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In the crowded race for D.A., who can break out of the pack to challenge George Gascón?

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In the crowded race for D.A., who can break out of the pack to challenge George Gascón?

The candidates vying to become L.A. County’s next district attorney could barely fit on stage together for a debate.

Scrunched into a dozen studio chairs that left political foes and ideological opposites inches apart at the Waldorf Astoria Beverly Hills, the largest field of contenders ever to run for the office spent close to an hour slogging through opening statements. The candidates — mostly longtime judges and prosecutors — challenging Dist. Atty. George Gascón cried out for microphone time, which they mainly used to deliver messages as similar as their resumes.

Former federal prosecutor Jeff Chemerinsky said his “No. 1 priority is public safety.” Deputy Dist. Atty. Jonathan Hatami is running to “make sure your children are safe.” L.A. County Superior Court Judge Debra Archuleta asked if voters were “safer now than they were three years ago.”

Challenger Deputy Dist. Atty. Jonathan Hatami.

(Francine Orr / Los Angeles Times)

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Between the packed stage and a feisty crowd that occasionally interrupted the discussion, the Feb. 8 event left little room for substantive policy discussion.

In some ways, the forum reflected the state of the race: crowded, chaotic and confusing for voters. Recent polls indicate many Angelenos are fed up with Gascón and anxious about crime, yet two-thirds of voters remain undecided in the March primary, according to a recent USC/Dornsife poll.

Though Gascón is likely to glide into the general election, observers believe he is vulnerable in November. But the tight pack has made it hard for a true threat to emerge, with no challengers rising above single digits in polls.

“I think a lot of the other candidates smell blood in the water, hence they are hopping in this thing just to see what would happen,” said political consultant Brian Van Riper, who is not involved in the race. “The interesting question is: How do they pop through?”

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Nearly all of the challengers want to roll back some or all of Gascón’s restrictions on the use of the death penalty, sentencing enhancements and prosecuting juveniles as adults. The test is to find a way to stand out not from the district attorney but one another — without pulling too far right of an increasingly progressive L.A. electorate.

Standing head and shoulders above the pack in fundraising is Nathan Hochman, the onetime Republican candidate for state attorney general who is now running as an independent to “get politics out” of the D.A.’s office. Hochman has raised well over $1.5 million and bought television advertisements that often prove key in communicating with L.A. County’s more than 5 million registered voters.

Hochman is a longtime federal prosecutor and defense attorney who once served as president of the L.A. Ethics Commission, and his fundraising prowess could prove pivotal in a November matchup with Gascón, who pulled in $12.4 million when he ousted Jackie Lacey in 2020.

Challenger Nathan Hochman.

(Robert Gauthier / Los Angeles Times)

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Arguing that he’s been miscast as the conservative in the race, Hochman described his politics as “socially moderate” and his approach to criminal justice as “the hard middle.”

He said his approach requires figuring out “who the true threats are to public safety and have to go to jail, and quite honestly the ones that aren’t.” A first time, nonviolent offender, he said, “still has to be held accountable for their actions, but community service or diversion might be the play.”

Hochman wears his defense background as a mark of distinction in a race against many experienced prosecutors. He has called for expanded use of mental health and drug courts to push lower level offenders into treatment, but has also made aggressive prosecution of fentanyl dealers a hallmark of his campaign message.

Hochman bristles at any suggestion that he’s too conservative for L.A.’s electorate. He says he’s never voted for Donald Trump, but he sometimes talks about crime in apocalyptic terms that echo right-wing criticisms of California, frequently comparing L.A. to “Gotham City.” He has accused Gascón of ushering in “the golden age of criminals.”

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Gerard Marcil, a Republican mega-donor who pumped significant funds into campaigns to recall Gov. Gavin Newsom and Gascón, has given a quarter of a million dollars to a committee supporting Hochman. Hochman‘s campaign has also paid more than $100,000 to the Pluvious Group, a Republican firm that organized Trump fundraisers in 2020.

“My campaign employs a bipartisan mix of Democrat and Republican fundraisers, which reflects the independent approach that I’ll bring to the D.A.’s office. Criminals don’t ask for your party registration when they rob you,” said Hochman, who estimates half of his major donors are Democrats or independents.

Rival candidates have been quick to try to paint Hochman as incapable of beating Gascón one on one.

During a January debate, Deputy Dist. Atty. Eric Siddall referenced Hochman’s 2022 defeat to Rob Bonta in the attorney general election. “There is no way in God’s green earth that he is going to beat George Gascón in a general election,” Siddall said.

In 2020, Gascón swept into office on a raft of endorsements from national Democrats after a summer of protests demanding criminal justice reform. But his first term has been marked by legal battles with his own prosecutors, two failed recall bids and controversial decisions that have led opponents to blame him for acts of violence. Some of his reform policies were blocked by a judge early in his term.

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Participants show unanimous support in response to a question posed at the D.A. debate in October.

(Robert Gauthier / Los Angeles Times)

Polls show voter anxieties about crime are surging, and several polls show more than 50% of voters have an unfavorable view of Gascón’s job performance.

Van Riper, the political consultant, said such a low rating can be a political “death sentence” in a competitive race. “People typically don’t change their minds about who they don’t like,” he said.

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Gascón scoffed at the polling during a recent interview.

“During my campaign in 2020, I was polling around 27%. I got 54% of the vote,” he said. “The reality is the poll that counts is the one on election day.”

The field, the incumbent D.A. said, has failed to make any substantive “policy argument” to voters beyond a promise to erase his tenure.

