James' World 2

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Grand juries are the heart of the criminal justice system, the inner sanctum where prosecutors, working unchecked and in secret, have enormous power to indict their fellow citizens.

But under President Trump, the Justice Department has had serious difficulties presenting cases to grand juries, running into problems that would have seemed unthinkable a year ago.

In the past several months, prosecutors have repeatedly failed to persuade grand juries that the cases they have brought warrant criminal charges. And if it were not unusual enough, they have also been admonished at least three times since last November by federal judges who have accused them of misconduct.

The latest setback came in Chicago, where a judge cited a remarkable list of grand jury errors in a case that was dismissed against four Democratic activists about to face trial for impeding the police during a protest last fall at a suburban immigration detention facility.

The blunders shocked the judge, April M. Perry, who recounted from the bench on Thursday how prosecutors had spoken to grand jurors outside the grand jury room — a major breach of protocol — and had improperly coached them that the evidence they had presented was particularly strong.

The prosecutors also stacked the deck in their own favor by removing from the panel some grand jurors who had voted against them when considering an earlier version of the charges. Making matters even worse, they tried to hide these maneuvers by redacting the grand jury transcripts — that is, until Judge Perry ordered them to give her the full copies.

The government’s missteps were bad enough to necessitate tossing out the case against the critics of the president’s immigration plan just days before it was supposed to go to trial.

But the mistakes also pointed to a more important problem: As Mr. Trump has demanded more and more charges against those he perceives as his opponents, prosecutors have felt pressure to push weak cases through grand juries. And that, in turn, has led to an erosion in faith in the Justice Department by both the grand jurors themselves and the judges considering the cases.

“Your sole goal is to do justice. Your client is justice itself,” Judge Perry told Andrew S. Boutros, the Trump-appointed U.S. attorney who appeared in court to apologize for his subordinates’ mistakes. “I do believe deeply in the presumption of regularity and that most government attorneys are doing the best they can to do the right thing. That trust has been broken.”

Natalie Baldassare, a Justice Department spokeswoman, said that the Chicago case and the handful of others in which prosecutors have been scolded for their grand jury presentations were an anomaly.

“These few cases are not representative of D.O.J.’s overall achievements to date,” Ms. Baldassare said, “and we will not be deterred in our efforts to hold criminals accountable and keep the American people safe.”

There are almost no statistics that gauge how often prosecutors fail to secure indictments or are chastised by judges because of their grand jury presentations, if only because such events used to be rare. Legal experts say it is just as uncommon for jurists like Judge Perry to shine a spotlight on grand jury proceedings, which are held in secret, although that, too, has been happening more often.

Barbara L. McQuade, the former U.S. attorney for the Eastern District of Michigan, said that in her 20 years in the Justice Department, she had never worked on a case — or even heard of one — in which a judge had examined grand jury transcripts because of concerns about misconduct.

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The examples of grand jury malfeasance come on top of the many cases in which Justice Department prosecutors have failed to get grand jurors to return indictments. Credit…Eric Lee for The New York Times

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