Cook County judge denies request for special prosecutor in Operation Midway Blitz misconduct case

Judge denies request for special prosecutor in Operation Midway Blitz misconduct case

A Cook County judge denied a petition seeking a special prosecutor to investigate alleged misconduct by federal agents during "Operation Midway Blitz."

CHICAGO - A Cook County judge has denied a request to appoint a special prosecutor to investigate alleged misconduct by federal agents during "Operation Midway Blitz," ruling petitioners failed to prove Cook County State’s Attorney Eileen O’Neill Burke had a conflict of interest preventing her office from handling the matter.

Operation Midway Blitz special prosecutor denied

Judge Erica L. Reddick issued the ruling Thursday after hearing arguments earlier this month in a closely watched legal dispute tied to the federal enforcement operation conducted between September and December 2025.

Attorneys representing a group of petitioners had asked the court to appoint an independent prosecutor to investigate allegations that federal agents used excessive force and committed civil rights violations during the operation.

Cook County court weighs special prosecutor request tied to Operation Midway Blitz

A Cook County judge is considering whether a special prosecutor should be appointed to investigate alleged misconduct in "Operation Midway Blitz."

In denying the petition, Reddick ruled the petitioners failed to present sufficient evidence showing O’Neill Burke had an "actual conflict of interest" that would justify removing her office from potential prosecutorial decisions.

The judge said statements and allegations regarding O’Neill Burke’s working relationship with law enforcement agencies were not enough to establish a legal conflict requiring the appointment of a special prosecutor.

The backstory:

The case stems from a final report released April 30 by the Illinois Accountability Commission, a state panel created by Gov. JB Pritzker through executive order in 2025 to investigate allegations tied to "Operation Midway Blitz."

The commission accused federal agents of repeatedly using excessive and unjustified force against immigrants, U.S. citizens, protesters, journalists and bystanders during enforcement actions across the Chicago area.

According to the report, investigators reviewed more than 100 hours of video footage, interviewed dozens of witnesses and analyzed court filings, text messages and official reports tied to the operation.

The commission alleged agents conducted random stops based on race or occupation, used violence during arrests and retaliated against people who challenged their tactics.

BROADVIEW, ILLINOIS - SEPTEMBER 12: Activists confront federal police during a protest outside of an immigration processing center on September 12, 2025 in Broadview, Illinois. The activists were protesting the Trump administration's increase in immi

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Among the incidents highlighted was the shooting of Marimar Martinez, who testified publicly before the commission days before the report was released. Martinez said she was shot multiple times by a federal agent without justification.

"I’ve been judged, I’ve been criminalized, I’ve been shot, but I’m still here speaking, and I want change," Martinez told the commission during its final public hearing.

The report and supporting materials were referred to several law enforcement agencies, including the Cook County State’s Attorney’s Office, Chicago police and multiple suburban departments.

Commission Chair Rubén Castillo, a former federal judge, publicly criticized O’Neill Burke during a press conference announcing the report’s release.

"If she doesn’t want to investigate, step aside," Castillo said. "Step aside and let a special prosecutor come in and do what needs to be done."

The other side:

The Cook County State’s Attorney’s Office previously called the petition "frivolous" and argued there was no legal basis for appointing a special prosecutor.

"The State’s Attorney has repeatedly condemned the tactics used by the Trump administration and during Operation Midway Blitz, denouncing the abhorrent conduct we have all witnessed. As we have argued in court, the CCSAO must follow the law and the facts to protect the integrity of our prosecutions and ensure that any resulting conviction will stand. Illinois Supreme Court precedent makes it clear that law enforcement must initiate criminal investigations and then can refer the case to prosecutors for charging decisions and investigative support.

"The petition seeking a special prosecutor is frivolous, contains baseless allegations and gross misrepresentations of the law.

"We are unable to comment further due to the pending litigation and look forward to the judge’s ruling."