Prosecutors Face Setbacks in Los Angeles Federal Court

Federal prosecutors in Los Angeles have lost every assault on a federal officer case brought to trial against immigration protesters, according to reports from the Los Angeles Times and The Derrick. The streak of losses culminated on April 1, 2026, when a federal judge criticized the U.S. Attorney’s office as amateur hour after prosecutors failed to disclose evidence during a trial.

The criticism came from U.S. District Judge André Birotte Jr. In Courtroom 7B of the federal courthouse in downtown Los Angeles. Judge Birotte, who previously served as a U.S. Attorney, berated prosecutors for failing to provide additional discovery to the defense until the trial had already commenced for two defendants charged with assaulting a federal officer.

You’ve got to be ready for prime time and you’re not

U.S. District Judge André Birotte Jr.

During the proceedings on April 1, Samuel Cross, a deputy federal public defender, argued for the dismissal of the case. In his argument, Cross quoted Judge Birotte’s assessment of the situation as amateur hour at the U.S. Attorney’s office. Judge Birotte indicated that the trial was likely not going to proceed.

Concurrent Trial of Luis Hipolito

The failures in Courtroom 7B occurred while another trial was underway three floors up in Courtroom 10A. Prosecutors were awaiting a verdict for Luis Hipolito, who was charged with assaulting a federal officer after punching an Immigration and Customs Enforcement (ICE) officer in the face during an operation in the summer of 2025.

Hipolito admitted to striking the officer but argued he acted in self-defense. He testified that he believed the officers, who he claimed had not identified themselves, were bounty hunters attempting to kidnap a woman. Hipolito stated he reacted after being elbowed and pepper sprayed.

Assistant U.S. Attorney Jason Pang challenged this narrative during his closing argument, presenting a slideshow titled defendant’s lies under oath. Pang told jurors that Hipolito had signed an agreement acknowledging that the individual he punched was a federal employee or officer, asserting that Hipolito lied over and over again regarding his knowledge of the officers’ identities.

The prosecution’s case against Hipolito included social media videos that captured the punch, a departure from previous trials in similar cases where jurors acquitted defendants due to a lack of video evidence.

Pattern of Prosecution Failures

The difficulties faced by the U.S. Attorney’s office are part of a broader trend of unsuccessful prosecutions related to immigration protests. Since June 2025, the office has charged more than 100 individuals with allegations of assaulting agents or interfering with immigration enforcement efforts.

In one previous case, Isaias Lopez was found not guilty in January 2026. Lopez had been arrested in August 2025 on charges of assaulting a federal officer during a protest in front of City Hall in downtown Los Angeles.

Systemic Challenges in Federal Defense

The legal proceedings in Los Angeles occur amid a significant funding crisis affecting court-appointed defense attorneys. According to a memo sent to the U.S. District Court for the Central District of California, private attorneys on the Criminal Justice Act panel—who represent indigent defendants when federal public defenders have conflicts—have not been paid since July 2025.

The funding shortfall has reduced the number of available panel attorneys from approximately 85 to 15. Defense lawyers have reported facing financial ruin and eviction while continuing to represent defendants free of charge. Some attorneys have been forced to stop accepting federal court-appointed cases to ensure their own financial survival.

The crisis reached a point where federal prosecutors suggested to the court that judges could compel attorneys to work without compensation to ensure defendants had counsel for detention hearings and initial appearances. Defense lawyers countered that such a proposal is unconstitutional and deeply insulting to practitioners already struggling with the lack of payment.

These attorneys are paid through funds appropriated by Congress to the Judicial Branch’s Defender Services program, but those funds were exhausted in July 2025.