AP analysis: Justice Department went after protesters for felony assault, but juries and judges were unconvinced

LOS ANGELES (AP) — The U.S. Justice Department failed to secure felony convictions against most of the 102 protesters arrested in four major cities last year on charges of assaulting federal authorities — a record far below the norm in federal assault prosecutions.

All of the dozen cases that made it to trial, mostly in Los Angeles, ended in acquittal, mistrial or dismissal. Experts say that's surprising for a department known for its ability to win at trial. The last three felony assault cases, in LA and Portland, Oregon, will go to trial this fall.

The dismal record has raised questions about rushed investigations and aggressive charging tactics by prosecutors under pressure to show the Trump administration is cracking down on people who assault law enforcement. It comes as the Justice Department is facing broader setbacks in politically charged investigations, with grand juries repeatedly refusing to return indictments and trial juries granting acquittals.

"Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion," said Mary Fan, a former federal prosecutor and law professor at the University of Washington.

The fact that the government failed to win any felony assault convictions at trial calls into question "whether or not these charges should have ever been brought in the first place," she said.

The Associated Press' analysis focused on arrests made during protests last summer and fall in LA, Chicago, Portland and Washington, D.C. — cities with significant protests where President Donald Trump sought to or successfully deployed the National Guard.

Then-Attorney General Pam Bondi said those who interfered with federal law enforcement would face "severe consequences."

Most of the arrests — 102 — were for felony assault on a federal officer, which can carry a sentence of up to 20 years in prison. Of those cases, 41% were dismissed and 34% were pleaded down to misdemeanors. Ten people pleaded guilty to felony assault. Nine people got prison time.

WATCH: House panel examines Delaney Hall ICE detention center conditions and protests

Of those arrested on other charges, seven were sentenced to prison for offenses including arson and obstructing law enforcement. A handful of defendants have diversion agreements, meaning their case will be dismissed if they demonstrate good behavior.

The AP's analysis shows that the Justice Department's record failed to meaningfully improve since December, when an initial assessment showed early struggles to prosecute people on the charges for which they were arrested.

The Justice Department said in a statement that federal prosecutors are right to prioritize cases against people accused of assaulting federal officers and that "each case is based on the facts."

"If there are mitigating factors identified in a case, then prosecutors must also act appropriately to inform the court, and in some cases downgrade or drop charges," the department said.

It's rare for federal prosecutors to lose at trial.