Jonah Owen Lamb

District Attorney Chesa Boudin’s approach to law enforcement in San Francisco is no longer—at least until the mayor <a href="https://sfstandard.com/politics/election-appointment-da-chesa-boudin-recall/">appoints his replacement</a> next month.

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District Attorney Chesa Boudin’s approach to law enforcement in San Francisco is no longer—at least until the mayor <a href="https://sfstandard.com/politics/election-appointment-da-chesa-boudin-recall/">appoints his replacement</a> next month.

Mayor London Breed won’t say who she plans to install in the interim, despite comments pointing to an appointee who can manage to continue criminal justice reforms while making sure crimes are vigorously prosecuted.

Mayor London Breed won’t say who she plans to install in the interim, despite comments pointing to an appointee who can manage to continue criminal justice reforms while making sure crimes are vigorously prosecuted.

“It is not just about law-and-order and tough-on-crime and locking people up and throwing away the key,” she said Wednesday about her choice to replace Boudin. “It’s about accountability when those lines are crossed and coming to a reasonable conclusion around justice and what that really means for, in some cases, not just the perpetrator but the people who fall victim to those crimes.”&nbsp;

“It is not just about law-and-order and tough-on-crime and locking people up and throwing away the key,” she said Wednesday about her choice to replace Boudin. “It’s about accountability when those lines are crossed and coming to a reasonable conclusion around justice and what that really means for, in some cases, not just the perpetrator but the people who fall victim to those crimes.”&nbsp;

When Breed swore in Boudin, she said prosecutions should strike a balance between fairness and responsibility. But the mayor has been on a rhetorical public safety crusade since late last year after a series of highly publicized <a href="https://sfstandard.com/politics/city-hall/s-f-launches-new-initiative-to-battle-retail-crime/">property crimes</a> cast San Francisco as a lawless city. And many of the positions espoused by potential replacements suggest the new regime could spell an end to reforms championed by Boudin.&nbsp;

When Breed swore in Boudin, she said prosecutions should strike a balance between fairness and responsibility. But the mayor has been on a rhetorical public safety crusade since late last year after a series of highly publicized <a href="https://sfstandard.com/politics/city-hall/s-f-launches-new-initiative-to-battle-retail-crime/">property crimes</a> cast San Francisco as a lawless city. And many of the positions espoused by potential replacements suggest the new regime could spell an end to reforms championed by Boudin.&nbsp;

SFPD Chief Scott speaks on police response to the rise in AAPI hate crimes on Jan. 25, 2022. | Camille Cohen/The Standard

<figure class="wp-block-image size-large"><img height="1667" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/06/DAOFFICEChange_Inlined3-2500x1667.jpg" alt="" class="wp-image-53902"/><figcaption>SFPD Chief Scott speaks on police response to the rise in AAPI hate crimes on Jan. 25, 2022. | Camille Cohen/The Standard</figcaption></figure>

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<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/06/DAOFFICEChange_Inlined3-2500x1667.jpg" alt="" class="wp-image-53902"/><figcaption>SFPD Chief Scott speaks on police response to the rise in AAPI hate crimes on Jan. 25, 2022. | Camille Cohen/The Standard</figcaption></figure>

The prospective slate of rumored DA replacements range from progressives who might advance Boudin’s reforms to moderates with more punitive approaches to crime.

The prospective slate of rumored DA replacements range from progressives who might advance Boudin’s reforms to moderates with more punitive approaches to crime.

Among potential appointees are Supervisor Catherine Stefani, a vocal supporter of police, and veteran Alameda County prosecutor Nancy Tung, who has said she will run in the coming election with a tough-on-crime mentality. Several other longshots include former police commissioner Suzy Loftus, who was interim DA before Boudin’s election, and former prosecutor Brooke Jenkins, as well as the Department of Police Accountability head Paul Henderson and private attorney Joe Alioto Veronese, who announced his run for DA earlier this year.&nbsp;

Among potential appointees are Supervisor Catherine Stefani, a vocal supporter of police, and veteran Alameda County prosecutor Nancy Tung, who has said she will run in the coming election with a tough-on-crime mentality. Several other longshots include former police commissioner Suzy Loftus, who was interim DA before Boudin’s election, and former prosecutor Brooke Jenkins, as well as the Department of Police Accountability head Paul Henderson and private attorney Joe Alioto Veronese, who announced his run for DA earlier this year.&nbsp;

The new DA could launch a plan to combat this atmosphere of perceived disorder in a city reeling from more than two years of pandemic. Some of the city’s neighborhoods have been plagued by street-corner drug dealing, an uptick in overdose deaths and homelessness, making many feel unsafe despite a <a href="https://sfstandard.com/criminal-justice/data-offer-clues-on-san-franciscos-crime-paradox-police-chief-and-academics-have-some-ideas-too/">relative decline in most serious crimes</a>.&nbsp;

The new DA could launch a plan to combat this atmosphere of perceived disorder in a city reeling from more than two years of pandemic. Some of the city’s neighborhoods have been plagued by street-corner drug dealing, an uptick in overdose deaths and homelessness, making many feel unsafe despite a <a href="https://sfstandard.com/criminal-justice/data-offer-clues-on-san-franciscos-crime-paradox-police-chief-and-academics-have-some-ideas-too/">relative decline in most serious crimes</a>.&nbsp;

But some reform-minded prosecutors and public defenders fear the mayor’s pick will return the office to a focus on punishment, which might make the public feel safer while failing to reduce San Francisco’s crime.&nbsp;

But some reform-minded prosecutors and public defenders fear the mayor’s pick will return the office to a focus on punishment, which might make the public feel safer while failing to reduce San Francisco’s crime.&nbsp;

Christine Soto deBerry, executive director of the Prosecutors Alliance of California, has expressed trepidation about Boudin’s replacement. The one-time chief-of-staff for former SF DA George Gascon and Boudin said she expects the successor to make empty promises that rely on hard-nosed prosecutions that won’t get to the root of crime.&nbsp;

