Key facts
- Taxpayers may pay legal bills for activists involved in a dropped case related to ICE protests near Chicago.
- Prosecutors have indicated they will not oppose the defense's request for legal fees.
- The Hyde Amendment allows judges to award legal fees to defendants if prosecution tactics were vexatious, frivolous, or in bad faith.
- The amount of legal fees owed is currently being negotiated between the parties.
Taxpayers may end up footing the legal bills for activists involved in protests near Chicago's ICE facility, as prosecutors have signaled they will not contest the defense's request for fees.
Defense attorneys had sought the appointment of a special counsel to investigate alleged contempt of court by prosecutors and to order the government to cover the defendants' legal costs. While defendants typically bear their own defense expenses, a 1997 federal law, known as the Hyde Amendment, permits judges to award legal fees if prosecution tactics were deemed "vexatious, frivolous, or in bad faith."
In a court filing, defense lawyers noted the prosecutors' "noteworthy and rare" disclosure that they do not intend to oppose the fee request. A spokesperson for the prosecutor's office confirmed this position, stating that while they do not contest entitlement to fees, the final amount is subject to negotiation in good faith.