Rachel Marshall
@RachelRMarshall
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Exec Director, Institute for Innovation in Prosecution @IIP_JohnJay . Past: @sfdaoffice Comms Director/Policy Advisor for @chesaboudin , public defender, teacher.
New York City
Joined March 2009
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My oped attacks the false narrative on progressive prosecutors.
In CA, Kern County had the highest per capita homicide rate —double SF, despite being the same population size. The Republican DA has blasted reforms like reducing sentencing enhancements.”
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Yesterday, an interim, unelected DA fired 15 public servants committed to justice.
People who fight corruption; hold police accountable; protect the innocent; correct injustices; and promote transparency.
These firings are revealing. 🧵
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SF has been played. This piece by
@mdbarba
is nothing short of a bombshell.
This marks the first time Jenkins publicly disclosed the earnings…of more than $100k—all while repeatedly claiming to be a “volunteer” for the recall.
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Brandon Johnson’s performance tonight is a stunning rebuke of recent media claims that voters have abandoned criminal justice reform.
Criminal justice reform is not antithetical to public safety—it promotes safety.
Communities deserve—& are demanding—both safety AND justice.
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I take the same train that Jordan Neely was killed on every day. I’ve seen many people on crisis on the F train. And not for a second have I thought someone deserved to be tackled, choked, and killed for being in distress.
Your comfort doesn’t matter more than someone’s life.
I ride the subway a lot. Not a week goes by that a mentally ill person doesn't get on and terrorize the entire car—especially women, especially Asians. Usually the men just sit there and pretend it's not happening. It's a disgrace that working New Yorkers have to live like this.
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Jenkins intentionally misled SF voters & improperly garnered public trust by claiming she was a campaign volunteer. “This behavior — by someone now appointed as a chief law enforcement officer — reeks of dishonesty, a lack of transparency, and corruption.”
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So I am not grieving for myself. My firing was predictable.
Instead, I am grieving for an office losing enormous talent.
I am grieving for a city abandoning transparency & reform.
I am grieving for a nation that has so far to go to achieve true safety & justice for all.
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In addition to 15 terminations last week (which gutted the resentencing; data; and police prosecution units), yesterday interim DA Jenkins announced promotions & demotions.
Attorneys hired by
@chesaboudin
or in his management team? Demoted. Those with known misconduct? Promoted.
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Newsflash: you can’t “support criminal justice reform” in theory while opposing criminal justice reform in practice.
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Today marks one year since the recall of DA Chesa Boudin—a night I will never forget.
I wish I could say the false attacks on reform DAs have stopped since then, but the recall was only one of a series of coordinated attacks on prosecutors & criminal justice reform.
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How can we trust a district attorney who straight up lied to the public and concealed this kind of information?
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“The nonprofit that paid Jenkins, Neighbors for a Better San Francisco, is not allowed to participate in campaigns for or against political candidates because of its status as a 501(c)(3) nonprofit.”
How can we trust a DA who violates the law to advance her own interests?
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San Franciscans: do you want our city to be the national symbol of rolling back criminal justice reform?
Or do we want our city to beat down an attempted power grab and instead stand up for our commitment to justice?
Vote NO on H: not just for San Francisco but for our country.
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What do the firings say about the new administration?
They say that it does not value transparency or public access to information. It does not care about righting wrongful convictions & sentences. It does not care about corruption. It does not care about police accountability.
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Breaking news: interim DA Jenkins accused not just of misconduct but criminal conduct. This is a huge story from
@MLNow
.
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If Liz Truss can be forced to resign as Prime Minister for failing to fulfill her promises after just six weeks in office, surely SF voters can hold our interim DA accountable for her repeated dishonesty & failure to improve SF as promised after more than three month in office.
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This was only exposed because a reform-minded DA (
@chesaboudin
) chose to release it, rather than cover up for the police misconduct.
I think we all know this would never have been made public had it been discovered by the current DA.
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This makes us all less safe.
It shatters trust in our system. It prevents us from knowing what is really happening in the office & how decisions are being made.
It tells communities hurt by police violence that their pain is not as important as protecting the powerful.
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Breaking news: the SF DCCC DA endorsements
@HamasakiLaw
and there was not a single member who voted to endorse
@BrookeJenkinsSF
!
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It reveals a city that pays lip service to reform while pushing for more incarceration & tough approaches—which have failed to keep us safe for generations.
