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DAs breaking bad: Marilyn Mosby’s conviction shines light on prosecutorial malfeasance

Former Baltimore City State’s Attorney Marilyn Mosby was once tasked with putting lawbreakers behind bars, and soon she’ll be joining them.

The 44-year-old Democrat faces up to 40 years in prison after being found guilty of mortgage fraud last week and two counts of perjury in November related to her purchase of two vacation homes in Florida — a stunning fall from grace for one of the first social justice prosecutors backed by billionaire George Soros.

Her conviction has come as district attorneys are facing heightened scrutiny over their political agendas as well as potential legal and ethical lapses.



Leading the list is Fulton County District Attorney Fani Willis in Georgia, who’s fighting efforts to dismiss an election-interference indictment against former President Donald Trump and 18 others over her romantic relationship with Nathan Wade, the lawyer she hired as special prosecutor.

Ms. Willis’ office has paid about $650,000 since January 2023 to the firm of Mr. Wade, who picked up the tab for some of their vacation expenses. She has acknowledged the relationship, but argued in a court filing last week that there are no grounds for dismissing the charges or removing her from the case.

“While the allegations raised in the various motions are salacious and garnered the media attention they were designed to obtain, none provide this Court with any basis upon which to order the relief they seek,” reads the filing in Fulton County Superior Court.

Rep. Marjorie Taylor Greene, Georgia Republican, filed a complaint last week with the Georgia State Ethics Commission, accusing Ms. Willis of failing to file personal financial disclosure statements.

In California, Oakland District Attorney Pamela Price has come under criticism for hiring her boyfriend, Antwon Cloird, as a senior program analyst for a salary of $115,502, a position that was not publicly advertised, as first reported by the East Bay Times.

Elected in November 2022, Ms. Price is also the focus of a recall campaign over her “refusing to charge cases, lowering sentences, and gutting the District Attorney’s Office of experienced, competent prosecutors,” according to Save Alameda For Everyone, the recall committee.

She has defended her record, saying she ran on a platform of “justice with compassion where it’s appropriate.”

For prosecutors accused of criminal wrongdoing, losing their jobs is often only the beginning. Recent high-profile cases include:

• In Pennsylvania, former Bradford County District Attorney Chad Salsman, a Republican, pleaded guilty in 2021 to promoting prostitution and intimidating witnesses after being accused of pressuring clients for sex when he was a defense attorney. He is slated to be released later this month after nearly two years in prison.

• In Georgia, former Glynn County District Attorney Jackie Johnson, a Republican, was indicted in 2021 on charges of violating her oath of public office and obstructing police in the case of Ahmaud Arbery, the Black man shot and killed by two White men who chased him in their pick-up truck. She has pleaded not guilty.

• In Pennsylvania, former Somerset County District Attorney Jeffrey Thomas, a Republican, was sentenced in August to 2¼ to 7 years in prison after being found guilty of charges related to a 2021 attack on a woman in her home.

George Brauchler, former district attorney for the 18th Judicial District in Colorado, said prosecutors handling major national cases will inevitably find their own conduct under the microscope.

“If you look at Fani Willis and Mosby, these people are in the spotlight. The Freddie Gray case? What was bigger than that at the time? It was huge. Prosecuting the former president?” said Mr. Brauchler. “So any missteps they make are going to be amplified 100-fold.”

He also said he believes those committing infractions represent a small minority of all prosecutors.

“I don’t think that’s the majority. I think it’s the vast minority,” said Mr. Brauchler, who’s a candidate for district attorney in the newly created 23rd Judicial District. “Most of the attorneys out there, most of the ones I’ve worked with, are really upstanding folks who are trying to do the right thing.”

District attorneys became lightning rods for political controversy with the rise of the so-called “Soros DAs,” those elected on a progressive criminal justice platform with campaign funding help from Mr. Soros.

Seventy such prosecutors are now serving in office, according to the Law Enforcement Legal Defense Fund’s interactive map, while 12 have left office after being removed, defeated or resigning.

Mosby, who was defeated in the 2022 Democratic primary after serving two terms, was perhaps best known for charging six Baltimore officers in the 2015 death of Freddie Gray, who died of spinal injuries in police custody. None of the officers was convicted.

Her sentencing is scheduled for May 23. She also faces disbarment, which would prevent her from practicing law in Maryland.

Mr. Brauchler emphasized that district attorneys must be held to the same legal standard as everyone else.

“I think it hurts the reputation, but I want to see them prosecuted,” he said. “I want to see that publicized, I want to see their punishment publicized, because I think people need to know: Nobody is above the law. If a top prosecutor breaks the law, you get prosecuted just like everybody else. They need to see that.”



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