By Earl Ofari Hutchinson
Contributing Columnist
Polls have consistently shown that Los Angeles County District Attorney George Gascón is not only in trouble in his reelection bid Nov. 5, but may go down to a crashing defeat.
His opponent, former federal prosecutor and assistant U.S. Attorney Nathan Hochman has surged to the top in the district attorney race almost exclusively on one issue: crime. He has loudly promised to do what he claims that Gascon won’t do: crack down on violent criminals.
Hochman understands that the law-and-order mania, crime in the streets, lawless anarchy theme will always stoke fear, anxiety, passions and anger. Countless law and order drum beaters harking back to Richard Nixon in 1968 have well understood this issue is a surefire vote getter. As Hochman has amply shown, it’s no different this time around.
Hochman has two added advantages. One he could ride the crest of Proposition 36, which toughens penalties for repeat offenders and from poll indications will pass overwhelmingly. That was a heaven-sent initiative for a district attorney candidate hoping to bag votes from fearful residents.
The second advantage Hochman has is Gascón. Hochman has relentlessly ripped Gascón as a district attorney who has practically created a permanent wide-open door to let violent criminals back on the streets to sow terror in their communities.
Hochman’s restore the rule of law campaign is capitalizing on a public up in arms on an issue. He draws political strength from the well-funded and well-orchestrated campaign by prison guard associations, police unions, victims’ rights groups, disgruntled deputy district attorneys and a legion of conservative talking heads to nail Gascón. It’s a near textbook fear-mongering campaign stuffed with the usual healthy dose of half-truths, distortions and out-and-out lies about Gascón’s proposed reforms.
Gascón’s greatest sin to them is that he believes district attorneys should not simply be about the business of locking up as many folk as possible, the overwhelming majority of whom are poor, Black, and Hispanic. He is one of an increasing number of reform-minded district attorneys nationally who believe that equal protection under the law is something more than just noble words on a scrap of paper. It means enforcing the law in a fair, impartial, even-handed, and — most importantly — just way.
This is just the starting point to try and make sense of why a guy who almost the moment he took office has raised the hackles of the right and the old guard law enforcement establishment. Traditionally, district attorneys are a hard and fast extension of policing. Their mandate is a single-minded focus on prosecutions, convictions and maximum incarceration for offenders.
That tunnel vision approach to the criminal justice system has made them virtually immune to any talk of reform, which would mean finding ways to provide services and support to at-risk individuals to prevent criminal activity and reduce the chance of recidivism.
Traditionally, district attorneys have another mandate. That is to turn as blind an eye as possible to police misconduct.
Cops who beat, maim and even kill under the color of law in even the most dubious circumstances know that they have a virtual open pass from district attorneys who will not prosecute them. The pass holds even when the rare times that police officials request a prosecution, the answer is still no.
District attorneys know that if they start holding cops that break the law accountable, there will be a loud howl from police unions. They will suddenly find themselves the target of a relentless big-money campaign to dump them from office. Few district attorneys have the stomach to risk that.
No surprise then that district attorneys have been the loudest proponents of get tough three-strikes laws. With few exceptions, district attorney also were the loudest in protesting any relaxing or outright repeal of three-strikes laws.
Then there’s the public. Nearly two dozen cities in Los Angeles County voted “no confidence” in Gascón. They repeatedly cited public concern over alleged rising crime as their rationale for going after him.
This is an easy card to play. Simply mention crime and that always stirs anxiety and terror among many.
The fear card is even easier to play with middle-class to wealthy people, business owners and homeowners. Toss in the conjured image of packs of poor young Blacks and Hispanics running roughshod through their neighborhoods, and that part of the public is off to the races demanding a crack down.
The bunch of cities that targeted Gascón will continue to play hard on the crime fear. They will back Hochman to the hilt.
This is not to say Gascón has not made mistakes. To some, his failure to prosecute some repeat offenders, and violence prone youth have clearly set off justifiable warning bells. He has not been the best one to explain consistently what his reforms in the district attorney’s office are meant to do and how they will not jeopardize public safety.
His record on prosecuting bad cops despite his promise of a crackdown on police misconduct has been spotty and inconsistent. These lapses have made him an inviting target for derision and possibly ouster from office.
The burning question for both Hochman and Gascón still remains if elected or reelected will you wield the law with an even hand for and against those who wantonly break the law and that includes those who wear a badge and uniform? If so, that’s the district attorney candidate voters should keep.
Earl Ofari Hutchinson is an author and political analyst. His latest book is “Kamala!” (Middle Passage Press). He also is the host of The Hutchinson Report Facebook Livestream.