Of the four members of Gascón’s office in the race, Hatami might have the best chance of unseating his boss. The USC poll placed Hatami in second in the primary, with support from 8% of voters compared with Gascón’s 15%. Hochman was third with 4%, and no other candidate garnered more than 2% support.

Hatami is one of only three candidates to raise over half a million dollars in the race and has been a thorn in Gascón’s side, frequently challenging the D.A. in public and on television. A longtime prosecutor of crimes against children, he is best known for winning convictions in the gruesome torture murders of Anthony Avalos and Gabriel Fernandez. He has built up a base of crime victims frustrated with what they perceive as leniency from Gascón.

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“I think sometimes when you vote for a D.A. it’s not just policies, I think people want a leader,” he said. “I think people want someone who is going to fight for them.”

Promising to govern “with a heart,” Hatami has promised to be flexible on some public safety issues: He believes most juveniles should not be tried as adults and rejects the idea of prosecuting in a way in which every defendant “is getting slammed with the most severe punishment.”

Hatami cozied up to conservative talk radio host Larry Elder and former Sheriff Alex Villanueva during the recall campaigns against Gascón, which could turn off some general election voters.

“I don’t run from them or hide from them,” Hatami said of those connections. “I’ve joined forces with a lot of people that I don’t politically agree with.”

At a recent debate, when asked to rate how safe he felt in L.A. County on a scale of 1 to 10, Hatami said “zero.”

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In L.A. County, violent and property crime are up roughly 8% from 2019 to 2022, according to California Department of Justice data. Criminologists say it is disingenuous to solely blame, or credit, crime trends on a district attorney’s policies. LAPD records show homicides and robberies trending down in recent years.

That’s the kind of nuance Chemerinsky hopes will carry him to the November ballot. The most progressive of Gascón’s top challengers — with a war chest second only to Hochman’s — the former federal prosecutor is hoping to scoop up Angelenos unhappy with the incumbent but squeamish about an overcorrection that would erase reforms they demanded four years ago.

“I believe strongly in criminal justice reform,” he said. “I think we need reform at each and every stage of the process.”

Chemerinsky says he would undo all of Gascón’s initial policies except for his ban on the use of the death penalty. Like Hatami, he believes “juveniles should be treated as juveniles” outside of extreme cases, but rejects Gascón’s initial blanket ban on seeking to try some teens as adults. (Gascón retreated from his absolutist policy on juveniles in 2022.)

But Chemerinsky is more measured on the use of sentencing enhancements in gang crimes. In an interview, he noted flaws in law enforcement databases tracking gang members, and said that the use of such enhancements should be carefully considered.

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“I think [gang enhancements] have been abused in a couple of ways. … Are we talking about actual gang-related conduct as opposed to a gang-related individual?” he asked.

Comments like that have opened Chemerinsky up to attack. Siddall labeled him “mini-Gascón,” and other critics have noted his father, legal scholar Erwin Chemerinsky, was on Gascón’s transition team in 2020. The elder Chemerinsky says he had no hand in drafting Gascón’s policies.

Also running as a moderate but struggling to match Chemerinsky in fundraising, Siddall has taken up the role of attack dog in the race, labeling Hochman as too right-leaning and Chemerinsky as a Gascón sequel.

Claiming to represent a “new generation of prosecutors,” Siddall rejects the death penalty and wants to refocus the office on prosecuting what he believes to be the true drivers of violent crime — gang leaders and enforcers, as well as those who organize “smash and grab” retail thefts.

But he thinks others in the field are giving unrealistic assessments of crime in L.A.

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“I think it is overblown to say that we live in Gotham,” he said. “The idea that we’re at a zero [safety level] is absurd and it doesn’t bear out in reality.”

With less than three weeks before the primary, the rest of the field is fighting for air and tends to echo itself.

Archuleta and Deputy Dist. Atty. Maria Ramirez have both struggled to raise money. While Ramirez has cast herself as a steady hand whose wealth of management experience can restore confidence in the office, Archuleta has leaned heavily into concerns about public safety and dismissed statistics that show crime is down.

Deputy Dist. Atty. John McKinney is the longtime major-crimes prosecutor who convicted Nipsey Hussle’s killer in 2022, but it’s unclear how his record of trial success helps him stand out in a field replete with courtroom veterans.

Superior Court Judge Craig Mitchell, founder of the Skid Row Running Club, says he is uniquely qualified to help tackle L.A.’s spiraling homelessness crisis. Another judge, David Milton, frequently champions the death penalty and has proudly invoked his Republican bona fides in a county where most registered voters are Democrats and independents.

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Dan Kapelovitz, a defense attorney running to Gascón’s left, refers to the rest of the field as “mass incarcerators,” but has spent more time on debate stages making jokes than offering policy solutions.

The last to enter the race was a cold case prosecutor named Lloyd “Bobcat” Masson, who believes his focus on property crime and made-for-prime-time moniker will give him a boost with voters who find themselves dazed and confused by the long list of alternatives.

“Each candidate saw there was no one coalescing, and for different reasons they all thought they could do it better,” he said of the primary.

Masson sounds confident for a complete unknown in the race. But after 10 challengers threw their hat into the ring, he figured, why not him, too?

“If it’s a party, I’m coming,” he said.

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.

Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES

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Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.

He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.

The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.

BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS

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Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.

As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.

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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)

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Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

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“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

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Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

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Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

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The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

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Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

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After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

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The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

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Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.

“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing. 

“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”

Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.

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“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.

“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”

Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.

“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued. 

“NO MORE MR. NICE GUY! 

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“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”

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