Christine Soto deBerry, executive director of the Prosecutors Alliance of California, has expressed trepidation about Boudin’s replacement. The one-time chief-of-staff for former SF DA George Gascon and Boudin said she expects the successor to make empty promises that rely on hard-nosed prosecutions that won’t get to the root of crime.&nbsp;

Soto deBerry said Breed’s pick could take the city “back to a place where we are doubling down on this failed approach.”&nbsp;

Soto deBerry said Breed’s pick could take the city “back to a place where we are doubling down on this failed approach.”&nbsp;

Most prosecutors and DA staffers contacted by The Standard declined to comment. Many may have no idea what is happening and have had no official communication from their leaders—no emails had been sent to DA staffers about the recall even as Wednesday drew to a close. But over at the public Defender&#8217;s Office, an all-staff Zoom meeting was held the morning after the election to discuss a strategy for how to deal with the next DA. Breed can appoint the replacement after the vacancy officially occurs, which is 10 days after the Board of Supervisor certifies the election. The certification is expected to happen June 28.

Most prosecutors and DA staffers contacted by The Standard declined to comment. Many may have no idea what is happening and have had no official communication from their leaders—no emails had been sent to DA staffers about the recall even as Wednesday drew to a close. But over at the public Defender's Office, an all-staff Zoom meeting was held the morning after the election to discuss a strategy for how to deal with the next DA. Breed can appoint the replacement after the vacancy officially occurs, which is 10 days after the Board of Supervisor certifies the election. The certification is expected to happen June 28.

Most prosecutors and DA staffers contacted by The Standard declined to comment. Many may have no idea what is happening and have had no official communication from their leaders—no emails had been sent to DA staffers about the recall even as Wednesday drew to a close. But over at the public Defender&#8217;s Office, an all-staff Zoom meeting was held the morning after the election to discuss a strategy for how to deal with the next DA. Breed can appoint the replacement after the vacancy officially occurs, which is 10 days after the Board of Supervisor certifies the election. The certification is expected to happen June 28.

Though much remains uncertain, here are four ways the District Attorney’s Office and its approach to enforcing the law could change.

Though much remains uncertain, here are four ways the District Attorney’s Office and its approach to enforcing the law could change.

Ending Cash Bail, Investigating Police Misconduct and Other Boudin Priorities May Stall

<h2 class="wp-block-heading" id="h-ending-cash-bail-investigating-police-misconduct-and-other-boudin-priorities-may-stall">Ending Cash Bail, Investigating Police Misconduct and Other Boudin Priorities May Stall </h2>

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<h2 id="h-ending-cash-bail-investigating-police-misconduct-and-other-boudin-priorities-may-stall">Ending Cash Bail, Investigating Police Misconduct and Other Boudin Priorities May Stall </h2>

During his time in office, Boudin touted a number of programs and approaches as key to changing how the DA goes about enforcing the law.

During his time in office, Boudin touted a number of programs and approaches as key to changing how the DA goes about enforcing the law.

Many of those efforts could fall by the wayside.

Many of those efforts could fall by the wayside.

Boudin’s office declined to comment, but his campaign did. No-on-H spokeswoman Julie Edwards said the DA’s ouster would stall criminal justice reform in San Francisco.&nbsp;

Boudin’s office declined to comment, but his campaign did. No-on-H spokeswoman Julie Edwards said the DA’s ouster would stall criminal justice reform in San Francisco.&nbsp;

“&#8230; Entrenched interests have opposed Boudin since Day 1 because he promised to bring reforms to the office,” she wrote in an email before the polls closed Tuesday. “That includes policies like ending cash bail and treating kids like kids. He also promised accountability for all—including police who do wrong and big corporations. I would not be surprised if those same interests push to eliminate these popular and needed policies, using their millions of dollars spent as a threat.”

“... Entrenched interests have opposed Boudin since Day 1 because he promised to bring reforms to the office,” she wrote in an email before the polls closed Tuesday. “That includes policies like ending cash bail and treating kids like kids. He also promised accountability for all—including police who do wrong and big corporations. I would not be surprised if those same interests push to eliminate these popular and needed policies, using their millions of dollars spent as a threat.”

“&#8230; Entrenched interests have opposed Boudin since Day 1 because he promised to bring reforms to the office,” she wrote in an email before the polls closed Tuesday. “That includes policies like ending cash bail and treating kids like kids. He also promised accountability for all—including police who do wrong and big corporations. I would not be surprised if those same interests push to eliminate these popular and needed policies, using their millions of dollars spent as a threat.”

Boudin’s policy of not asking for any cash bail could also be modified but wouldn’t significantly change since recent state law already severely limits bail, said Alex Lilien, a deputy public defender.

Boudin’s policy of not asking for any cash bail could also be modified but wouldn’t significantly change since recent state law already severely limits bail, said Alex Lilien, a deputy public defender.

While the San Francisco Superior Court no longer uses its old bail schedule, which used to list bail amounts in line with a specific crime, judges can still set bonds in line with each defendant’s ability to pay, Lilien explained. Nonetheless, the DA’s office commonly files detention motions in violent cases, and that may increase under whoever comes after Boudin.

While the San Francisco Superior Court no longer uses its old bail schedule, which used to list bail amounts in line with a specific crime, judges can still set bonds in line with each defendant’s ability to pay, Lilien explained. Nonetheless, the DA’s office commonly files detention motions in violent cases, and that may increase under whoever comes after Boudin.

Entities such as the Sentencing Commission, the Independent Investigations Bureau (IIB)—the DA’s unit that investigates police misconduct– and some restorative justice programs could face downsizing or mothballing, Soto deBerry predicted.&nbsp;&nbsp;

Entities such as the Sentencing Commission, the Independent Investigations Bureau (IIB)—the DA’s unit that investigates police misconduct– and some restorative justice programs could face downsizing or mothballing, Soto deBerry predicted.&nbsp;&nbsp;

Eric Quandt, a former ADA in the IIB unit, who now works for the Public Defender’s Office, said that his former unit won’t go away, but staffing changes could undercut how it’s been run under Boudin. A more vexing issue for him is what might happen to the open cases against police officers.&nbsp;

Eric Quandt, a former ADA in the IIB unit, who now works for the Public Defender’s Office, said that his former unit won’t go away, but staffing changes could undercut how it’s been run under Boudin. A more vexing issue for him is what might happen to the open cases against police officers.&nbsp;

“The question about IIB,” he said, “is whether any of those police prosecutions get dismissed.”

