Prosecutors

Federal prosecutor facing discipline for altering video evidence against anti-Trump protestors

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Protestor in front of riot police on January 20 2017

Jennifer Kerkhoff Muyskens is facing scrutiny over the prosecution of defendants charged with felony rioting, conspiracy to riot and destruction of property during the Jan. 20, 2017 inauguration. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

A federal prosecutor who allegedly edited videos to use as evidence in criminal cases involving anti-Trump protestors in 2017 is now facing disciplinary charges.

In a complaint filed on Monday, the D.C. Bar Office of Disciplinary Counsel said that as an assistant U.S. attorney in the District of Columbia, Jennifer Kerkhoff Muyskens led the prosecution in more than 200 cases against defendants charged with felony rioting, conspiracy to riot and destruction of property during Donald Trump’s inauguration as president.

“Respondent and the government decided to charge all the arrested participants—even individuals who were non-violent—on the theory that everyone took part in a conspiracy to use a ‘black-bloc tactic’ by using all-black clothing, face coverings, and coordinated group tactics, to frustrate law enforcement and help the rioters,” the complaint says.

Muyskens allegedly removed footage from videos recorded by conservative activist group Project Veritas that could have helped clear the protestors of criminal charges, according to the complaint. It showed protestors discussing plans to remain non-violent and use de-escalation tactics with police, and included footage showing an undercover Metropolitan Police Department officer attending a planning meeting.

The complaint also says Muyskens made “false and misleading” statements to the court when asked if the government had altered the videos or disclosed all of its footage. She allegedly continued to make false statements and omissions during an investigation into her conduct.

Reuters, which has coverage, said Muyskens is now a federal prosecutor in Utah. She and spokespersons for the U.S. Justice Department and the U.S. Attorney’s Offices in Utah did not respond to Reuters’ requests for comment.

Monday’s complaint was filed with the District of Columbia Court of Appeals Board on Professional Responsibility.

CNN and the Hill also have coverage.

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