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In My Opinion
Gascón’s Final Stand: Will Lame Duck D.A. Wreak More Havoc Before Leaving Office?
By Steve Cooley and Kathy Cady
(Cooley was district attorney of Los Angeles County from 2000-2012, Cady is a former deputy district attorney and is presently a victims’ rights advocate.)
On Nov. 5, the voters spoke decisively: George Gascón was ousted in a landslide, losing to Nathan Hochman by an overwhelming margin of more than 61%. However, Gascón will cling to his power as district attorney until 11:59 a.m. on Monday, Dec. 2. This leaves him nearly a month as a “lame duck”—a month in which he could continue to enact policies that jeopardize public safety and disrespect the office he has already tainted.
Gascón’s term has been defined by reckless leadership, a catastrophic lack of experience, and policies that have devastated the morale of the District Attorney’s Office. Crime rates have soared, and his administration has faced unprecedented lawsuits over discriminatory staffing decisions. Worst of all, victims have been left abandoned in his misguided attempts at “criminal justice reform.” The question now looms: how much more harm can Gascón inflict in his final days, and what can be done to limit the damage?
A responsible leader would collaborate with his successor to ensure a smooth transition. But given his history, many fear Gascón will choose vindictiveness over responsibility. As one of his close allies famously tweeted, Gascón’s approach to law enforcement has been to “Burn that s—t down.” Recent decisions on high-profile cases appear motivated not by justice but by his desperate bid for media attention before an election he could never win on his record.
Inside the DA’s Office, career prosecutors are bracing for more retaliation. They worry Gascón will continue to release dangerous criminals onto the streets and target his political enemies—most notably, law enforcement officers he has vilified throughout his tenure. For four years, Gascón’s administration has betrayed the ethical obligations of the DA’s Office, with former public defenders acting more as allies to the defense than advocates for the people. They’ve disregarded victims and the next of kin of murder victims, abandoning their sworn duty to seek justice.
Gascón’s recent actions suggest he has no intention of honoring his oath in his remaining days. How can his final, destructive impulses be curtailed? The answer is simple: career deputy district attorneys must stand firm. They should refuse to follow orders that are unlawful or compromise public safety. Judges, too, must be vigilant. They should anticipate a wave of last-minute resentencing requests, dubious plea deals, and motions that could erode public trust in the criminal justice system. They have the authority to halt actions that serve no purpose other than Gascón’s vendetta-driven agenda.
As one judge aptly noted, “[Gascón] is an elected official who must comply with the law, not a sovereign with absolute, unreviewable discretion.” Judges, prosecutors, and all stewards of justice must hold firm to prevent further harm. The voters have made their choice; now it’s up to those remaining to ensure the people’s will prevails and justice is upheld during Gascón’s final days in office.