Philly mayoral candidates are proposing ways to ‘circumvent’ DA Larry Krasner

At least three Democratic Philadelphia mayoral candidates have signaled that they would consider trying to circumvent progressive District Attorney Larry Krasner and refer gun-related criminal cases to state or federal prosecutors, but the feasibility of such a maneuver is unclear.

On Tuesday, Derek Green, a former prosecutor, proposed the most detailed version of the idea yet — a $50 million investment he says would fund a new division of city police who would work with 100 federal agents and prosecutors to handle shootings, homicides, and gun possession cases.

“We need to bring back the certainty of punishment in the city of Philadelphia,” Green said.

Under the plan, police would refer cases to federal authorities, not the local District Attorney’s Office, and perpetrators could face federal penalties. Such a setup would represent a huge shift in how gun crimes are prosecuted in the city if it were implemented.

But diverting cases to federal prosecutors would require buy-in from the U.S. Department of Justice, which is far from certain.

Federal prosecutors already work with city police and other law enforcement agencies on major gun cases, and they have jurisdiction to handle federal gun crimes — which are distinct from those filed in local cases and can result in harsher penalties.

Green’s proposal could add hundreds of additional defendants to the federal caseload per month. Last year, Krasner’s office filed charges in more than 850 shootings and handled upwards of 2,000 gun possession cases, nearly all of them referred to his office by Philadelphia police.

The plan could also represent a near doubling of the number of lawyers who work in the U.S. Attorney’s Office for the Eastern District of Pennsylvania, which is already one of the larger offices in the country. A spokesperson for the office declined to comment.

Green said that if his plan were implemented, funding from city and state grants would reimburse federal agencies for personnel costs. He said he hadn’t discussed the plan with federal authorities or with Krasner’s office.

» READ MORE: Philly’s next mayor will inherit an unprecedented gun violence crisis. Here’s how it’s defining the race.

Krasner won reelection in 2021 by a wide margin and is not up for election again until 2025, meaning the next mayor will need to work with the prosecutor for at least two years. Krasner was impeached last year by the Republican-controlled state House, but the proceeding is on hold after a state court determined lawmakers failed to allege misbehavior in office.

He said Tuesday that any mayoral candidate trying to circumvent his prosecutorial authority is trying to undo the will of Philadelphia voters, which he described as akin to the impeachment drive. He said his progressive policies are politically popular in the city.

“Some of the candidates for mayor are not in touch with Philadelphians,” he said. “This office has never enjoyed more love and support than it enjoys right now.”

In addition to Green, mayoral candidate Allan Domb, a former City Council member, has floated diverting cases away from Krasner’s office, writing in his crime plan that if Krasner “refuses to prosecute some gun crimes,” he would “work with state and federal law enforcement partners to remove the cases from his jurisdiction.”

He said in an interview that he would prefer to first convene a “public safety cabinet” that includes Krasner and federal authorities. Domb said increased coordination among law enforcement agencies could help improve arrest and conviction rates.

“The real key to this is to get people to work together as a team,” Domb said.

A third candidate, grocer Jeff Brown, also said he’d attempt to circumvent Krasner’s office on gun cases if needed, saying during a community meeting last month: “If Krasner won’t prosecute them, I can hand them over to other authorities to get them prosecuted.”

Krasner’s office files charges in nearly every illegal gun possession arrest referred to it by Philadelphia police, the majority of which are for possessing a gun without a license, according to data compiled by the District Attorney’s Office. The office’s conviction rate on such cases declined every year since Krasner took office in 2018 — except last year. In 2022, 46% of gun possession cases resulted in convictions, compared with 36% in 2021.

Also last year, about half of the nonfatal shooting cases prosecuted by the District Attorney’s Office resulted in convictions. More than three-quarters of shooters who faced charges in homicides were convicted.

Krasner on Tuesday defended his office’s record prosecuting shootings, but said the office is “having more difficulty with the prosecution of gun possession cases,” saying cases are increasingly tossed in court due to changing case law or because “there are a lot of illegal searches going on.”

He said law enforcement should focus its efforts on solving shootings and homicides, not “grab[bing] everybody with a gun.”

A high percentage of shooting cases never reach prosecutors because no arrest is made. As of late last year, the Police Department’s clearance rate — the number of cases considered solved — was 23% for shootings and 47% for homicides.

Green said the intention of his plan is not to roll back needed criminal justice reforms but to ensure people carrying illegal weapons know “if they got arrested with a gun on them, they may get federal time.”

“We need to make sure that we’re not overcriminalizing young Black men, like my son,” he said, “and we can do both.”

Staff writer Ellie Rushing contributed reporting.