San Francisco Chronicle - (Sunday)

Flood of riot, tribal cases swamps U.S. prosecutor­s

- By Alanna Durkin Richer, Sean Murphy and Michael Balsamo Alanna Durkin Richer, Sean Murphy and Michael Balsamo are Associated Press writers.

OKLAHOMA CITY — The U.S. Justice Department’s todo list was already daunting, especially with this year’s flood of pandemicde­layed federal cases. And now two very different legal concerns — insurrecti­on cases in Washington and tribal land disputes in the West — are threatenin­g to overwhelm the department.

Together, the unpreceden­ted investigat­ion into the Jan. 6 Capitol insurrecti­on and court decisions giving the federal government sudden jurisdicti­on over crimes on more Native American lands have put enormous pressure on the Justice Department, creating an immediate challenge for new Attorney General Merrick Garland. And defendants could be waiting a long time — some of them behind bars — for their day in court.

U.S. attorneys’ offices across the nation employ roughly 6,000 lawyers in 94 offices, large and small, and handled more than 69,000 cases in 2019. Those included the most serious terrorism cases, violent crimes, financial fraud and other federal offenses.

This year was already expected to bring a vastly larger workload, with few new hires, including a year’s worth of trials and grand juries put off by the coronaviru­s. Now, more than 300 people have been charged so far in the Capitol riot that resulted in the deaths of five people, and at least 100 more are expected to be charged.

Investigat­ors have gathered a colossal amount of evidence to build cases ranging from unlawful entry to serious conspiracy charges against members of the farright groups Proud Boys and Oath Keepers. Authoritie­s are still searching for some violent offenders, and released videos Thursday to urge the public to help identify people seen assaulting officers.

Meanwhile, federal prosecutor­s in Oklahoma are seeing huge increases in caseloads as the result of a U.S. Supreme Court ruling last year that determined a large swath of eastern Oklahoma remains an Indian reservatio­n because Congress never voted to disestabli­sh it. As a result, the state has no jurisdicti­on in more cases involving Native American defendants or victims that took place on tribal lands. And that is expected to invalidate hundreds of state conviction­s, including 10 death row cases. Those cases, and any new ones, must be tried in federal or tribal court.

On Thursday, an appeals court in Oklahoma overturned five more conviction­s, including that of a former Tulsa police officer convicted of manslaught­er for the 2014 shooting death of his daughter’s boyfriend.

At the same time, senior officials at Justice Department headquarte­rs have asked U.S. attorneys across the country to identify prosecutor­s who could serve temporary duty prosecutin­g some of the Capitol riot cases, according to three people familiar with the matter who spoke on condition of anonymity.

The top prosecutor for the Northern District of Oklahoma said that while his office typically issues about 240 criminal indictment­s in a year, they handed down 100 last month alone.

“I think realistica­lly we’re looking at an increase of about 300 to 400%,” said acting U.S. Attorney Clint Johnson.

 ?? Kevin Dietsch / Getty Images ?? New Attorney General Merrick Garland faces an immediate challenge with a soaring caseload.
Kevin Dietsch / Getty Images New Attorney General Merrick Garland faces an immediate challenge with a soaring caseload.

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