Meanwhile there is a lack of commitment to fighting for the housing, treatment, and social services that make us safer.
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I joined
@chesaboudin
's leadership team to fight for criminal justice reform; that battle has never been more urgent.
My passion for the mission to reform our legal system is stronger than ever.
Our work continues and the fight goes on.
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“Maybe this will teach Breed the lesson that she should’ve learned when she cheered on the Chesa Boudin recall: if the problems—homelessness, crime—stay the same once you’ve disposed of your political enemies, the next backlash is coming straight for you.”
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And let’s be very clear: the recall and Jenkins tried to hide this from voters. And succeeded.
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Memphis, Tennessee, has one of the highest murder rates in the country, despite its DA’s punitive approach that includes prosecuting kids as adults. Indeed, murder rates have been 40% higher in Republican-run states.
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All the people, including members of the local SF press, who falsely blamed
@chesaboudin
for a spike in retail theft that turns out to have not actually happened, will apologize now, right? Right?
Or are there “
#noconsequences
for” these lies?
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DA Jenkins uses progressive rhetoric to mask a regressive criminal justice approach.
It’s not “progressive” to call for increased “consequences” (read: incarceration) for property crimes or more “accountability” (read: incarceration) for drugs.
My oped:
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Schubert’s anti-reform approach does not promote safety; Sacramento has seen a dramatic increase in crime. Just last month, a mass shooting in Sacramento took 6 lives. Nonetheless, Schubert has falsely blamed progressive prosecutors throughout California for upticks in crime.
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“Breed & her allies have spent the year playing a clever game, portraying crime as out of control when it suited them in recall elections & policy debates. Now that they’re firmly in charge, they’re trying to kill the caricature of SF they helped create.”
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The
@nytimes
put out a podcast episode of The Argument in which one of the conservative guests,
@Rafa_Mangual
, literally said “one of the things that we know is that we don’t need to get poverty under control to reduce crime” and no one disagreed & my head is about to explode.
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Nationally, one of the largest homicide increases occurred in Fort Worth, Texas — where its tough-on-crime prosecutor attacked judges for setting bail she deemed too low.
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But only progressive prosecutors are made to answer for crime rates; I have yet to learn of a traditional prosecutor attacked for crime increases (take Oakland, where homicide rates have ballooned — crime reports there rarely name, let alone blame, the longstanding DA).
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Rather than blaming progressive prosecutors for national trends — or giving oxygen to the false narrative that they’ve caused increased crime — we must have the honest, tough conversations about what it will take to reduce crime.
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RIGHT NOW: Joaquin Ciria free after 32 years thanks to
@SFDAOffice
Innocence Commission and DA
@chesaboudin
!
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I feel terrible for the victims of these burglaries.
I also feel terrible for the people of SF who were duped into believing the DA recall would prevent these crimes.
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The thrust of Boudin’s policies is fully in line with what experts who study criminal justice have been recommending for years…Serving time in jail & prison often makes people more likely, rather than less likely, to commit further crimes.
@d_a_sklansky
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“What Boudin is doing in SF is great, actually, & we need more of it, not less. We need more thoughtfulness in our criminal justice system and less clinging to a "tough on crime" narrative that has never borne the results people think it does.”
@RobynElyse
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Only took 1+ year since the recall for SF to start the very same program
@chesaboudin
had already started when he was DA…
Funny how no one mentions that little detail.
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In today’s version of “Only in SF,” the person in front of me at the doctor this morning had just been bitten by a seal.
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When you’ve been in office 1.5 years, it’s time to take accountability & stop blaming a previous DA for problems that have only worsened since the recall.
Let’s be honest: criminal justice reform was not responsible for crime in SF. And tougher approaches haven’t made SF safer.
We are back to fully enforcing our laws — all crime is illegal in San Francisco again. I am committed to continuing this work to ensure that crime continues to go down + most importantly that our residents & visitors feel safe.
Thank you
@JohnAvlon
for having me on
@cnni
.
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To achieve long-term safety, progressive prosecutors recognize that government must invest in housing, education and treatment to prevent the poverty, desperation and illness that often lead to crime.
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“Journalists ideologically opposed to progressive DAs will continue releasing selective tidbits about cases, ignoring inconvenient truths, & they’ll anoint themselves martyrs when they’re critiqued for their nakedly pro-incarceration framing.”
