A Pattern of Impunity: The Rogue Prosecutors

Jennifer Kerkhoff Muyskens is not an isolated case. Other high-ranking DC prosecutors have faced allegations of misconduct and abuse of power.

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John Giovannelli

Deputy Chief, Homicide Section

Allegations of personal misconduct spilling into professional life. Reports document "vindictive doxing" and connection to "wife abuse" allegations involving Lori Eshbaugh. Questions raised about impartiality and use of office for personal vendettas.

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Kevin Flynn

Former Chief, Felony Major Crimes

Removed from the U.S. Attorney's Office following a controversy over a J6 sentencing memo. Flynn and another prosecutor were ousted after including "truthful and accurate references" to Donald Trump's role in January 6th, which superiors reportedly sought to suppress.

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Ethics Charges: 3-Month Suspension Recommended

Former Assistant U.S. Attorney Jennifer Kerkhoff Muyskens faces disciplinary action for "serious misconduct that substantially impacted the administration of justice."

The J20 Prosecution Scandal
When 200+ People Were Charged to Criminalize Dissent

January 20, 2017: Federal prosecutor Jennifer Kerkhoff Muyskens led one of the most aggressive prosecutions in DC history—charging over 200 inauguration protestors with felony rioting and facing up to 60 years in prison. The case collapsed due to Brady violations, hidden evidence, and prosecutorial misconduct that a judge found to be intentional.

200+
People Arrested
60
Years Maximum Sentence
69
Videos Hidden from Defense
21
Plea Deals (Most Dismissed)

Watch: The J20 Story

Documentary coverage and news reports exposing the mass prosecution and its collapse.

Democracy Now! - "J20 Trial: 200+ Inauguration Protesters, Journalists & Observers Face Riot Charges"

Defend J20 Resistance - Comprehensive account of the protests and legal challenges

The "Conspiracy" Theory

Federal prosecutors employed a dangerous legal theory: guilt by association.

The Prosecution's Theory

Kerkhoff argued that wearing black clothes and being near property damage made every individual part of a violent conspiracy, regardless of their personal actions. Journalists, legal observers, and medics were swept into the dragnet.

Brady Violations

Chief Judge Robert Morin found that prosecutors withheld 69 Project Veritas recordings and edited others to hide exculpatory evidence. The withheld videos showed organizers planning for non-violent protest.

The Outcome

The first trial ended in full acquittals. Following the exposure of misconduct, the government was forced to dismiss charges against the remaining 129 defendants. (United States v. Ayla Wolf, et al.)

DC's Unique Vulnerability:

"District residents lack congressional representation... [but this] does not justify their use as human guinea pigs—particularly when basic human rights are involved. As Mr. Justice Jackson said almost 30 years ago: 'There are limits to the extent to which a legislatively represented majority may conduct biological experiments at the expense of the dignity and personality and natural powers of a minority—even those who have been guilty of what the majority define as crimes.'"

— United States v. Thompson, 452 F.2d 1333 (D.C. Cir. 1972)

Evidence of Misconduct

The case collapsed not because of a lack of evidence, but because the prosecution was caught hiding and manipulating it.

Brady Violation Visual Concept

Brady Violations

Kerkhoff withheld 69 recordings from Project Veritas that contained exculpatory evidence. These videos showed protest organizers explicitly planning for non-violent tactics, de-escalation training, and peaceful demonstrations—directly contradicting the prosecution's "violent conspiracy" theory.

One particularly damaging piece of hidden footage showed a Project Veritas operative stating: "I don't think they know anything about the upper echelon stuff"—undermining the entire conspiracy premise.

Evidence Tampering

Working with DC Police Detective Greggory Pemberton, Kerkhoff allegedly:

  • Edited videos to remove exculpatory segments
  • Concealed the Project Veritas source to hide their reputation for deceptive editing
  • Excised footage that would have aided the defense

In May 2018, a judge ruled that Kerkhoff had "cheated defendants of potentially exculpatory evidence" by misrepresenting edits and hiding recordings.

False Statements to the Court

Kerkhoff repeatedly told the court and defense attorneys that her office possessed only one, unedited video. In reality, she had access to dozens of files that she suppressed.

Chief Judge Robert Morin explicitly stated that Jennifer Kerkhoff had made "material misrepresentations" to him.

Judicial Finding

In November 2018, a DC Superior Court judge found that Kerkhoff "acted intentionally to withhold evidence."

Why DC? The Context of Powerlessness

The J20 prosecution didn't happen in a vacuum—it happened in a jurisdiction uniquely vulnerable to federal overreach.

The Demographics:

"The population of the District is almost three-quarters Black, and racial minorities compose approximately ninety-five percent of those arrested for major violations in the District. Congress must be aware of these facts, if not their impact on legislation."

Electoral Accountability—Or Lack Thereof:

"Congress is not accountable to the population of the District of Columbia. Where electoral accountability is absent, normal presumptions of legislative regularity have a weaker claim."

— United States v. McDonald, 481 F.2d 513 (D.C. Cir. 1973)

DC residents lack voting representation in Congress. They cannot elect senators or voting members of the House. Federal prosecutors like Jennifer Kerkhoff operate in a jurisdiction where the people they prosecute have no democratic recourse—no ability to vote out the lawmakers who enable aggressive prosecutions.

This power imbalance creates fertile ground for prosecutorial abuse. When prosecutors know their targets have no electoral power, the usual political checks on governmental overreach disappear.

A Pattern of Impunity

Jennifer Kerkhoff was not acting in isolation. She was part of a leadership culture in the DC US Attorney's Office marked by aggressive tactics and questionable ethics.

Jennifer Kerkhoff Muyskens

Former Chief, Violent Crimes Unit

Currently facing ethics charges with a recommended 3-month suspension. A disciplinary committee concluded her "misconduct was serious and substantially impacted the administration of justice" and that she "routinely took a narrow view of her discovery obligations."

Found by a judge to have intentionally withheld evidence. Resigned from federal service and no longer practices law.

John Giovannelli

Deputy Chief, Homicide Section

Former deputy to Kevin Flynn in the Felony Major Crimes Section. Accused in separate matters of:

  • Filing retaliatory charges
  • Manipulating evidence
  • Acting with improper motives

Court records from Virginia Judiciary document contentious domestic legal proceedings.

Kevin Flynn

Former Chief, Felony Major Crimes

Career prosecutor with over 35 years of service. Former supervisor of John Giovannelli. Removed from the Department of Justice following controversy over sentencing memorandums related to January 6th cases.

His removal highlighted internal conflicts over prosecutorial discretion and political pressure within the US Attorney's Office.

The Aftermath

Cases Dismissed

In March 2019, a federal prosecutor dismissed all remaining J20 cases with prejudice, citing Kerkhoff's "material misrepresentations to the court."

Settlement

The DC government agreed to pay $1.6 million to settle lawsuits stemming from the treatment of protesters and the mass arrests.

Lives Disrupted

Over 200 people spent nearly two years defending themselves against felony charges that could have resulted in decades of prison time—all based on prosecutorial misconduct.

"The misconduct was serious and substantially impacted the administration of justice."

— DC Board on Professional Responsibility Hearing Committee