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Justice Department struggles to secure felony convictions in protest assault cases

An analysis shows the Justice Department secured felony convictions for fewer than half of the 102 protesters charged with assaulting federal officers last year.

By The Plain RecordUpdated September 13, 2026 at 4:42 AM EDT
Published September 12, 2026 at 8:00 AM EDT

The short answer

An analysis shows the Justice Department secured felony convictions for fewer than half of the 102 protesters charged with assaulting federal officers last year. The U.S. Justice Department has failed to secure felony convictions against the majority of 102 protesters arrested in four major cities last year on charges of assaulting federal authorities.

Updates (1)

  • Update — September 13, 2026 at 4:42 AM EDT: An AP analysis found that the Justice Department failed to secure felony convictions at trial for 102 protesters charged with assaulting federal officers.
Justice Department struggles to secure felony convictions in protest assault cases

The Facts

Who
The U.S. Justice Department, federal prosecutors, and 102 protesters.
What
A review of 102 federal criminal cases against protesters found that the Department of Justice failed to win felony convictions in most instances, with all 12 cases that went to trial ending without a felony conviction.
When
Saturday, September 12, 2026
Where
Los Angeles, Chicago, Portland, and Washington, D.C.
Why
The analysis indicates a high rate of case dismissals and acquittals compared to typical federal conviction rates, raising questions about charging tactics during political protests.

The U.S. Justice Department has failed to secure felony convictions against the majority of 102 protesters arrested in four major cities last year on charges of assaulting federal authorities. An analysis by the Associated Press found that the department’s success rate in these cases was lower than the national average for federal assault prosecutions. All 12 cases that proceeded to trial in cities like Los Angeles and Portland ended in acquittals, mistrials, or dismissals.

The arrests occurred during protests in Los Angeles, Chicago, Portland, and Washington, D.C., where the Trump administration deployed or sought to deploy the National Guard. Then-Attorney General Pam Bondi stated that individuals who interfered with federal law enforcement would face "severe consequences." The Justice Department maintained that it prioritizes cases involving assaults on officers, though it acknowledged that prosecutors must act to downgrade or drop charges if mitigating factors are identified.

Data shows that while 82% of federal assault defendants were convicted in 2024, less than half of the protesters in this group faced convictions. Of the 102 felony assault cases tracked, 41% were dismissed and 34% were pleaded down to misdemeanors. Ten individuals pleaded guilty to felony assault, and nine received prison sentences. In individual cases, such as those of Michael Rabbitt in Chicago and Jonathan Caravello in California, judges and juries found insufficient evidence to support felony charges.

The scale of this legal activity involved 167 total arrests across four cities, with the Justice Department shifting resources toward these cases amid a reported increase in assaults on federal personnel. According to the Department of Homeland Security, assaults on Immigration and Customs Enforcement (ICE) personnel rose to 238 in one year, up from 19 the previous year. However, the lack of felony convictions at trial sets a precedent regarding the difficulty of proving intent in protest environments, potentially influencing how future federal protest-related crimes are charged.

The day-to-day impact for protesters includes the financial and emotional burden of defending against felony charges that some legal experts say signal overcharging. While the government secured some felony convictions for arson and serious injuries, such as a case in Texas where a police officer was shot, the broader effort resulted in dozens of cases being resolved as misdemeanors with little to no jail time. The remaining three felony assault cases in Los Angeles and Portland are scheduled to go to trial this fall.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. June 2024

    Three people convicted in Spokane, Washington, for facility protests.

  2. July 2024

    Eight people sentenced to prison for Texas detention center demonstration.

  3. December 18, 2025

    Associated Press publishes initial assessment of DOJ prosecution struggles.

  4. August 27, 2026

    Michael Rabbitt interviewed in Chicago following dismissal of charges.

  5. September 1, 2026

    Oriana Korol sentenced in Portland following a misdemeanor plea.

  6. September 12, 2026

    Associated Press publishes updated analysis of DOJ conviction rates.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Justice Department struggles to secure felony convictions in protest assault cases?

A review of 102 federal criminal cases against protesters found that the Department of Justice failed to win felony convictions in most instances, with all 12 cases that went to trial ending without a felony conviction.

Who is involved?

The U.S. Justice Department, federal prosecutors, and 102 protesters.

When did this happen?

Saturday, September 12, 2026

Where did this happen?

Los Angeles, Chicago, Portland, and Washington, D.C.

Why does this matter?

The analysis indicates a high rate of case dismissals and acquittals compared to typical federal conviction rates, raising questions about charging tactics during political protests.