“The question about IIB,” he said, “is whether any of those police prosecutions get dismissed.”

Hirings, Firings and a Staff Exodus Could Shake Up the Office

<h2 class="wp-block-heading" id="h-hirings-firings-and-a-staff-exodus-could-shake-up-the-office">Hirings, Firings and a Staff Exodus Could Shake Up the Office</h2>

<h2 id="h-hirings-firings-and-a-staff-exodus-could-shake-up-the-office">Hirings, Firings and a Staff Exodus Could Shake Up the Office</h2>

New DAs often begin their tenure by firing and hiring.

New DAs often begin their tenure by firing and hiring.

That was true of Boudin, who axed a number of prosecutors, which was followed by an exodus of others and an inflow of people from the Public Defender’s Office. And it will likely be true of the person who replaces him.

That was true of Boudin, who axed a number of prosecutors, which was followed by an exodus of others and an inflow of people from the Public Defender’s Office. And it will likely be true of the person who replaces him.

Paul Cummins, who worked under five DAs before leaving the office in 2006—then run by Vice President Kamala Harris—said personnel shakeups often happen when a new top prosecutor takes the helm.

Paul Cummins, who worked under five DAs before leaving the office in 2006—then run by Vice President Kamala Harris—said personnel shakeups often happen when a new top prosecutor takes the helm.

San Francisco Board of Supervisors Catherine Stefani, representing District 2, at City Hall press event on November 16, 2021. | Camille Cohen/The Standard

<figure class="wp-block-image size-large"><img height="1666" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/06/DAOFFICEChange_Inlined1-2500x1666.jpg" alt="" class="wp-image-53917"/><figcaption>San Francisco Board of Supervisors Catherine Stefani, representing District 2, at City Hall press event on November 16, 2021. | Camille Cohen/The Standard</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/06/DAOFFICEChange_Inlined1-2500x1666.jpg" alt="" class="wp-image-53917"/><figcaption>San Francisco Board of Supervisors Catherine Stefani, representing District 2, at City Hall press event on November 16, 2021. | Camille Cohen/The Standard</figcaption></figure>

“They can do whatever they want,” said Cummins, noting that prosecutors are at-will employees, so a new DA can fire anyone they want. That often means leadership changes because DAs want their own people running the office.&nbsp;

“They can do whatever they want,” said Cummins, noting that prosecutors are at-will employees, so a new DA can fire anyone they want. That often means leadership changes because DAs want their own people running the office.&nbsp;

Still, she said there was some carryover as Boudin kept Gascon’s chief-of-staff, DeBerry, who remained for a year and left on amicable terms.&nbsp;

Still, she said there was some carryover as Boudin kept Gascon’s chief-of-staff, DeBerry, who remained for a year and left on amicable terms.&nbsp;

Rebecca Young, an ADA in the IIB unit, and a former deputy public defender, said she has no fear of losing her job. She said she’s more concerned about the office backtracking after “making tremendous strides toward reforming the criminal justice system.”

Rebecca Young, an ADA in the IIB unit, and a former deputy public defender, said she has no fear of losing her job. She said she’s more concerned about the office backtracking after “making tremendous strides toward reforming the criminal justice system.”

The IIB should be safe, she said, because of its special funding from the Board of Supervisors, which created the unit under Gascon after a spate of police shootings.

The IIB should be safe, she said, because of its special funding from the Board of Supervisors, which created the unit under Gascon after a spate of police shootings.

<h2 class="wp-block-heading">Prosecutions and Arrests Could Rise</h2>

<h2>Prosecutions and Arrests Could Rise</h2>

When Boudin came into office, he promised to stop filing charges linked to illegal traffic stops and stop-and-frisk policing, which he characterized as unconstitutional. He declined to charge children as adults and created policies severely limiting prosecutors from filing gang enhancements and charges that could impact immigration status. And he channeled many low-level drug cases into diversion.&nbsp;

When Boudin came into office, he promised to stop filing charges linked to illegal traffic stops and stop-and-frisk policing, which he characterized as unconstitutional. He declined to charge children as adults and created policies severely limiting prosecutors from filing gang enhancements and charges that could impact immigration status. And he channeled many low-level drug cases into diversion.&nbsp;

Meanwhile, police arrests declined, leaving his office with fewer cases to charge.&nbsp;&nbsp;

Meanwhile, police arrests declined, leaving his office with fewer cases to charge.&nbsp;&nbsp;

Eric Fleischaker, a deputy public defender who worked cases during Gascon and Boudin’s tenures, said he hasn’t seen huge numbers of vigorous investigations from the police under Boudin. “I do know that the cops really, actually weren’t pursuing investigations when Chesa was there,” he said, “so there will be an uptick.”

Eric Fleischaker, a deputy public defender who worked cases during Gascon and Boudin’s tenures, said he hasn’t seen huge numbers of vigorous investigations from the police under Boudin. “I do know that the cops really, actually weren’t pursuing investigations when Chesa was there,” he said, “so there will be an uptick.”

More rigorous investigations would result in more arrests and charges, which may include enhancements—such as gang and weapons charges—as well as strikes for prior offenses. That could strengthen the hand of prosecutors when it comes to pushing plea deals and sentencing, Quandt said.

More rigorous investigations would result in more arrests and charges, which may include enhancements—such as gang and weapons charges—as well as strikes for prior offenses. That could strengthen the hand of prosecutors when it comes to pushing plea deals and sentencing, Quandt said.

“Our big concern over here is the ferocity of strikes being alleged,” he added.

