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WHAT TO DO ABOUT SOROS PROSECUTORS?

It is no secret that Billionaire George Soros has funded the campaigns of local prosecutors across the nation.  “(W)ealthy radicals led by billionaire George Soros have poured over $100 million…to fund political activities in races for state and local prosecutors…Soros and his network of wealthy radicals believe the criminal justice system is so corrupt, so hopelessly racist, that justice is literally impossible…Sadly, the millions in contributions from the Soros network have allowed their far-left candidates to overwhelm their opponents by outspending them by as much as 3 to 1. One Democrat who was unseated by a Soros acolyte said, ‘This is an election that was bought, not won.'”  At last count, “Soros and his allies have installed ‘woke’ prosecutors in 31 cities and counties, among them San Francisco, Chicago, Philadelphia, Boston, Portland, Dallas, and St. Louis.” 

And how are these prosecutors doing?  Are they providing their communities with justice?

 “Kim Foxx (is), the State’s Attorney for Cook County, Chicago, where murder is at its highest in nearly 30 years.  In 2020, Soros donated $2 million to a PAC that backed Foxx in her re-election campaign. She won the race and has since offered deferred prosecutions and softball deals to criminals.  In 2021, there were more murders in Chicago than in any other year since 1994. There have been more than 1,000 murders in Cook County, Foxx’s district, this year…” 

 “Foxx was heavily criticized last year, including by the Chicago Fraternal Order of Police who called for her to resign, after dropping several charges against (actor Jussie) Smollett in 2020 for allegedly faking a hate crime where he said he was beaten up by racist and homophobic Trump supporters. The public outrage sparked by the decision to drop many of the charges resulted in the appointing of a special prosecutor. Smollett…was (recently) found guilty on five charges of staging that attack and lying to police…” 

“Larry Krasner, a 60-year-old longtime civil rights and defense attorney who sued the Philadelphia Police Department 75 times, won election in 2017 against a crowded field by billing himself as the outsider candidate capable of making radical change. Krasner’s campaign benefitted from the largesse of…Soros, who poured an eye-popping $1.7 million into the race to support the Democratic candidate’s criminal justice reform agenda. Under Krasner, the future years of incarceration have been cut by half, and the length of parole in probation supervision have been slashed by nearly two-thirds compared to the previous DA.  Krasner, who previously defended Black Lives Matter and Occupy Philadelphia protesters as a lawyer, has clashed with the city’s top cops over his  reluctance to prosecute non-violent gun and drug possession crimes, despite a surge in gun violence and rising homicide rates in the City of Brotherly Love. As of November 21, 2021, there have been 491 homicide victims, a 14 per cent increase from last year’s number of 436, and 283 in 2019.”

“A new Virginia nonprofit, Virginians for Safe Communities, is launching a campaign to recall Fairfax County’s Steve Descano, Loudoun County’s Buta Biberaj, and Arlington County’s Parisa Dehghani-Tafti from their respective offices…(t)he progressive attorneys took office in January 2020 after Soros spent more than $2 million supporting their campaigns. All three have since implemented lenient law enforcement policies, decisions that have coincided with a rise in crime.  Descano, for example, said in December that his office will stop seeking cash bail, which he called ‘unjust’ and ‘racially biased.’ In the months following the decision, homicides in Fairfax County more than doubled the total seen during the same time period in 2020. In Dehghani-Tafti’s Arlington, meanwhile, felony aggravated assaults rose 40 percent last year. And in Loudoun, Biberaj has faced criticism for dismissing hundreds of domestic violence cases. ‘These rogue prosecutors’ dangerous policies are costing lives, re-victimizing victims, and undermining the public’s faith in our justice system—it ends now,’ Virginians for Safe Communities president Sean Kennedy said.

In a category all by themselves is the prosecutor for Los Angeles, George Gascon, and San Francisco’s Chesa Boudin.

“Los Angeles County District Attorney George Gascón…who ran against the first black woman to hold the job, and who received millions of dollars in donations from left-wing billionaire George Soros, has pursued an aggressive, radical agenda of “criminal justice reform” since taking office…. But crime has spiked, leaving the city in the throes of what the Los Angeles Times has called a spate of “brutal, brazen” crimes…including the killing of a beloved Beverly Hills philanthropist, an explosion of gunfire that left one child dead in Wilmington and viral videos of smash-and-grab robberies at retail stores… Murders have skyrocketed in L.A., as are car thefts…”  

And what was DA Gascon’s reaction to the call by LA County Sheriff Alex Villanueva for Gascon to be subject to a recall election?   “My dad used to say that when you wrestle with a pig, you both get muddy and the pig likes it.”

