LA's Embattled DA George Gascon Is Sued by His Assistant Prosecutors...Again

LA County Sheriff's Department/AP Images

Two years ago, the residents of San Francisco ousted their district attorney. Chesa Boudin was the leftist son of 60’s radicals and was duly elected. But "The City,” home to Nancy Pelosi, a “poop map,” and a parade featuring naked men, had had enough of Boudin’s radicalism and leftist policies regarding crime and punishment. He was thrown out via recall.

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Down in Los Angeles County, another radical from San Francisco, George Gascón, was subject to a recall as well. He avoided recall and likely removal because of an accounting error. Not enough “valid” signatures. George Gascón is currently up for reelection in a race that, if polls are any indication, he will lose in a landslide. His run-off opponent is Nathan Hochman, who is leading the race for DA by 25 percent. Hochman is a former federal prosecutor and was the president of the L.A. Ethics Commission. That he is likely to unseat Gascón carries some rich irony. Gascón is currently buried in lawsuits – 15 by current count, and his “ethics and integrity” chief, Diana Teran, is under state indictment. Although some of the charges have been dropped, California’s Attorney General Robert Bonta will pursue the remaining charges.

The latest lawsuit relates to the Public Records Act. According to Fox News

The union representing hundreds of Los Angeles prosecutors is once again suing their boss, District Attorney George Gascon, this time for withholding information on a close ally in alleged violation of the California Public Records Act (CPRA). 

The Association of Deputy District Attorneys (ADDA) sought information about Diana Teran, a top Gascon aide who is facing felony charges, in May and received an incomplete response, according to a 200-page court filing unveiled Thursday. Prosecutors sought her emails and information about whether she remained on the county payroll after her indictment. They also wanted to know if county taxpayers were on the hook for her criminal defense. 

The lawsuit seeks to force Gascon's office to disclose the requested records, to declare the DA in violation of the CPRA and to pay the ADDA's attorney fees for the lawsuit and the denied requests.

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Much like the other lawsuits Gascón is forced to defend, he seems intent on slow-walking the demands for documents in an effort to avoid more damaging information — information that might bring his poll numbers down even further. As noted, Gascón’s poll numbers are already disastrous, and if the election were held today, he would be removed from office. 

Neama Rahmani, the attorney who filed the 200-page lawsuit, speculated as to why Gascón had failed to adequately respond to the public record demands and the likelihood that it is to avoid damaging information. He said

"Of course, Teran is a high-ranking deputy DA and a close ally of Gascon, who is facing a tough challenger in November, and the union has sued Gascon before during his tumultuous first term." 

Gascón has an office full of ADAs who despise him and an electorate that clearly wants to see him removed. It’s unlikely he will produce the demanded documents if (as expected) they will reflect poorly on him and his administration of the Los Angeles DA’s office.

My experience as an attorney tells me that Gascón knows that he has time to slow-walk his response to the Complaint and more time to respond to discovery. Those litigation delays will take him well past the November election date. Gascón might produce the Teran emails well past November 5th, but it is my guess that it won’t matter. Gascón seems to be headed for defeat and, if polls hold, one of the worst beatdowns in recent memory.

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