Following protests against Donald Trump’s inauguration on January 20, 2017, federal prosecutors in Washington, D.C. charged over 200 demonstrators with rioting, with some pleading guilty while others faced acquittals, mistrials, or dismissed charges. Recent disciplinary charges reveal that the federal prosecutor overseeing the cases, Jennifer Kerkhoff Muyskens, withheld evidence and lied about it, violating professional conduct rules. Muyskens presented edited video from a Project Veritas infiltrator to support her theory that protesters were part of a criminal conspiracy, despite knowing that most defendants did not commit violent acts. She also withheld videos that contradicted the prosecution’s narrative that the protests were intended to be peaceful, further alleging that Project Veritas conspired to frame the protesters for third-party violence. The withheld footage, deemed exculpatory, would have undermined the credibility of the government’s evidence and supported the defense’s claims of non-violent intent. Muyskens and Detective Greggory Pemberton allegedly edited videos to bolster the prosecution’s case, misled the court about the extent of their edits, and withheld key evidence that could have helped the defense rebut the charges.
Fox stated that the claims made by Muyskens were false and misleading, including her assertion that all relevant videos had been disclosed to the defense. Muyskens also falsely claimed that the government had provided all available video clips without any edits, when in fact there were additional undisclosed videos from DisruptJ20’s planning meetings.
Muyskens was accused of violating multiple sections of the District of Columbia’s Rules of Professional Conduct, including making false statements to the court, obstructing the defense’s access to evidence, and failing to disclose information that could have benefited the defense. Possible sanctions against Muyskens could range from temporary suspension to disbarment.
In addition to the disciplinary charges against Muyskens, there have been other embarrassments stemming from the Inauguration Day march. The D.C. government settled lawsuits with protesters for $1.6 million, with protesters arguing that the police response violated their First Amendment rights. The settlement was seen as a recognition of the unconstitutional actions by the MPD during the march.
Overall, the misconduct allegations against Muyskens and the settlement with protesters highlight the need for accountability and transparency in law enforcement actions during protests.
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