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As President Trump posed triumphantly for photos with police officers, government agents, and members of the National Guard in Southeast Washington last week, lawyers across town in federal court grappled with his new brand of justice.
The stream of defendants who shuffled through a federal courtroom on Thursday afternoon illustrated the new ways in which laws are being enforced in the nation’s capital after the president’s takeover of the city’s police. They were appearing before a magistrate judge on charges that would typically be handled at the local court level, if they were filed at all.
One man had been arrested over an open container of alcohol. Another had been charged with threatening the president after delivering a drunken outburst following his arrest on vandalism. And one defendant’s gun case so alarmed prosecutors that they intend to drop the case.
Mr. Trump has cast his crackdown on crime as a success, and suggested on Friday that it was a blueprint he would seek to apply to other cities, including Chicago. To defense lawyers and even some prosecutors, though, many of the cases that have landed in court have raised concerns that the takeover seems intended to artificially inflate its effect because government lawyers have been instructed to file the most serious federal charges, no matter how minor the incident.
One of the recipients of Mr. Trump’s show of force was Mark Bigelow, 28, a part-time delivery driver for Amazon.
After midnight on Aug. 19, Mr. Bigelow was sitting in the middle row of a van parked on a street in Northeast Washington with its doors open, according to court papers. Two other men were in the front when a full complement of law enforcement officials — from the Metropolitan Police Department, the F.B.I., the Drug Enforcement Administration, Immigration and Customs Enforcement, and the State Department’s Diplomatic Security Service — stopped and saw what appeared to be an open container of alcohol in the front seat.
As law enforcement questioned and searched the two other passengers, Mr. Bigelow left the van and started to walk away, until other agents stopped him, according to the charging document. Peering into the van, an officer spotted “a second cup containing an alcoholic beverage in the middle row seat,” at which point Mr. Bigelow was arrested on charges of possession of an open container, a misdemeanor.
As he was placed in a vehicle, the handcuffed Mr. Bigelow became belligerent, twisting his body and yelling, “Get off me! Y’all too little, bro!” at an ICE agent, according to a court filing, which described how Mr. Bigelow made “physical contact” by kicking an agent in the hand and another in the leg.
As a result, Mr. Bigelow was charged with assaulting, resisting or impeding a federal officer, an offense that carries a maximum sentence of eight years in prison.
The charges follow a directive by the U.S. attorney, Jeanine Pirro, to prosecutors to charge the most serious crimes possible in each case and to do so in federal court, where sentences tend to run much longer.
A federal public defender representing Mr. Bigelow, Elizabeth Mullin, told the U.S. magistrate judge, Moxila A. Upadhyaya, that he would never have been arrested, let alone charged with a federal felony, but for the president’s crackdown. “He was caught up in this federal occupation of D.C.,” she said. “This was a case created by federal law enforcement.”
Next up was Torez Riley, 37, who was arrested at a Trader Joe’s grocery store for what the police said was possession of two handguns in his bag.
Mr. Riley’s case has been a point of contention inside the U.S. attorney’s office, where a number of prosecutors concluded that officers unlawfully searched Mr. Riley when they stopped him, violating the Fourth Amendment, according to people familiar with the case who spoke on the condition of anonymity to discuss internal deliberations.
Before Mr. Trump’s crackdown, prosecutors in Ms. Pirro’s office would have been likely to dismiss a case like Mr. Riley’s after an initial review of the facts of the arrest, according to the people, who were familiar with the instructions.
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Law enforcement officials searching a car after a traffic stop in Washington last week. President Donald Trump has cast his crackdown on crime as a success, and suggested on Friday that it was a blueprint he would seek to apply to other cities, including Chicago.Credit…Eric Lee for The New York Times
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