01:25.598 separately, Williams explained. If NOTE Confidence: 0.8650668 00:01:25.600 --> 00:01:27.525 prosecutors don't believe they can NOTE Confidence: 0.8650668 00:01:27.525 --> 00:01:29.838 prove a case beyond a reasonable NOTE Confidence: 0.8650668 00:01:29.838 --> 00:01:31.768 doubt, it will be dismissed. NOTE Confidence: 0.8650668 00:01:31.770 --> 00:01:33.318 Simple as that. Each NOTE Confidence: 0.8650668 00:01:33.320 --> 00:01:35.750 case was analyzed for the NOTE Confidence: 0.8650668 00:01:35.750 --> 00:01:39.180 evidence that we had at the time. NOTE Confidence: 0.8650668 00:01:39.180 --> 00:01:41.622 Ann and careful decisions were being NOTE Confidence: 0.8650668 00:01:41.622 --> 00:01:44.547 made on whether or not someone should NOTE Confidence: 0.8650668 00:01:44.547 --> 00:01:46.989 be charged based on the evidence NOTE Confidence: 0.8650668 00:01:46.989 --> 00:01:49.835 and then how it proceeds from there. NOTE Confidence: 0.8650668 00:01:49.840 --> 00:01:51.755 If there's either new evidence NOTE Confidence: 0.8650668 00:01:51.755 --> 00:01:54.190 that has developed or or an NOTE Confidence: 0.8650668 00:01:54.190 --> 00:01:56.400 appropriate resolution of the case, NOTE Confidence: 0.8650668 00:01:56.400 --> 00:01:59.196 that's why I say everything is NOTE Confidence: 0.8650668 00:01:59.196 --> 00:02:01.939 case specific when you go about. NOTE Confidence: 0.8650668 00:02:01.940 --> 00:02:05.985 Um? This case is being processed NOTE Confidence: 0.8650668 00:02:05.985 --> 00:02:06.966 through the system. NOTE Confidence: 0.8240833 00:02:08.530 --> 00:02:10.960 Federal prosecutors rarely handle pro test NOTE Confidence: 0.8240833 00:02:10.960 --> 00:02:13.410 cases, but when will Noma County NOTE Confidence: 0.8240833 00:02:13.410 --> 00:02:15.070 District Attorney Mike Schmidt NOTE Confidence: 0.8240833 00:02:15.070 --> 00:02:18.008 passed on most cases saying he was NOTE Confidence: 0.8240833 00:02:18.008 --> 00:02:20.018 reserving resources for the most NOTE Confidence: 0.8240833 00:02:20.018 --> 00:02:22.346 serious crimes the feds stepped in, NOTE Confidence: 0.8240833 00:02:22.346 --> 00:02:24.576 then Attorney General William Barr NOTE Confidence: 0.8240833 00:02:24.576 --> 00:02:26.360 reportedly instructed federal prosecutors NOTE Confidence: 0.8240833 00:02:26.419 --> 00:02:28.203 to aggressively pursue protesters NOTE Confidence: 0.8240833 00:02:28.203 --> 00:02:29.987 deemed violent or destructive. NOTE Confidence: 0.8240833 00:02:29.990 --> 00:02:31.001 By summer's end, NOTE Confidence: 0.8240833 00:02:31.001 --> 00:02:33.023 scores of people would be arrested NOTE Confidence: 0.8240833 00:02:33.023 --> 00:02:35.243 on various federal charges by NOTE Confidence: 0.8240833 00:02:35.243 --> 00:02:37.063 federal agents guarding the NOTE Confidence: 0.8240833 00:02:37.063 --> 00:02:38.789 federal courthouse in Portland. NOTE Confidence: 0.8240833 00:02:38.790 --> 00:02:39.524 Their names, NOTE Confidence: 0.8240833 00:02:39.524 --> 00:02:41.726 published in press releases and photos NOTE Confidence: 0.8240833 00:02:41.726 --> 00:02:43.989 of their belongings like helmets, NOTE Confidence: 0.8240833 00:02:43.990 --> 00:02:45.590 gas masks and goggles, NOTE Confidence: 0.82937235 00:02:45.590 --> 00:02:47.010 included in court documents. NOTE Confidence: 0.82937235 00:02:47.010 --> 00:02:49.679 I've never made a decision in Mycareer NOTE Confidence: 0.82937235 00:02:49.679 --> 00:02:51.587 based upon political pressure. NOTE Confidence: 0.82937235 00:02:51.590 --> 00:02:53.210 Institutional pressure. NOTE Confidence: 0.82937235 00:02:53.210 --> 00:02:57.260 Um, that's that's just not. NOTE Confidence: 0.82937235 00:02:57.260 --> 00:02:59.190 The way that this office NOTE Confidence: 0.82937235 00:02:59.190 --> 00:03:00.730 has to operate, most NOTE Confidence: 0.8429928 00:03:00.730 --> 00:03:02.274 defendants from this summer's NOTE Confidence: 0.8429928 00:03:02.274 --> 00:03:03.818 protests who are facing NOTE Confidence: 0.8429928 00:03:03.820 --> 00:03:06.130 a mix of misdemeanor and felony NOTE Confidence: 0.8429928 00:03:06.130 --> 00:03:07.678 charges, are still awaiting NOTE Confidence: 0.8429928 00:03:07.680 --> 00:03:10.768 trial