“Our big concern over here is the ferocity of strikes being alleged,” he added.

This new atmosphere could also result in more arrests for quality-of-life issues based on the city’s ordinance so-called sit-lie ordinance, which Boudin has refused to charge because he said they criminalize homelessness.

This new atmosphere could also result in more arrests for quality-of-life issues based on the city’s ordinance so-called sit-lie ordinance, which Boudin has refused to charge because he said they criminalize homelessness.

Police could return to overbooking people with the knowledge that more of their allegations may be filed—which wasn’t often the case under Boudin. Pretext stops could also become more common after Boudin, who eschewed charging such cases.

Police could return to overbooking people with the knowledge that more of their allegations may be filed—which wasn’t often the case under Boudin. Pretext stops could also become more common after Boudin, who eschewed charging such cases.

Another new approach for prosecutors could include a practice known as case consolidation, which means a defendant&#8217;s distinct cases get combined, which can be prejudicial and hence make for easier convictions, according to an attorney in the public defender’s office not authorized to speak on the record.&nbsp;

Another new approach for prosecutors could include a practice known as case consolidation, which means a defendant's distinct cases get combined, which can be prejudicial and hence make for easier convictions, according to an attorney in the public defender’s office not authorized to speak on the record.&nbsp;

Another new approach for prosecutors could include a practice known as case consolidation, which means a defendant&#8217;s distinct cases get combined, which can be prejudicial and hence make for easier convictions, according to an attorney in the public defender’s office not authorized to speak on the record.&nbsp;

An additional change could alter Boudin’s policy regarding sharing Brady lists—the names of officers whose documented lies disqualify them from testifying—within 48 hours of charging. In the past, such discovery would only come right before trial, according to a DA staffer who feared retaliation if named.

An additional change could alter Boudin’s policy regarding sharing Brady lists—the names of officers whose documented lies disqualify them from testifying—within 48 hours of charging. In the past, such discovery would only come right before trial, according to a DA staffer who feared retaliation if named.

<figure class="wp-block-gallery has-nested-images columns-default is-cropped wp-block-gallery-2 is-layout-flex wp-block-gallery-is-layout-flex">
<figure class="wp-block-image size-large"><img height="1600" width="2500" data-id="22694" src="https://content.sfstandard.com/wp-content/uploads/2022/01/DocumentingTenderloin_JamesWyatt_SFS_51-2-scaled.jpg" alt="" class="wp-image-22694"/><figcaption>SFPD detain a man in the Tenderloin in San Francisco on April 14, 2021 | James Wyatt</figcaption></figure>
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SFPD detain a man in the Tenderloin in San Francisco on April 14, 2021 | James Wyatt

<figure class="wp-block-image size-large"><img height="1600" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/01/DocumentingTenderloin_JamesWyatt_SFS_51-2-scaled.jpg" alt="" class="wp-image-22694"/><figcaption>SFPD detain a man in the Tenderloin in San Francisco on April 14, 2021 | James Wyatt</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/01/DocumentingTenderloin_JamesWyatt_SFS_51-2-scaled.jpg" alt="" class="wp-image-22694"/><figcaption>SFPD detain a man in the Tenderloin in San Francisco on April 14, 2021 | James Wyatt</figcaption></figure>

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<figure class="wp-block-gallery has-nested-images columns-default is-cropped"><figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/01/DocumentingTenderloin_JamesWyatt_SFS_51-2-scaled.jpg" alt="" class="wp-image-22694"/><figcaption>SFPD detain a man in the Tenderloin in San Francisco on April 14, 2021 | James Wyatt</figcaption></figure></figure>

Cooperation with Police May Improve

<h2 class="wp-block-heading" id="h-cooperation-with-police-may-improve">Cooperation with Police May Improve</h2>

<h2 id="h-cooperation-with-police-may-improve">Cooperation with Police May Improve</h2>

Boudin’s relationship with the San Francisco Police Department has always been chilly, but it got bone cold in February. That’s because SFPD Chief Bill Scott walked away from a memorandum of understanding with the DA governing investigations into police shootings and other serious incidents.&nbsp;

Boudin’s relationship with the San Francisco Police Department has always been chilly, but it got bone cold in February. That’s because SFPD Chief Bill Scott walked away from a memorandum of understanding with the DA governing investigations into police shootings and other serious incidents.&nbsp;

The kerfuffle, which centers on an alleged failure to share information in a police misconduct case, has brought the two agencies to a level of dysfunction that will apparently culminate with a new DA.

The kerfuffle, which centers on an alleged failure to share information in a police misconduct case, has brought the two agencies to a level of dysfunction that will apparently culminate with a new DA.

Any new face heading the DA’s office would most likely improve relations with police.

Any new face heading the DA’s office would most likely improve relations with police.

Ultimately the choice remains a mystery.

Boudin recall: DA recall likely to slow criminal justice reforms and lead to office shakeup

Josh Koehn

<a href="https://sfstandard.com/politics/chesa-boudin-recall/">District Attorney Chesa Boudin</a>’s election in 2019 and the current effort to recall him both fit their times perfectly.

<a href="https://sfstandard.com/politics/chesa-boudin-recall/">District Attorney Chesa Boudin</a>’s election in 2019 and the current effort to recall him both fit their times perfectly.

The progressive prosecutor squeaked into office with a paper-thin plurality in 2019  as voters coalesced to advance an unprecedented experiment in criminal justice reform. In an election night statement dripping with bravado, Boudin said, “It’s time for radical change to how we envision justice.”

The progressive prosecutor squeaked into office with a paper-thin plurality in 2019 as voters coalesced to advance an unprecedented experiment in criminal justice reform. In an election night statement dripping with bravado, Boudin said, “It’s time for radical change to how we envision justice.”