@AlexShultz
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Being a progressive, reform prosecutor is more than words.
It is about actions.
Criminal justice reform is the baseline for lasting public safety.
This thread lists some (not even close to all) of the reforms & achievements of DA
@chesaboudin
in just 2 years.
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BREAKING: Our office’s Innocence Commission achieves first exoneration as Joaquin Ciria’s conviction was overturned in court.
After 32 years of professing his innocence, he’s going home!
Congrats to the Innocence Commission, DA
@chesaboudin
,
@larabazelon
, & the Ciria family!
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This is true beyond homicides; California jurisdictions with some of the harshest prosecutors — like Riverside — have the highest crime rates. And violent crime in California is worse in conservative jurisdictions.
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@Normita_Esq
I once had a client who was in custody over 30 days for stealing 4 slices of pizza from a (terrible) pizza buffet. She was homeless.
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Following a string of fatal shootings by SFPD officers, SFDA and SFPD signed a joint MOU in 2019 to ensure that police use of force incidents would be independently investigated so that officers who inflicted unlawful violence would be held accountable.
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The truth is that progressive reforms have not negatively impacted crime rates; an examination of 35 jurisdictions found that reforms did not increase crime.
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Breaking: another SFDA prosecutor resigned today, saying she “questions our new [DA’s] priorities” as she makes decisions to “cement political power” rather than based on needs of DAs & their cases.
She had been demoted by Jenkins without explanation. A big loss to
@SFDAOffice
.
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My piece in the
@washingtonpost
Perspective: "I’m a public defender. My clients get none of the sympathy Manafort did."
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This story doesn’t fit the narrative …yet how many media stories will cover this development with the eagerness they covered the crime initially?
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It’s astonishing how many bad takes there are about the recall.
I have lots to say in the days and weeks to come but all I will say for now is that we are not going anywhere.
This movement was always bigger than any of us.
Our fight for criminal justice reform will continue.
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Make it make sense: record numbers of overdoses in San Francisco this year, which only worsened in response to the new DA’s harsh approaches to drug crimes.
Now the response is to further marginalize and demonize those struggling?
When will we learn?
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Though the media continues to report the recall as having won 60-40 (doing so when only half the votes had even been counted), as more votes are counted the margin keeps narrowing.
It’s now 55-45.
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The recall said the quiet part out loud:
Greenberg said he wanted the recall to be a “template” for targeting other progressive DAs &candidates: “My vision is to take the movement national so we can push back against these quote-unquote ‘progressive’ DAs.
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I do not understand how this is not getting more attention. It’s appalling.
“The police did not come to help me or my daughter, but I kept screaming,” she said. “When the police finally came, they took me out of the dressing room & left my daughter laying there. I wanted them to help her, but they just left her laying there alone”
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Today
@chesaboudin
,
@GiffordsCourage
&
@KekerLLP
filed a groundbreaking case to go after the manufacturers of the guns referred to as “ghost guns.”
This is a huge deal.
Here’s why.
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I realize this tweet was somewhat incoherent in my excitement. To clarify: the San Francisco Democratic Party just endorsed
@HamasakiLaw
for SF DA. Not one member of the SF Democratic Party (including congressional and local leaders) voted to endorse
@BrookeJenkinsSF
for DA. Wow.
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Not only has this punitive approach failed to prevent overdoses—which are at record highs—but it hasn’t even achieved its own goals of securing convictions.
The War on Drugs fails yet again.
Brooke Jenkins said she would end open-air drug dealing in SF. Has she?
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When a reporter who never covered a previous DA spends day and night reporting/fear-mongering about a brand new DA who just took office after being elected on a platform of doing things differently.
And then pretends to not have an agenda.
Petition to recall the Alameda County DA is nearing 10-thousand signatures. I'm working on a new story for today's 6pm news.
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The media replicating the same misleading and fear-mongering strategies it used against Chesa to target the next progressive DA.
I sincerely hope that the public demands better than this dishonest, agenda-driven reporting.
L.A. D.A. Gascon's policies may have led to reduced prison time for man who killed El Monte cops - Los Angeles Times
@LAcrimes
@JamesQueallyLAT
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The DA handling DA Boudin's ghost gun litigation to get guns off the street? Demoted.
