David Minier
Editor’s note: David Minier is the former district attorney of Santa Barbara and Madera counties, as well as a retired Madera County judge.
The recent Kyle Rittenhouse trial in Kenosha and the Waukasha Christmas parade massacre by career felon Darrell Brooks Jr. have brought deserved criticism to two Wisconsin district attorney offices.
But a greater threat to our criminal justice system is the increasing election of rogue district attorneys, or “un-D.A.s,” who coddle the offender and ignore the victim.
By tradition, district attorneys are vigorous prosecutors.
In my 23 years as a D.A., I cannot remember a “rogue.” District attorney candidates usually campaign as “tough on crime,” because that’s what the public wants: protection of their persons and property from criminal behavior.
But a new breed of rogue prosecutors is coming, the un-D.A.s, defining themselves as “progressives,” with campaigns fueled by donations from George Soros and other billionaires who would radically change our justice system.
For states not yet targeted by this group, the California experience should serve as a warning.
San Francisco’s district attorney, Chesa Boudin, whose parents served prison terms for murder and robbery, has called for closing jails and prisons. A former pubic defender, Mr. Boudin will face a recall election next June because of his anti-law enforcement policies. Over 50 deputies have left his office in protest, many to join the recall effort.
In Los Angeles, District Attorney George Gascon was elected with $3.6 million of campaign donations from George Soros and others.
Mr. Gascon has ended death penalty prosecutions and trial of unfit juveniles as adults. He has suspended the cash bail system, which Californians had just voted to retain, and has prohibited his staff from charging sentence enhancements on serious felonies.
Mr. Gascon’s deputies have rebelled against his policies and taken him to court. A recent attempt to recall Mr. Gascon failed, but another has begun and will likely result in a recall election next year.
In Contra Costa County, Diana Becton was elected district attorney through massive campaign funding by the same donors who put Mr. Gascon in office. Mr. Boudin, Mr. Gascon and Ms. Becton, with District Attorney Tori Verber Salazer of San Joaquin County, have formed the Prosecutors Alliance of California, a pretentious title for a “progressive” group of four. The alliance is “committed to reforming California’s criminal justice system” and preaching its philosophy that society, not individual will, is responsible for criminal behavior.
Tennessee has recognized this threat, and last month their legislature responded by passing a “rogue district attorney” law. It provides that their attorney general can petition the state supreme court for appointment of an independent attorney to prosecute those cases the local district attorney refuses, such as riot, drug possession, petty theft and assaults on peace officers.
Such a law would not work in California, however, because the state’s attorney general, Rob Bonta, is a former Democratic assemblyman who sponsored legislation unfavorable to law enforcement and who supports un-D.A.s Boudin and Gascon.
The only way to remove a rogue district attorney in California is at the polls, by recall or election. Until that occurs, the D.A. can continue to cause havoc with law enforcement.
The California experience provides a preview of the harm that “progressive” district attorneys can do to the criminal justice system. This new breed of un-D.A.s will not long be confined to California, but will be exported to wherever George Soros and like donors can buy elections.
Other states should be warned: The un-D.A.s are coming, and the loser will be your public safety.
