Washington, DC (February 18, 2026) – Amid growing concerns about federal charging practices, the National Association of Criminal Defense Lawyers (NACDL) has launched its new Criminal Case Tracker. This new digital resource, available at www.nacdl.org/casetracker, provides defense counsel and the public with a structured, continually updated view of select federal prosecutions that reflect emerging enforcement theories, novel legal applications, and departures from historic charging practices.
For decades, the legal adage held that a prosecutor could "indict a ham sandwich." However, data curated by NACDL reveals that since early 2025, federal grand juries—traditionally a "rubber stamp" for the government—are increasingly issuing "no bills," or refusals to indict. Simultaneously, trial juries are returning not guilty verdicts at a remarkable pace, signaling a deep-seated public exhaustion with federal overreach.
“The Bill of Rights wasn’t written to be a polite suggestion; it was written to be a shield against tyranny,” said NACDL President Andrew Birrell of Minneapolis. “What we are seeing in courtrooms from the Midwest to the coasts is a fundamental, righteous rejection of the idea that criminal law can be used as a tool for political retribution. Jurors are seeing through these ‘novel’ and transparently thin theories. They are reminding this government that the people—not the prosecutors—hold the ultimate power in our justice system.”
The NACDL Criminal Case Tracker includes numerous cases that have resulted from a misuse of Department of Justice resources.
Such cases include:
The "Sandwich" Precedent (DC): Highlighting a circumvention of the grand jury process, prosecutors moved to charge Sean Charles Dunn with a misdemeanor after a grand jury refused to return a felony indictment for allegedly tossing a sandwich at a federal agent. A trial jury subsequently acquitted Mr. Dunn, rejecting the government’s pursuit of a marginal offense.
The Laser Pointer Prosecution (DC): In a case described by the defense as a "malicious misuse of power," a jury required only 35 minutes to acquit Jacob Samuel Winkler. Mr. Winkler, a member of the unhoused community, faced a five-year felony charge for allegedly aiming a cat-toy laser toward Marine One—a charge the jury found lacked any evidentiary merit.
Weaponized Forum Shopping (VA): The Tracker documents disturbing instances of "forum shopping" in Virginia. Following multiple grand jury refusals to indict New York Attorney General Letitia James on mortgage fraud allegations, prosecutors sought to bypass these constitutional safeguards by pursuing charges in alternative districts.
Contradicted Law Enforcement Narratives: The Tracker monitors federal enforcement cases nationwide where initial government claims are dismantled by objective evidence. In multiple instances—such as the dismissed charges against Marimar Martinez in Chicago—the government has been forced to abandon "assault on a federal officer" prosecutions after forensic evidence and bystander video flatly contradicted agent testimony. This pattern mirrors the discrepancies surrounding the high-profile deaths of Renée Good and Alex Pretti in Minneapolis.
Note on Methodology: The NACDL Tracker is designed to monitor active litigation and filed charges. Consequently, the recent refusal by a Washington, D.C. grand jury to indict six members of Congress on "seditious behavior" claims—despite being a significant rejection of government overreach by a body of citizens—is not currently listed. The Tracker records cases only upon the filing of a complaint, indictment, or information; should the Department of Justice successfully secure a "true bill" or opt to bring non-felony charges in this matter, it will be integrated into the data set.
“We created the Case Tracker because you cannot defend against an opponent you cannot see,” said Steven Salky, an attorney and NACDL member in Chevy Chase, MD, who oversees the project. “The Tracker is intended to spotlight for the next several years the unusual cases being prosecuted by the Department of Justice. By tracking these cases longitudinally, we are finally providing the defense bar with key data needed to challenge this epidemic of overcriminalization.”
The Criminal Case Tracker features:
An Interactive Map: A state-by-state visual breakdown of tracked cases and emerging enforcement trends.
A Searchable Database: Filtering by statute, by alleged conduct, by court, by outcome, and other case features.
Litigation Support: Access to key filings and judicial rulings to support effective advocacy against novel, expansive, and aggressive theories.
Collaborative Research: A portal for defenders to contribute their own cases to the national research effort.
“We are witnessing a profound moment of people power,” said NACDL Executive Director Lisa Wayne. “When the government attempts to stretch the law to its breaking point to fit a political agenda, it’s the defense bar’s job to stand in the gap. This tracker is an essential tool for an era where federal overreach has become the standard operating procedure. We invite every defender in the country to join us in this fight.”
Attorneys and researchers can access the tracker and the interactive map at www.nacdl.org/casetracker.
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