Calls to “defund the police” were reverberating even before the election, helping to spur a summer of protests—largely peaceful but occasionally flaring into clashes with law enforcement—after the Minneapolis police killing of George Floyd. Boudin was busy molding the DA’s Office in his image, from abolishing <a href="https://www.sfdistrictattorney.org/policy/no-cash-bail/">cash bail</a> and gang enhancements to deprioritizing harsh sentences for drug dealing and quality of life crimes such as petty theft and public urination. He also went to work holding cops who break the law accountable.&nbsp;

Calls to “defund the police” were reverberating even before the election, helping to spur a summer of protests—largely peaceful but occasionally flaring into clashes with law enforcement—after the Minneapolis police killing of George Floyd. Boudin was busy molding the DA’s Office in his image, from abolishing <a href="https://www.sfdistrictattorney.org/policy/no-cash-bail/">cash bail</a> and gang enhancements to deprioritizing harsh sentences for drug dealing and quality of life crimes such as petty theft and public urination. He also went to work holding cops who break the law accountable.&nbsp;

But then the pandemic refused to abate. And priorities for many San Franciscans shifted, as they did for people around the country.&nbsp;

But then the pandemic refused to abate. And priorities for many San Franciscans shifted, as they did for people around the country.&nbsp;

On top of the anxieties that came with a global health crisis, certain categories of crime began to surge, with factors ranging from empty streets to viral videos of brazen crimes contributing to a sense that cities had grown less safe. Progressive prosecutors, and the social justice movement’s agenda more broadly, were suddenly on the defensive—and vulnerable to attack from a re-invigorated political right.

On top of the anxieties that came with a global health crisis, certain categories of crime began to surge, with factors ranging from empty streets to viral videos of brazen crimes contributing to a sense that cities had grown less safe. Progressive prosecutors, and the social justice movement’s agenda more broadly, were suddenly on the defensive—and vulnerable to attack from a re-invigorated political right.

In San Francisco, home burglaries and drug overdose deaths surged and smash-and-grab robberies conveyed images of a city out of control—even if, statistically, it remains one of the safer large cities in the country.&nbsp;

In San Francisco, home burglaries and drug overdose deaths surged and smash-and-grab robberies conveyed images of a city out of control—even if, statistically, it remains one of the safer large cities in the country.&nbsp;

A full-scale effort to recall Boudin began gathering tens of thousands of signatures in March 2021. That disjointed effort would fall short but showed enough political momentum to warrant a second go, leading <a href="https://sfstandard.com/politics/wealthy-individuals-stock-recall-da-chesa-boudin/">San Francisco’s deep-pocketed investor class</a> to successfully resurrect it.

A full-scale effort to recall Boudin began gathering tens of thousands of signatures in March 2021. That disjointed effort would fall short but showed enough political momentum to warrant a second go, leading <a href="https://sfstandard.com/politics/wealthy-individuals-stock-recall-da-chesa-boudin/">San Francisco’s deep-pocketed investor class</a> to successfully resurrect it.

Boudin is now the poster boy for the backlash against the progressive criminal justice reform agenda, though he is not alone in confronting a recall challenge. The efforts to sway voter sentiment in upcoming local and national elections do not appear coordinated in terms of dollars and contributors, but one common thread is a playbook Republicans have deftly used for decades: honing in on the sentiment—sometimes tinged with racism—that something is rotten in the state of Anywhere, U.S.A.

Boudin is now the poster boy for the backlash against the progressive criminal justice reform agenda, though he is not alone in confronting a recall challenge. The efforts to sway voter sentiment in upcoming local and national elections do not appear coordinated in terms of dollars and contributors, but one common thread is a playbook Republicans have deftly used for decades: honing in on the sentiment—sometimes tinged with racism—that something is rotten in the state of Anywhere, U.S.A.

And in deep-blue California cities especially, the dynamics of the state’s recall processes, with an up-or-down vote rather than a choice of candidates, can make it easier to depose a political enemy.&nbsp;

And in deep-blue California cities especially, the dynamics of the state’s recall processes, with an up-or-down vote rather than a choice of candidates, can make it easier to depose a political enemy.&nbsp;

George Gascón, who preceded Boudin as San Francisco’s district attorney before leaving for Los Angeles and defeating a more law-and-order incumbent in Jackie Lacey, will likely face his own recall in November.&nbsp;

George Gascón, who preceded Boudin as San Francisco’s district attorney before leaving for Los Angeles and defeating a more law-and-order incumbent in Jackie Lacey, will likely face his own recall in November.&nbsp;

In Philadelphia, District Attorney Larry Krasner, whose policies mirror many of Boudin’s, faced an onslaught of criticism for his <a href="https://www.phillypolice.com/crime-maps-stats/">city’s surge in homicides</a> and the <a href="https://www.nytimes.com/2018/10/10/magazine/kensington-heroin-opioid-philadelphia.html">deadly opioid epidemic</a>. GOP-sponsored state legislation crafted in 2020 to pave the way for his recall failed to pass, however, and he cruised to re-election in November with 69% of the vote.&nbsp;&nbsp;

In Philadelphia, District Attorney Larry Krasner, whose policies mirror many of Boudin’s, faced an onslaught of criticism for his <a href="https://www.phillypolice.com/crime-maps-stats/">city’s surge in homicides</a> and the <a href="https://www.nytimes.com/2018/10/10/magazine/kensington-heroin-opioid-philadelphia.html">deadly opioid epidemic</a>. GOP-sponsored state legislation crafted in 2020 to pave the way for his recall failed to pass, however, and he cruised to re-election in November with 69% of the vote.&nbsp;&nbsp;

PHILADELPHIA, PA - DECEMBER 30:   (L) Philadelphia District Attorney Larry Krasner reacts while being mentioned by Danielle Outlaw at a press conference announcing her as the new Police Commissioner on December 30, 2019 in Philadelphia, Pennsylvania. Outlaw, Philadelphia's first black female police commissioner, was previously the police chief in Portland, OR.  (Photo by Mark Makela/Getty Images)