Regarding Boudin, “(p)rosecutors Brooke Jenkins and Don Du Bain…have quit their jobs at the San Francisco District Attorney’s office and joined the effort to recall their former boss, District Attorney Chesa Boudin. They are among at least 51 lawyers at the San Francisco District Attorney’s Office who have either left or been fired since Boudin took office in January 2020, according to documents obtained by the Investigative Unit – that’s about a third of the department’s attorneys now gone. ‘Chesa has a radical approach that involves not charging crime in the first place and simply releasing individuals with no rehabilitation and putting them in positions where they are simply more likely to re-offend,’ Jenkins said… Both attorneys accuse Boudin of making San Francisco more dangerous by regularly handing down lenient sentences, releasing criminals early, and, in some cases, not filing charges at all, despite sufficient evidence proving those individuals committed violent crimes. ‘He basically disregards the laws that he doesn’t like, and he disregards the court decisions that he doesn’t like to impose his own version of what he believes is just -and that’s not the job of the district attorney,’ du Bain said.” 

Reasonable minds can agree that a prosecutor who refuses to pursue charges against violent criminals, in service to a radical agenda, is not providing justice to the community.  If that is the case, what can the community do about such a prosecutor?

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The first thought that comes to most minds, is to bring civil litigation against prosecutors like Foxx, Krasner, Gascon and Boudin.  However, such a lawsuit is doomed to failure.  As the US Supreme Court ruled in Imbler v. Pachtman, 424 US 409 (1976), “(t)he same considerations of public policy that underlie the common law rule of absolute immunity of a prosecutor from a suit for malicious prosecution likewise dictate absolute immunity (when seeking damages for loss of liberty allegedly caused by unlawful prosecution). Although such immunity leaves the genuinely wronged criminal defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty, the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest in that it would prevent the vigorous and fearless performance of the prosecutor’s duty that is essential to the proper functioning of the criminal justice system and would often prejudice criminal defendants by skewing post-conviction judicial decisions that should be made with the sole purpose of insuring justice.” 

In short, prosecutors are absolutely immune from civil liability for actions taken in the course of their duties – even when they perform those duties with an agenda in mind.

One interesting approach being used by the aforementioned Virginians for Safe Communities (VSC) involves bringing ethics violations against Soros prosecutors.    Recently, “VSC joined with notable concerned citizens of the Commonwealth of Virginia to ask the Virginia State Bar to launch an inquiry into serious and recurring instances of misconduct by the office of the Fairfax Commonwealth’s Attorney, Steve Descano… The letter alleges that…two separate Fairfax County Circuit judges have rebuked Descano’s office for withholding exculpatory evidence in high-profile, high-stakes cases one involving a murder and another concerning a police officer charged with assault. Doing so violates the US Supreme Court’s Brady v. Maryland decision (1963) standard and the Virginia State Bar’s own rules for attorneys and specifically for prosecutors (Rule 3.8).” 

Under the Model Rules of Professional Conduct, Section 8.4, “It is professional misconduct for a lawyer to: (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice.”  These rules could be used against other Soros prosecutors.  For instance, in his report regarding Chicago’s Kim Foxx, Special Prosecutor Dan Webb cited “at least six false and/or misleading public statements relating to the nature and reason for the dismissal of the Initial Smollett Case and State’s Attorney Foxx’s recusal…the six false and/or misleading public statements discussed above…could potentially be deemed violations of Rule 8.4(c).” 

A discipline complaint has been brought against St Louis prosecutor Kim Gardner, who’s election was also funded by George Soros. “(F)ormer Missouri Gov. Eric Greitens…accused Gardner of failing to correct the record during a deposition from private investigator William Tisaby, whom Gardner had hired to investigate Greitens. Tisaby had conducted interviews with the woman who accused Greitens of misconduct. Tisaby had since been charged with six counts of perjury and one count of tampering with evidence as part of his work on the Greitens case. Gardner was with Tisaby when some of the violations occurred and had an ethical duty to flag his alleged lies, Greitens’ team claims.

 Greitens resigned from the governorship amid Gardner’s probe, but all of the charges against him were subsequently dropped.” 

You may remember Gardner as the prosecutor who “charged Mark and Patricia McCloskey with unlawful use of weapons charges as well as tampering with evidence. Their attorney successfully argued before Judge Thomas Clark that Gardner used the case for political gain after citing it in campaign fundraising emails before and after the charges were issued.” 

Unfortunately, the best way to prevent Soros prosecutors from wrecking havoc on places like Chicago, New York and Los Angeles, is to not elect them in the first place.  The next best is being pursued across the country – Recall elections.

Many jurisdictions are currently engaged in that process.  As mentioned above, there are petitions being circulated to put recall elections on the ballot in both Los Angeles and San Francisco.  But as Kelly Sadler of The Washington Times states, “Mr. Soros’s ‘criminal justice reform’ will be hard to reverse – simply because he’s spent years enacting his plans. However, never underestimate the power of the American citizen. Just like those informed mothers and fathers who wised up to what was being taught in their children’s classrooms and demanded accountability from their local school boards, residents of Los Angeles, Philadelphia — and Milwaukee — also can see what’s going on regarding the safety in their cities. Come the next election day, Mr. Soros is going to have a much tougher battle on his hands.” 

Judge John Wilson (ret.) served on the bench in New York City

Illustration: Pixabay