after being delayed, in part because of NOTE Confidence: 0.8429928 00:03:10.770 --> 00:03:11.540 the pandemic. NOTE Confidence: 0.8429928 00:03:11.540 --> 00:03:13.465 Afew defendants cut plea deals, NOTE Confidence: 0.8429928 00:03:13.470 --> 00:03:15.900 resulting in probation and a relatively NOTE Confidence: 0.8429928 00:03:15.900 --> 00:03:18.099 short prison sentence of 30 days. NOTE Confidence: 0.8429928 00:03:18.100 --> 00:03:19.852 Privately, several people closely NOTE Confidence: 0.8429928 00:03:19.852 --> 00:03:22.480 involved with the protest cases say NOTE Confidence: 0.8429928 00:03:22.546 --> 00:03:25.122 they expect many more federal charges to NOTE Confidence: 0.8429928 00:03:25.122 --> 00:03:27.689 be dismissed soon as a criminal justice. NOTE Confidence: 0.8429928 00:03:27.690 --> 00:03:30.090 Scholar, I am not surprised by NOTE Confidence: 0.8429928 00:03:30.090 --> 00:03:31.690 Laura Appleman law professor, NOTE Confidence: 0.8429928 00:03:31.690 --> 00:03:32.890 Willamette University police. NOTE Confidence: 0.792997 00:03:32.890 --> 00:03:35.524 This isn't about politics, it's about NOTE Confidence: 0.792997 00:03:35.524 --> 00:03:38.360 resources in an already busy caseload. NOTE Confidence: 0.792997 00:03:38.360 --> 00:03:40.706 Federal prosecutors must decide if it's NOTE Confidence: 0.792997 00:03:40.706 --> 00:03:43.391 worth their limited time and energy to NOTE Confidence: 0.792997 00:03:43.391 --> 00:03:45.509 prosecute each and every protest case. NOTE Confidence: 0.792997 00:03:45.510 --> 00:03:47.250 Most of which are misdemeanors, sort NOTE Confidence: 0.86170304 00:03:47.250 --> 00:03:48.680 of. This. This balancing of NOTE Confidence: 0.86170304 00:03:48.680 --> 00:03:50.729 stuff we have to do now work. NOTE Confidence: 0.86170304 00:03:50.730 --> 00:03:52.470 We have to now plus work. NOTE Confidence: 0.86170304 00:03:52.470 --> 00:03:55.080 We know how to do letter plus who know? NOTE Confidence: 0.86170304 00:03:55.080 --> 00:03:57.429 I mean, you know this is the this is NOTE Confidence: 0.86170304 00:03:57.429 --> 00:03:59.715 the pandemic year of fire and ice. NOTE Confidence: 0.86170304 00:03:59.720 --> 00:04:01.460 I mean I don't know Dragons. NOTE Confidence: 0.86170304 00:04:01.460 --> 00:04:01.966 Maybe next. NOTE Confidence: 0.86170304 00:04:01.966 --> 00:04:03.990 I mean, I think any you know US NOTE Confidence: 0.86170304 00:04:04.049 --> 00:04:05.705 attorney must be like I gotta NOTE Confidence: 0.86170304 00:04:05.705 --> 00:04:07.549 hold a little bit back because NOTE Confidence: 0.86170304 00:04:07.549 --> 00:04:09.577 who knows what's coming out 2021. NOTE Confidence: 0.8425129 00:04:11.090 --> 00:04:13.274 Most vigorous legal fight has involved NOTE Confidence: 0.8425129 00:04:13.274 --> 00:04:15.248 nearly a dozen Portland protesters NOTE Confidence: 0.8425129 00:04:15.248 --> 00:04:17.080 charged with civil disorder. NOTE Confidence: 0.8425129 00:04:17.080 --> 00:04:19.426 Defense attorneys argued the obscure law NOTE Confidence: 0.8425129 00:04:19.426 --> 00:04:22.253 enacted during the 1960s civil Rights era NOTE Confidence: 0.8425129 00:04:22.253 --> 00:04:24.659 is unconstitutional with the new president, NOTE Confidence: 0.8425129 00:04:24.660 --> 00:04:27.446 and soon new US Attorney in Oregon, NOTE Confidence: 0.8425129 00:04:27.450 --> 00:04:30.236 Billy Williams stepped down on February 28th. NOTE Confidence: 0.8425129 00:04:30.240 --> 00:04:32.484 It's not clear how these cases NOTE Confidence: 0.8425129 00:04:32.484 --> 00:04:34.630 will be handled going forward, NOTE Confidence: 0.8425129 00:04:34.630 --> 00:04:36.630 but like to protest themselves. NOTE Confidence: 0.8425129 00:04:36.630 --> 00:04:39.018 There will undoubtedly be opposing views. NOTE Confidence: 0.8425129 00:04:39.020 --> 00:04:41.696 Some will argue by dismissing cases. NOTE Confidence: 0.8425129 00:04:41.700 --> 00:04:42.900 There's no accountability, NOTE Confidence: 0.8425129 00:04:42.900 --> 00:04:45.700 while others claim the feds should have NOTE Confidence: 0.8425129 00:04:45.765 --> 00:04:47.928 stayed out of this and never filed NOTE Confidence: 0.8425129 00:04:47.928 --> 00:04:49.888 protest cases in the first place.