Chief of Victim Services who's transformed the unit & fought for AAPI victims? Demoted.
The attorney working on cases for those entitled to resentencing bc of changes in state law? Demoted.
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So while the President moves to undo some of the harms of the War on Drugs, SF moves to bring it back.
Sending people to jail for possessing marijuana has upended too many lives – for conduct that is legal in many states. That’s before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs.
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This story is shocking. A thoughtful, experienced police commissioner exercised independence from the SF political machine & is excoriated for promoting reform.
Everyone who cares about SF being free from corruption & influence should be very worried.
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Almost 100,000 people voted no on the recall. Far more people voted no on the recall than voted for Chesa Boudin in 2019.
There are many people in SF who stood up for criminal justice reform despite the recall spending over $7 mill on its fear-mongering, dishonest campaign.
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Body camera footage can reveal a very different truth—including false charges.
It’s why DA
@chesaboudin
requires our prosecutors to review all body camera footage before charging any cases of resisting arrest or assault on an officer.
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Today
@chesaboudin
and
@Scott_Wiener
introduced state legislation to stop this practice in CA.
There is no justification for retaining DNA of sexual assault survivors in a database to be searched for reasons entirely unrelated to the assault.
We must protect survivors.
After a rape victim's DNA from 2016 was recently used to build a case against her by San Francisco police, the chief vowed to stop using victims' DNA.
But internal records show their new policy says they can continue to do just that.
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The voices you can trust are unanimous here.
The recall is not about Chesa. It’s not about SF. It’s about a national right-wing, coordinated attack on criminal justice reform.
.
@chrislhayes
on the San Francisco DA recall vote:
The forces driving the nationwide rise in crime are larger than any one prosecutor. But blaming Boudin and the left at large has become useful for those who want to take us back to mass incarceration and broken windows policing.
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“Several accounts frequently posted about Black-on-Asian crime during the recall of former DA Boudin. The goal of these accounts is to perpetuate a misleading narrative: that Black violence is the foundation of anti-Asian hate in SF.”
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It’s official:
@HamasakiLaw
overwhelmingly receives the
#1
endorsement from the SF Democratic Party.
After all three rounds of voting concluded,
@BrookeJenkinsSF
failed to get a single endorsement in any round of voting.
@joeavero
received the
#2
endorsement.
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San Franciscans deserve to be safe—including from unwarranted police violence.
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ALL victims deserve respect and deserve justice.
“The legal standard for all criminal cases is you need to prove it with evidence that is beyond a reasonable doubt. There’s not a separate standard for police officers.” -John Crew
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Why would security guards of any store, let alone Walgreens, be armed?!
Devastated for the family of Banko Brown and all who loved him.
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Crime in San Francisco has worsened since the recall.
Homicides are up. Car thefts are up. Robberies up double digits.
And the problems in SF have worsened too. Overdoses plague the city. Retail stores continue to shutter. Poverty & homelessness continue to worsen.
/7
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After DeSantis’s latest stunt, I want to reiterate what I wrote last week: “There have been no attacks on prosecutorial discretion when DAs use it to perpetuate mass incarceration, criminalize poverty or decline to prosecute police officers.”
Reform is the target. Full stop.
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“To move beyond policing poverty, policies need a synchronized effort to put $ into housing, treatment, social services—popularly supported efforts that can reduce crime & build safety. But that spending power usually lies with the legislature or mayor.”
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Breaking: CA Penal Code Review Committee Life finds that life without parole sentences and the Three Strikes Law do not make us safer, are tremendously costly, and increase racial disparities.
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This is sickening. Every Republican should be condemning Trump for meeting with him.
“The Jews had better start being nice to people like us, because what comes out of this is going to get a lot uglier for them…”
Meet neo-Nazi Nick Fuentes. Fuentes was President Trump’s dinner guest at Mar-a-Lago this week along with Kanye West.
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“Now we learn that its top volunteer [Brooke Jenkins] was paid $100,000 over six months. It makes you wonder, if at the highest levels of the recall Chesa Boudin campaign, that it was never really about public safety.” -
@SFist
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Nailed it: "San Francisco’s tense recall fight “is actually quite reflective of what has become a Republican strategy across the country … If you cannot win by the rules, then you should try to make up the rules and win when nobody’s paying attention.”
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I’ve had reporters & editors tell me that they aren’t interested in “success stories” of reforms because they don’t get clicks.