<figure class="wp-block-image size-large"><img height="1667" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/06/Krasner_INLINE-2500x1667.jpg" alt="" class="wp-image-52660"/><figcaption>Philadelphia District Attorney Larry Krasner reacts while being mentioned by Danielle Outlaw at a press conference announcing her as the new Police Commissioner on Dec. 30, 2019, in Philadelphia. I Photo by Mark Makela, Getty Images</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/06/Krasner_INLINE-2500x1667.jpg" alt="" class="wp-image-52660"/><figcaption>Philadelphia District Attorney Larry Krasner reacts while being mentioned by Danielle Outlaw at a press conference announcing her as the new Police Commissioner on Dec. 30, 2019, in Philadelphia. I Photo by Mark Makela, Getty Images</figcaption></figure>

A similar effort to recall State Attorney Kim Foxx, who oversees the city of Chicago and Cook County, failed in the Illinois Legislature this spring. In New York, Manhattan DA Alvin Bragg became the target of a <a href="https://nypost.com/2022/01/12/petition-launched-to-oust-manhattan-da-alvin-bragg/">recall petition effort</a> in January, just a month after taking office, and <a href="https://www.nytimes.com/2021/08/02/us/politics/prosecutors-recall-virginia.html">three prosecutors in Northern Virginia</a> became the focus of a shadowy GOP recall effort last summer.

A similar effort to recall State Attorney Kim Foxx, who oversees the city of Chicago and Cook County, failed in the Illinois Legislature this spring. In New York, Manhattan DA Alvin Bragg became the target of a <a href="https://nypost.com/2022/01/12/petition-launched-to-oust-manhattan-da-alvin-bragg/">recall petition effort</a> in January, just a month after taking office, and <a href="https://www.nytimes.com/2021/08/02/us/politics/prosecutors-recall-virginia.html">three prosecutors in Northern Virginia</a> became the focus of a shadowy GOP recall effort last summer.

Boudin’s supporters say Republican actors are taking advantage of maelstroms in San Francisco, Los Angeles, Philadelphia, Chicago and other major cities to motivate a base of voters looking for villains to blame ahead of this year’s midterms and the 2024 presidential election.

Boudin’s supporters say Republican actors are taking advantage of maelstroms in San Francisco, Los Angeles, Philadelphia, Chicago and other major cities to motivate a base of voters looking for villains to blame ahead of this year’s midterms and the 2024 presidential election.

But a unique confluence of factors in San Francisco, where the overwhelming majority of voters are Democrats, have made it almost certain that the most progressive prosecutor in this city’s history will be the first domino to fall.

But a unique confluence of factors in San Francisco, where the overwhelming majority of voters are Democrats, have made it almost certain that the most progressive prosecutor in this city’s history will be the first domino to fall.

<h2 class="wp-block-heading" id="h-the-beginning-of-boudin-s-battle">The Beginning of Boudin’s Battle</h2>

<h2 id="h-the-beginning-of-boudin-s-battle">The Beginning of Boudin’s Battle</h2>

It was only weeks after Boudin was sworn in as district attorney that the far right went to work.

It was only weeks after Boudin was sworn in as district attorney that the far right went to work.

A website to recall Boudin was created, and conservative media outlet The Blaze suggested progressives and neo-Marxists were blushing at the thought of how the <a href="https://www.theblaze.com/news/chesa_boudin_fires_prosecutors">“unabashed socialist”</a> was reshaping the office. Fox News host Tucker Carlson featured Boudin in the final installment of a five-part series called “American Dystopia,” which cast the City by the Bay as a hellscape deserving of middle America’s scorn.&nbsp;

A website to recall Boudin was created, and conservative media outlet The Blaze suggested progressives and neo-Marxists were blushing at the thought of how the <a href="https://www.theblaze.com/news/chesa_boudin_fires_prosecutors">“unabashed socialist”</a> was reshaping the office. Fox News host Tucker Carlson featured Boudin in the final installment of a five-part series called “American Dystopia,” which cast the City by the Bay as a hellscape deserving of middle America’s scorn.&nbsp;

In one of the more implausible moments of the segment, a news crew in San Francisco supposedly came across a piece of U.S priority mail covered in feces with a ransom-style note reading, <a href="https://www.youtube.com/watch?v=HJUMoN68yx8">“Compliments of Chesa Boudin.”</a>&nbsp;

In one of the more implausible moments of the segment, a news crew in San Francisco supposedly came across a piece of U.S priority mail covered in feces with a ransom-style note reading, <a href="https://www.youtube.com/watch?v=HJUMoN68yx8">“Compliments of Chesa Boudin.”</a>&nbsp;

Since that time, Boudin has faced constant criticism. Questions were raised about Boudin’s management style—he <a href="https://www.sfgate.com/bayarea/article/SF-DA-Chesa-Boudin-fires-attorneys-14971336.php">fired seven prosecutors</a> after just two days on the job—and his charging decisions, and a focus on <a href="https://sfstandard.com/criminal-justice/explainer-da-boudin-is-sending-more-defendants-to-diversion/">diversion programs</a> made him vulnerable to <a href="https://www.sfchronicle.com/crime/article/Family-of-woman-killed-in-S-F-New-Year-s-hit-16272273.php">high-profile acts of recidivism</a>. Boudin’s bedside manner in public appearances played far less well than his more personal interactions, and efforts to increase victim and language services to the AAPI community won him little credit among <a href="https://www.sfchronicle.com/sf/bayarea/heatherknight/article/boudin-recall-victims-rights-17199645.php">families of crime victims</a>.

Since that time, Boudin has faced constant criticism. Questions were raised about Boudin’s management style—he <a href="https://www.sfgate.com/bayarea/article/SF-DA-Chesa-Boudin-fires-attorneys-14971336.php">fired seven prosecutors</a> after just two days on the job—and his charging decisions, and a focus on <a href="https://sfstandard.com/criminal-justice/explainer-da-boudin-is-sending-more-defendants-to-diversion/">diversion programs</a> made him vulnerable to <a href="https://www.sfchronicle.com/crime/article/Family-of-woman-killed-in-S-F-New-Year-s-hit-16272273.php">high-profile acts of recidivism</a>. Boudin’s bedside manner in public appearances played far less well than his more personal interactions, and efforts to increase victim and language services to the AAPI community won him little credit among <a href="https://www.sfchronicle.com/sf/bayarea/heatherknight/article/boudin-recall-victims-rights-17199645.php">families of crime victims</a>.

