A Cook County Judge sided with State’s Attorney Eileen O’Neill Burke and rejected the request for a special prosecutor to investigate the alleged crimes committed by federal immigration agents related to Operation Midway Blitz.
Judge Erica Reddick ruled that the petitioners, led by the public interest law firm Loevy and Loevy – alongside a group of citizens, clergy, and elected officials – did not present sufficient evidence that O’Neill Burke was abdicating her responsibilities and should thus be sidelined.
Reddick cited state law that outlines the duties of the Cook County state’s attorney, and concluded that the law makes clear the office cannot initiate a criminal investigation without a local law enforcement agency initiating one first, unless it can be proven that there is neglect or malfeasance on the part of law enforcement, or unless law enforcement reaches out and requests help.
“Since the state’s attorney does not have authority to initiate and conduct a wide scale investigation, it cannot be shown that the state’s attorney has at this point abandoned her duty,” Reddick ruled.
Petitioners also claimed that a special prosecutor was needed because O’Neill Burke had a conflict of interest, as she acknowledges cooperation with federal government agencies on certain investigations. Reddick found that the petitioners claims were “not sufficient to establish an actual conflict of interest.” She said they were basing their argument mostly on speculation.
“They raise questions, but those comments raised in the face of other actions taken by the state’s attorney refute the claim that the state’s attorney has an actual conflict,” Reddick ruled.
The ruling is a victory for O’Neill Burke, who has long claimed her office is doing all it can, and that while she is “horrified” by the “thuggish” behavior of some federal agents, the Cook County State’s Attorney has established a clear protocol for seeking justice – which involves a local law enforcement agency starting an investigation and then referring it to a county’s state’s attorney.
Reddick ruled evidence showed the state’s established protocol has been followed, citing a recently announced Illinois State Police investigation launched into the killing of Silverio Villegas Gonzalez last summer in suburban Franklin Park.
The ruling is a blow to immigration groups that have sought swifter prosecution for federal agents involved in the months-long Operation Midway Blitz, which saw chaotic scenes of agents marching through streets, employing tear gas and detaining suspected immigrations.
