Judge upbraids prosecutors for handling of DC surge cases, saying they
have 'no credibility left'
[September 05, 2025]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — A federal magistrate judge on Thursday angrily accused
top Justice Department prosecutors of trampling on the civil rights of
people arrested during President Donald Trump's law-enforcement surge in
the nation's capital.
Judge Zia Faruqui, a former federal prosecutor, said leaders of U.S.
Attorney Jeanine Pirro's office have tarnished its reputation with how
they are handling the deluge of cases. He said Pirro’s office is
routinely bringing cases that don’t belong in federal court and
needlessly keeping people in jail for days while they evaluate charges.
“It's not fair to say they're losing credibility. We're past that now,”
Faruqui said. He later added, “There's no credibility left.”
Pirro has been critical of Faruqui, one of four magistrates at the
district court in Washington. On Thursday, she responded to Faruqui’s
latest remarks by saying the judge “has repeatedly indicated his
allegiance to those who violate the law and carry illegal guns.”
“This judge took an oath to follow the law, yet he has allowed his
politics to consistently cloud his judgment and his requirement to
follow the law,” she said in a statement posted on social media.
“America voted for safe communities, law and order, and this judge is
the antithesis of that.”
The clash between the judge and the top federal prosecutor for
Washington marks an escalation in the Trump administration’s ongoing
showdown with the federal judiciary. Trump has repeatedly attacked the
courts and challenged their authority since he returned to office in
January. But it’s rare for a prosecutor to publicly criticize a judge by
name, as doing so could damage the office’s relationship with the
federal bench.
The judge lambasted Pirro's office during a hearing at which he agreed
to dismiss the federal case against a man accused of threatening to kill
Trump while in police custody. The defendant, Edward Alexander Dana,
spent more than a week in jail before a federal grand jury refused to
indict him.
It is extraordinarily rare for a grand jury to balk at returning an
indictment, but it has happened at least seven times in five cases since
Trump's surge started nearly a month ago. Faruqui said it is ironic that
"an occupying force is at the mercy of the occupants” serving on the
grand juries.
Faruqui said there is no precedent for what is happening at the
courthouse over the past few weeks. He said Trump administration
officials are frequently touting the arrest figures on social media with
seemingly no regard for how the arrests are affecting people's lives.
“Where are the stats on the people illegally detained?” he asked.
Assistant U.S. Attorney Conor Mulroe said prosecutors from Pirro’s
office are working around the clock on the influx of new cases.
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U.S. Attorney for the District of Columbia Jeanine Pirro speaks
during a news conference, Aug. 12, 2025, at the U.S. Attorney's
office in Washington. (AP Photo/Jacquelyn Martin, File)
“You are busy because you all have created this mess,” he told
Mulroe. “I’m not saying it’s your problem. It’s your office’s
problem.”
Mulroe was the only representative of Pirro’s office who attended
Thursday’s hearing. Faruqui questioned why Pirro or her top deputies
“don’t have the dignity to come here” and defend their charging
decisions.
“That’s what leaders do,” he said.
The White House says over 1,800 people have been arrested since the
operation started Aug. 7. Over 40 cases have been filed in district
court, which hears the most serious federal offenses, including
assault, gun and drug charges.
Dana was jailed for approximately a week after his arrest on Aug.
17. A different judge ordered his release on Aug. 25. On Thursday,
Pirro’s office opted to drop the federal case against Dana but
charge him with misdemeanors, including destruction of property and
attempted threats, in D.C. Superior Court.
Dana's attorney, assistant federal public defender Elizabeth Mullin,
said prosecutors should have known that this case didn't belong in
federal court.
“A 15-year-old would know,” she said. “It was obvious from the
outset.”
Dana was arrested on suspicion of damaging a light fixture at a
restaurant. An officer was driving Dana to a police station when he
threatened to kill Trump, according to a Secret Service agent’s
affidavit. Dana also told police that he was intoxicated that night.
Mullin said Dana's "hyperbolic rambling" didn't amount to a criminal
threat.
Faruqui ordered prosecutors to file a brief explaining why they
didn't immediately inform him of its charging decisions in Dana's
case. The judge apologized to Dana “on behalf of the court” and
suggested that Pirro's office also owes Dana an apology.
Pirro said in an earlier statement that a grand jury’s refusal to
indict somebody for threatening to kill the president “is the
essence of a politicized jury.”
“The system here is broken on many levels,” she said. “Instead of
the outrage that should be engendered by a specific threat to kill
the president, the grand jury in D.C. refuses to even let the
judicial process begin. Justice should not depend on politics.”
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