Eloise Fang, 5, holds a sign at a rally to recall San Francisco District Attorney Chesa Boudin at Portsmouth Square on Friday, May 28, 2021, in San Francisco, Calif. Paul Kuroda for The Standard.

<figure class="wp-block-image size-large"><img height="1667" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/06/YesOnH_INLINE2-2500x1667.jpg" alt="" class="wp-image-52663"/><figcaption>Eloise Fang, 5, holds a sign at a rally to recall San Francisco District Attorney Chesa Boudin at Portsmouth Square on May 28, 2021, in San Francisco. I Paul Kuroda for The Standard.</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/06/YesOnH_INLINE2-2500x1667.jpg" alt="" class="wp-image-52663"/><figcaption>Eloise Fang, 5, holds a sign at a rally to recall San Francisco District Attorney Chesa Boudin at Portsmouth Square on May 28, 2021, in San Francisco. I Paul Kuroda for The Standard.</figcaption></figure>

Boudin’s supporters have argued that they’re facing disinformation campaigns, from <a href="https://sfstandard.com/criminal-justice/data-offer-clues-on-san-franciscos-crime-paradox-police-chief-and-academics-have-some-ideas-too/">distorted data</a> on crime to criticism on societal problems—such as homelessness and drug addiction—that are as American as apple pie and mass shootings.

Boudin’s supporters have argued that they’re facing disinformation campaigns, from <a href="https://sfstandard.com/criminal-justice/data-offer-clues-on-san-franciscos-crime-paradox-police-chief-and-academics-have-some-ideas-too/">distorted data</a> on crime to criticism on societal problems—such as homelessness and drug addiction—that are as American as apple pie and mass shootings.

“When the recall points the finger at Chesa Boudin on everything that is wrong with San Francisco, not only is it wrong on the facts and the merits, but it’s also dangerous because it distracts from the conversation and doesn’t move anything forward,” said Julie Edwards, a spokesperson for Boudin’s anti-recall campaign.

“When the recall points the finger at Chesa Boudin on everything that is wrong with San Francisco, not only is it wrong on the facts and the merits, but it’s also dangerous because it distracts from the conversation and doesn’t move anything forward,” said Julie Edwards, a spokesperson for Boudin’s anti-recall campaign.

Attempts to reform the criminal justice system are far from new, but the current recall battles are a relatively recent phenomena. In the mid-2010s, progressive billionaire George Soros joined forces with the ACLU and other Democratic and social justice activists to create <a href="https://www.latimes.com/local/california/la-me-prosecutor-campaign-20180523-story.html">a consortium to recreate the criminal justice system</a> from the inside out.

Attempts to reform the criminal justice system are far from new, but the current recall battles are a relatively recent phenomena. In the mid-2010s, progressive billionaire George Soros joined forces with the ACLU and other Democratic and social justice activists to create <a href="https://www.latimes.com/local/california/la-me-prosecutor-campaign-20180523-story.html">a consortium to recreate the criminal justice system</a> from the inside out.

The Soros-led group backed the electoral campaigns of district attorneys that might previously have been seen as underdogs or too far to the left, although Boudin was not among those to receive the group’s support.

The Soros-led group backed the electoral campaigns of district attorneys that might previously have been seen as underdogs or too far to the left, although Boudin was not among those to receive the group’s support.

Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies at The Heritage Foundation, a conservative think tank, has been one of the more prolific writers in documenting what he and others on the right call the “rogue prosecutor movement.”

Zack Smith, a legal fellow for the Meese Center for Legal and Judicial Studies at The Heritage Foundation, a conservative think tank, has been one of the more prolific writers in documenting what he and others on the right call the “rogue prosecutor movement.”

“DA races are typically low-dollar affairs, often the incumbent runs and isn’t challenged,” he said. “(The Soros-led group) figured out relatively quickly, all things considered, they could get more bang for their buck by funding district attorneys instead of these other races. The DA in many ways is the lynchpin to the criminal justice system.”

“DA races are typically low-dollar affairs, often the incumbent runs and isn’t challenged,” he said. “(The Soros-led group) figured out relatively quickly, all things considered, they could get more bang for their buck by funding district attorneys instead of these other races. The DA in many ways is the lynchpin to the criminal justice system.”

Smith said it is “nonsense” that the GOP is using the recalls as a ploy to win votes.

Smith said it is “nonsense” that the GOP is using the recalls as a ploy to win votes.

“I think Boudin and these other rogue prosecutors have a policy and messaging problem,” Smith said. “Whenever you message that you&#8217;re not going to charge certain crimes, it encourages lawlessness.”

“I think Boudin and these other rogue prosecutors have a policy and messaging problem,” Smith said. “Whenever you message that you're not going to charge certain crimes, it encourages lawlessness.”

“I think Boudin and these other rogue prosecutors have a policy and messaging problem,” Smith said. “Whenever you message that you&#8217;re not going to charge certain crimes, it encourages lawlessness.”

Udi Ofer, a deputy national political director of the ACLU and director of the ACLU&#8217;s Justice Division, said the effort to oust Boudin and other progressive prosecutors through recall elections—sidestepping the normal election cycle by spending money to collect signatures for a ballot measure—is in many ways a natural counter-strike for conservatives.&nbsp;

Udi Ofer, a deputy national political director of the ACLU and director of the ACLU's Justice Division, said the effort to oust Boudin and other progressive prosecutors through recall elections—sidestepping the normal election cycle by spending money to collect signatures for a ballot measure—is in many ways a natural counter-strike for conservatives.&nbsp;

Udi Ofer, a deputy national political director of the ACLU and director of the ACLU&#8217;s Justice Division, said the effort to oust Boudin and other progressive prosecutors through recall elections—sidestepping the normal election cycle by spending money to collect signatures for a ballot measure—is in many ways a natural counter-strike for conservatives.&nbsp;

“What’s happening in San Francisco is not a bubble in itself,” Ofer said.

