The U.S. Attorney's hidden role in undermining DC's gun laws

[Anonymous]

Another enraging piece from the excellent DC Crime Facts Substack

https://dccrimefacts.substack.com/p/the-us-attorneys-hidden-role-in-undermining?utm_source=substack&utm_medium=email&utm_campaign=email-restack-comment&r=2e&triedRedirect=true

Last week the DC Sentencing Commission released their Annual Report, which is one of our only data sources for what happens to cases after police make an arrest. Without this data we would never know that 79% of adults arrested with illegal guns in DC get away without any felony conviction. More than 2,000 gun cases over the last two years were either never prosecuted, dropped or pled down to lesser charges without any public scrutiny of DC’s prosecutor. This report (and similar excellent analyses by the Commission’s staff) are crucial for understanding how prosecutors and judges apply the laws on the books and getting beyond the vibes-based spin that dominates DC crime discourse. The report especially highlights the gap between how the United States Attorney’s Office (USAO) acts in court vs. their poll-tested “tough on crime” public rhetoric. With kids as young as 3 years old being killed in shootings, we desperately need some accountability for our unelected prosecutor who has undermined all of DC’s local efforts to reduce gun violence.

[Anonymous]

The crime surge we experienced last year was based on a deliberate choice to give up on prosecuting gun crimes. I have no idea why, this path was chosen, but it did not have to be that way.

[Anonymous]

This is infuriating.

[Anonymous]

Thank you for sharing this.

[Anonymous]

It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024):
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.

[Anonymous]

Anonymous wrote:Another enraging piece from the excellent DC Crime Facts Substack

https://dccrimefacts.substack.com/p/the-us-attorneys-hidden-role-in-undermining?utm_source=substack&utm_medium=email&utm_campaign=email-restack-comment&r=2e&triedRedirect=true

Last week the DC Sentencing Commission released their Annual Report, which is one of our only data sources for what happens to cases after police make an arrest. Without this data we would never know that 79% of adults arrested with illegal guns in DC get away without any felony conviction. More than 2,000 gun cases over the last two years were either never prosecuted, dropped or pled down to lesser charges without any public scrutiny of DC’s prosecutor. This report (and similar excellent analyses by the Commission’s staff) are crucial for understanding how prosecutors and judges apply the laws on the books and getting beyond the vibes-based spin that dominates DC crime discourse. The report especially highlights the gap between how the United States Attorney’s Office (USAO) acts in court vs. their poll-tested “tough on crime” public rhetoric. With kids as young as 3 years old being killed in shootings, we desperately need some accountability for our unelected prosecutor who has undermined all of DC’s local efforts to reduce gun violence.

have you considered that it is because of the second and fourth amendment you racist

[Anonymous]

Yes because otherwise law abiding citizens are getting caught with guns.

[Anonymous]

Anonymous wrote:It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024):
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.

Can you give a layperson's explanation of what this means?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024):
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.

Can you give a layperson's explanation of what this means?

It basically means that cops don't have "probable cause" to search for a gun in lots of cases where the layperson would assume they have probable cause.

In the Champion case, the DC cops noticed a visibly nervous passenger in a car. They asked the passenger to get out of the car, he acquiesced. But he took off and left his jacket inside the car before getting out. The cops thought this was suspicious and searched the jacket in the car, finding an unregistered handgun in the jacket. The DC Court of Appeals stated this search violated the 4th Amendment. Not only did the DC Court of Appeals throw out the conviction, but stated that the hiding of contraband from police is not grounds for the police to have reasonable suspicion to search an individual or his property (car, home, etc). It's a pretty radical reading of the 4th Amendment.

In short, cops cannot act on their long-honed instincts and secure a conviction. The bar for attaining a conviction - and having it withstand appeal - is now extremely high in DC for illegal gun cases.

This ruling only applies in jurisdictions covered by the DC Court of Appeals - that is, DC. So that's why you prosecutors in MD and VA being able to charge similar gun possession crimes under their state laws, while the USAO is holding back on charging.

The incentives to charge for gun crimes are being throttled by the DC Court of Appeals.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024):
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.

Can you give a layperson's explanation of what this means?

It basically means that cops don't have "probable cause" to search for a gun in lots of cases where the layperson would assume they have probable cause.

In the Champion case, the DC cops noticed a visibly nervous passenger in a car. They asked the passenger to get out of the car, he acquiesced. But he took off and left his jacket inside the car before getting out. The cops thought this was suspicious and searched the jacket in the car, finding an unregistered handgun in the jacket. The DC Court of Appeals stated this search violated the 4th Amendment. Not only did the DC Court of Appeals throw out the conviction, but stated that the hiding of contraband from police is not grounds for the police to have reasonable suspicion to search an individual or his property (car, home, etc). It's a pretty radical reading of the 4th Amendment.

In short, cops cannot act on their long-honed instincts and secure a conviction. The bar for attaining a conviction - and having it withstand appeal - is now extremely high in DC for illegal gun cases.

This ruling only applies in jurisdictions covered by the DC Court of Appeals - that is, DC. So that's why you prosecutors in MD and VA being able to charge similar gun possession crimes under their state laws, while the USAO is holding back on charging.

The incentives to charge for gun crimes are being throttled by the DC Court of Appeals.

Is there anything that can be done to change the unfortunate precedent set by the DC Court of Appeals?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024):
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.

Can you give a layperson's explanation of what this means?

It basically means that cops don't have "probable cause" to search for a gun in lots of cases where the layperson would assume they have probable cause.

In the Champion case, the DC cops noticed a visibly nervous passenger in a car. They asked the passenger to get out of the car, he acquiesced. But he took off and left his jacket inside the car before getting out. The cops thought this was suspicious and searched the jacket in the car, finding an unregistered handgun in the jacket. The DC Court of Appeals stated this search violated the 4th Amendment. Not only did the DC Court of Appeals throw out the conviction, but stated that the hiding of contraband from police is not grounds for the police to have reasonable suspicion to search an individual or his property (car, home, etc). It's a pretty radical reading of the 4th Amendment.

In short, cops cannot act on their long-honed instincts and secure a conviction. The bar for attaining a conviction - and having it withstand appeal - is now extremely high in DC for illegal gun cases.

This ruling only applies in jurisdictions covered by the DC Court of Appeals - that is, DC. So that's why you prosecutors in MD and VA being able to charge similar gun possession crimes under their state laws, while the USAO is holding back on charging.

The incentives to charge for gun crimes are being throttled by the DC Court of Appeals.

Did the USAO write this post? I'm sure that there are plenty of gun crimes that can be charged that don't involve an illegal search of a car. This is just more BS finger pointing. Do your job.

[Anonymous]

Does the USAO provide any data on why cases are dropped? If they want to be helpful partners, they should. If they can't or won't, they need to go.

[Anonymous]

Anonymous wrote:The crime surge we experienced last year was based on a deliberate choice to give up on prosecuting gun crimes. I have no idea why, this path was chosen, but it did not have to be that way.

Racial equity.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The crime surge we experienced last year was based on a deliberate choice to give up on prosecuting gun crimes. I have no idea why, this path was chosen, but it did not have to be that way.

Racial equity.

Do you think your funny by posting this? This is like a bad joke my uncle was making in 2020

[Anonymous]

Anonymous wrote:Does the USAO provide any data on why cases are dropped? If they want to be helpful partners, they should. If they can't or won't, they need to go.

Not sure if they do, but the obvious answer given the COA cases is that it's because they can't successfully prosecute in a lot of these cases. Federal prosecutors have an extremely high prosecution rate. They're not going to sacrifice it (and thereby their careers).