Tough on crime approaches have failed to keep us safe but go largely unscrutinized while criminal justice reforms are attacked at every opportunity.
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This tweet by an appointed SF official is shocking & shameful: denigrating the work of public servants upholding the Constitution, attacking evidence-based approaches to public health crises, & dehumanizing victims of the War on Drugs.
SF deserves much better from our leaders.
What
@ManoRajuPD
derides as a “new War on Drugs” is a thoughtful effort to fix failed, deadly policies he has championed for years — for ZERO prosecutions and ZERO accountability for his fentanyl-dealing clients, whose trade is killing hundreds of San Franciscans annually. (1/6)
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When the Editor in Chief of the
@sfchronicle
calls out the dishonesty…
Here for it.
🍿
D.A.
@BrookeJenkinsSF
I think your beef is with the court. Here is the filing that we 100 percent accurately presented.
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“Jenkins’ political ascension benefited from 2 narratives — that the recall was Democrat-led & that Jenkins was simply a volunteer who risked her livelihood to be a part of it.
Both narratives have now had big holes poked in them.”
🔥
@JustMrPhillips
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In case there was ever any doubt: the War on Drugs is fully back in San Francisco.
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@JessicaValenti
Agreed.
I take the same train that Jordan Neely was killed on every day. I’ve seen many people on crisis on the F train. And not for a second have I thought someone deserved to be tackled, choked, and killed for being in distress.
Your comfort doesn’t matter more than someone’s life.
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In Georgia, the anti-democratic SB 92 was signed into law this year, creating a commission overseeing prosecutors with the power to remove them for how they exercise their discretion.
Spoiler alert: they’re only targeting reform-minded DAs.
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Overdose prevention sites save lives.
Preventing one from opening for political reasons is unconscionable.
EXCLUSIVE: The beloved
@gubbioproject
and St. John’s Church had the backing of San Francisco city health officials to open the city’s first, permanent, advertised overdose prevention site. Then the mayor’s office pulled the plug.
My latest column.
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Tomorrow, we call on the California State Bar to
#curetheconflict
that exists when prosecutors take police union money—and then “investigate” those union’s officers. Ban police union money in prosecutor races!
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A reminder that DA
@chesaboudin
has been fighting against anti-choice attacks in many forms.
Time and again, DA Boudin responded with real action over words.
Wish I could say that were true of more DAs and elected leaders.
Reproductive rights are under attack.
We are prosecuting an anti-choice activist who invaded a clinic & stalked an abortion-providing doctor at their home.
In SF, we protect health care providers & patients exercising their constitutional rights.
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It is disappointing but no coincidence that SFPD chose to withdraw from this agreement during the first-ever trial against an on-duty San Francisco police officer for an unlawful beating.
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Many San Franciscans genuinely believed the recall would help change the city. They were wrong.
Let us all learn from that mistake.
We must defend prosecutorial discretion before it’s too late.
11/11
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I am scared of this wind while sitting inside my heated apartment.
Can’t even imagine how awful and frightening this storm is for our unhoused community members.
What are best places in SF to donate food and warm clothing for those in need during this storm right now?
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Interesting how suddenly the media isn't covering crimes that happen when they can no longer falsely blame them on Chesa?
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All of the staff who have quit so far under Jenkins are women, and many are women of color.
Another SFDA employee resigns; by my count this is 7 since DA Jenkins took office. This is in addition to the 15 who were fired
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“Democrats could have used data to educate constituents about how freedom & public safety can coexist and save money while debunking the rampant fearmongering in the lead-up to the election.”
Great piece by
@DyjuanTatro
&
@ScottHech
!
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First they came for individual DAs (Chesa, but also Larry Krasner (impeached), Andrew Warren (removed), George Gascon (failed recall), not to mention the racist & sexist attacks on Black women DAs.
Now they target the foundation of our legal system: prosecutorial discretion.
/9
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We are seeing attacks on criminal justice reform not just in SF, but around the country.
When anti-reformers can't beat progressive DAs through the regular election process, they resort to new methods: recalls, impeachment attempts, & now suspensions.
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SFPD’s decision comes a week after an SFPD fatal police shooting in which police falsely characterized the decedent as being in possession of a firearm and weeks after a criminal case was dismissed after officer excessive force came to light.
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