WASHINGTON — Assistant U.S. Attorney Jennifer Kerkhoff Muyskens, who spearheaded the prosecution of over 230 individuals arrested during protests on January 20, 2017—the day of former President Donald Trump's inauguration—is now confronting severe ethics charges. The D.C. Office of Disciplinary Counsel has leveled allegations of significant misconduct against her, including the concealment of exculpatory evidence, manipulation of video evidence, and providing false statements under oath.

Kerkhoff Muyskens, previously known as Jennifer Kerkhoff, was the principal prosecutor in the controversial #J20 cases, which emerged from mass arrests of demonstrators following violent incidents during the inauguration protests. The demonstrators had been detained after a series of disruptions, including vandalism of property and clashes with law enforcement. The government employed a notably aggressive legal strategy, charging the defendants with felony rioting offenses based on their attire and actions, positing that these elements signified participation in a coordinated criminal conspiracy.

The #J20 prosecutions encountered considerable obstacles and ultimately failed to achieve their intended legal outcomes. Jurors acquitted the initial six defendants in late 2017, and a judge later dismissed charges against ten other defendants due to evidence being improperly withheld by the prosecution. By mid-2018, the government had abandoned the charges against all remaining defendants, illustrating the prosecution's struggle to secure convictions.

The ethics complaint against Kerkhoff Muyskens alleges multiple breaches of the D.C. Bar’s rules of professional conduct. According to the complaint, Kerkhoff Muyskens and Washington Police Detective Greggory Pemberton, who were central to the investigation, engaged in unethical practices. The D.C. Office of Disciplinary Counsel seeks to have the D.C. Board of Professional Responsibility, which governs attorney discipline for the D.C. Court of Appeals, impose appropriate sanctions on Kerkhoff Muyskens.

The complaint includes allegations that Kerkhoff Muyskens and Pemberton manipulated videos provided by Project Veritas—a conservative organization known for its contentious practices. These videos played a critical role in the prosecution's case. The complaint contends that Kerkhoff Muyskens and Pemberton knowingly edited and omitted footage to mislead the court, removing material that could have exonerated the defendants or exposed the identity of Project Veritas operatives.

Additionally, the complaint asserts that Kerkhoff Muyskens failed to disclose videos from a January 14-15 training session at American University. These videos reportedly demonstrated a non-violent protest strategy, including instructions on de-escalation techniques and adherence to police directives. Such footage could have been beneficial to the defense.

Neither Kerkhoff Muyskens nor Pemberton has responded to NBC News' requests for comment. Federal court records indicate that Kerkhoff Muyskens, now practicing under her married name Jennifer Muyskens, continues to serve as an assistant U.S. attorney in Utah, with recent cases assigned as of last month. James O'Keefe, founder of Project Veritas, did not respond to inquiries, nor did the U.S. Attorney’s Office for the District of Columbia.

The U.S. Attorney's Office for the District of Columbia, which handles both local and federal prosecutions, has been deeply involved in high-profile cases, including those related to the January 6, 2021, attack on the U.S. Capitol. In contrast to the #J20 prosecutions, which received relatively little national media attention amid Trump's first year and Robert Mueller's special counsel investigation, the Capitol riot cases have garnered significant coverage. Lessons learned from the #J20 prosecutions have informed the approach to the January 6 cases, with over 1,000 convictions secured to date.

During her presentations to the #J20 jury, Kerkhoff Muyskens characterized the protesters as participants in a coordinated criminal effort, emphasizing their black attire and the contents of their backpacks. Despite acknowledging a lack of evidence directly linking the six acquitted defendants to specific acts of violence or property damage, Kerkhoff Muyskens advanced a narrative of collective guilt based on the protesters' appearances and associations.

The current ethics charges against Kerkhoff Muyskens underscore serious allegations of misconduct and raise important questions about prosecutorial ethics and accountability.