“What’s happening in San Francisco is not a bubble in itself,” Ofer said.

<h2 class="wp-block-heading" id="h-the-gop-playbook-and-the-pendulum">The GOP Playbook and the Pendulum</h2>

<h2 id="h-the-gop-playbook-and-the-pendulum">The GOP Playbook and the Pendulum</h2>

A review of campaign disclosure forms for the efforts to recall Boudin and Gascón did not show any noticeable overlap in contributors, but the dollar amounts are striking. More than $6 million has been spent to oust Boudin, while the committee to recall Gascón has already spent more than $2.5 million in an ongoing effort to qualify for the ballot.

A review of campaign disclosure forms for the efforts to recall Boudin and Gascón did not show any noticeable overlap in contributors, but the dollar amounts are striking. More than $6 million has been spent to oust Boudin, while the committee to recall Gascón has already spent more than $2.5 million in an ongoing effort to qualify for the ballot.

Wealthy conservatives have donated to both races, but hundreds of small-dollar donations are also pouring in from Democrats. The organizers behind the effort to recall Gascón are different from the venture capitalists propelling Boudin’s recall in San Francisco. Gascón’s critics include a highly vocal group of mothers to murder victims, as well as more aggressive involvement from law enforcement, including in the prosecutor&#8217;s in his own office. But the messaging in both recalls, as well as elsewhere, is consistent.

Wealthy conservatives have donated to both races, but hundreds of small-dollar donations are also pouring in from Democrats. The organizers behind the effort to recall Gascón are different from the venture capitalists propelling Boudin’s recall in San Francisco. Gascón’s critics include a highly vocal group of mothers to murder victims, as well as more aggressive involvement from law enforcement, including in the prosecutor's in his own office. But the messaging in both recalls, as well as elsewhere, is consistent.

Wealthy conservatives have donated to both races, but hundreds of small-dollar donations are also pouring in from Democrats. The organizers behind the effort to recall Gascón are different from the venture capitalists propelling Boudin’s recall in San Francisco. Gascón’s critics include a highly vocal group of mothers to murder victims, as well as more aggressive involvement from law enforcement, including in the prosecutor&#8217;s in his own office. But the messaging in both recalls, as well as elsewhere, is consistent.

Los Angeles, CA - May 25: Los Angeles County District Attorney George Gascon addresses police accountability and the actions taken by his office to restore trust in the community during a press conference on Wednesday, May 25, 2022 in Los Angeles, CA. (Brian van der Brug / Los Angeles Times via Getty Images)

<figure class="wp-block-image size-large"><img height="1852" width="2500" src="https://content.sfstandard.com/wp-content/uploads/2022/06/Gascon_INLINE-2500x1852.jpg" alt="" class="wp-image-52666"/><figcaption>Los Angeles County District Attorney George Gascón addresses police accountability and actions taken by his office to restore trust in the community during a press conference May 25, 2022, in Los Angeles I Brian van der Brug, Los Angeles Times via Getty Images</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/06/Gascon_INLINE-2500x1852.jpg" alt="" class="wp-image-52666"/><figcaption>Los Angeles County District Attorney George Gascón addresses police accountability and actions taken by his office to restore trust in the community during a press conference May 25, 2022, in Los Angeles I Brian van der Brug, Los Angeles Times via Getty Images</figcaption></figure>

“It’s in the Republican playbook to fear-monger anyone who wants to implement progressive criminal justice policy,” said Jessica Brand, founder of the Wren Collective, an education and policy organization made up of former public defenders.&nbsp;

“It’s in the Republican playbook to fear-monger anyone who wants to implement progressive criminal justice policy,” said Jessica Brand, founder of the Wren Collective, an education and policy organization made up of former public defenders.&nbsp;

Fordham University professor John Pfaff published an article in the New Republic last summer addressing the question of whether progressive prosecutors in the U.S. would ever be able to enact their agenda in the face of surging violent crime during the pandemic.&nbsp;

Fordham University professor John Pfaff published an article in the New Republic last summer addressing the question of whether progressive prosecutors in the U.S. would ever be able to enact their agenda in the face of surging violent crime during the pandemic.&nbsp;

In the piece, he noted the book “Breaking the Pendulum,” which argues that massive shifts in criminal justice policy are driven not by annual crime stats, but rather “broader economic, cultural, and political transformations.”

In the piece, he noted the book “Breaking the Pendulum,” which argues that massive shifts in criminal justice policy are driven not by annual crime stats, but rather “broader economic, cultural, and political transformations.”

“In any such seeming phase,” Pfaff writes, “the ‘out’ group is constantly pushing to reverse the policies it dislikes. At some point, often for reasons unrelated to crime, macro-level conditions change, and if the out group is ready to exploit those changes—which is not always the case—then policy shifts.”

“In any such seeming phase,” Pfaff writes, “the ‘out’ group is constantly pushing to reverse the policies it dislikes. At some point, often for reasons unrelated to crime, macro-level conditions change, and if the out group is ready to exploit those changes—which is not always the case—then policy shifts.”

Ofer, of the ACLU, noted a study by the <a href="https://www.thirdway.org/report/the-red-state-murder-problem">Third Way Organization</a>, which focused on homicide rates in red states versus blue states and found that homicide rates were 40% higher in the 25 states that Trump won compared to the 25 states that President Biden won. These prosecutors, however, have not been targeted in the same manner as DAs in more blue states and cities.

Ofer, of the ACLU, noted a study by the <a href="https://www.thirdway.org/report/the-red-state-murder-problem">Third Way Organization</a>, which focused on homicide rates in red states versus blue states and found that homicide rates were 40% higher in the 25 states that Trump won compared to the 25 states that President Biden won. These prosecutors, however, have not been targeted in the same manner as DAs in more blue states and cities.

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