DOJ Under Biden, Not Trump, Normalized Misdemeanor Prosecutions

This passage, in a New York Times report about the guy arrested in Washington for throwing a sandwich at an immigration agent, about knocked me over:

When I was a federal prosecutor, it was highly unusual for the Justice Department to bother with misdemeanor cases. It was not all together uncommon for defendants who were charged with one or more felonies to be charged, in conjunction, with misdemeanors — especially if they had extensive criminal histories, such that the defendant’s recidivism could justify charges the federal government would ordinarily not be inclined to bring. Generally speaking, though, with finite resources and lots of crime to address, a case was not worth the Justice Department’s time unless it was a felony. Lesser charges could be referred to the state authorities, who prosecuted many misdemeanors.

This passage, in a New York Times report about the guy arrested in Washington for throwing a sandwich at an immigration agent, about knocked me over:

When I was a federal prosecutor, it was highly unusual for the Justice Department to bother with misdemeanor cases. It was not all together uncommon for defendants who were charged with one or more felonies to be charged, in conjunction, with misdemeanors — especially if they had extensive criminal histories, such that the defendant’s recidivism could justify charges the federal government would ordinarily not be inclined to bring. Generally speaking, though, with finite resources and lots of crime to address, a case was not worth the Justice Department’s time unless it was a felony. Lesser charges could be referred to the state authorities, who prosecuted many misdemeanors.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.