Just because it’s normal, doesn’t mean it’s right


Philadelphia has had an interesting election regarding their District Attorney. Larry Krasner won the contest, but his career isn’t as a prosecutor–it’s as a defense attorney. Krasner’s platform highlighted the many ways in which the American justice system is abused and promised to end these practices. But what is bizarre is that the media is covering him like it’s a total surprise he’d gut dozens of state prosecution positions for their role in this abuse, despite him explicitly saying this was his agenda.

The Inquirer is not alone. At The Philadelphia Citizen, co-Executive Director Larry Platt compared an inexperienced Krasner to Trump and Oprah, lampooning his “amateurish first week,” pointing to the “freaked out Assistant District Attorneys” blowing up his phone. “It had,” he hyperbolically suggested, “the feel of an authoritarian (Trump-like?) purge.” But the Trump comparisons will fall flat. Most Philadelphians hate Trump, and they voted for Krasner in a landslide. And though Philadelphians voted against typical prosecutorial expertise in carrying out systematic justice, Krasner has considerable experience in the Philadelphia criminal justice system as a defense attorney. What’s more, Trump is a monstrous bigot fomenting a smokescreen of fear and hate to advance a war against poor people. By contrast, Krasner has pledged to do his part to fight back on the other side.

The Inquirer’s coverage is not just anti-Krasner; it is bad reporting, featuring fundamental oversights that shouldn’t appear in the city’s paper of record. First, the coverage is premised on the belief that Krasner was acting in bad faith — that he jettisoned people like Notaristefano for no good reason — and worse yet, that he has no real interest in securing justice. It didn’t seem to occur to the paper that Krasner might have a serious problem with the way that Notaristefano was prosecuting cases or about his overall track record.

Second, The Inquirer seems dumbstruck that Krasner’s own personal impression of prosecutors played a role in their ouster. But Krasner has spent decades in the court system, giving him a front row seat to how prosecutors play dirty by, say, turning a blind eye to brazenly lying cops or unconstitutionally hiding evidence from the defense. Why shouldn’t this sort of information, combined with what he has learned from others in the legal system, inform his personnel decisions?

Third, the coverage betrays a basic misreading of what district attorneys do. The presumption at work is that the district attorney’s office is a technocratic one rather than a political force that wields incredible discretionary power over people’s lives and liberty. Consider that no one would ever fault a president, governor or mayor for excusing functionaries who were hostile to their mission, and installing a new team. The technocratic conception of the district attorney’s office is a smokescreen obscuring the regular operation of mass incarceration: seeking maximum sentences for huge numbers of people at whatever cost, however ethically repugnant or legally dubious. That the status quo was normal did not make it right.

Read more here.

-Shiv