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Los Angeles District Attorney George Gascon. (Photo: georgegascon.org)

Call for DA Gascon Recusal

City Hall race tape case at Issue

By Thomas Buckley, November 8, 2023 2:45 am

Imagine you are a District Attorney and you are listening to a purportedly illegally obtained audio tape on which a fellow elected official says “F**k that guy – He’s with the Blacks.”

Then imagine you are a District Attorney who is up for re-election and desperately need the support of the local Federation of Labor.

Then imagine you are a District Attorney that is presented with the case to prosecute the folks who allegedly made the tape and that those folks work/ed for the Federation of Labor.

Then imagine you are a District Attorney who asks the cops to conduct further investigation.  

Then imagine you are a District Attorney who, a few days after kicking the case back to the cops, gets that crucial Federation of Labor endorsement.

Now, ask yourself a question: if and when the illegal taping case comes back to you should you or your your office be involved in the prosecution of the case or should you recuse yourself?

For those of us who are not Los Angeles County District Attorney George Gascon, the answer is blindingly obvious – no, of course you should recuse yourself.

But if you are Gascon, it seems the issue isn’t quite so clear cut.

However, one of Gascon’s nine challengers in the upcoming March primary, Nathan Hochman, is pushing Gascon to make the right decision.

“It is a clear conflict of interest for an elected district attorney to seek political endorsements from figures at the center of a criminal investigation his office is reviewing,” Hochman said. “In order to protect the interests of the L.A. County Federation of Labor, Gascon must step aside to avoid the appearance that his personal interests have influenced the way the case is being handled.”

The infamous recording at issue is of Los Angeles City Council President Nury Martinez, council members Gil Cedillo and Kevin de León, and Federation of Labor President Ron Herrera trying to figure out how to re-district the city in a way that will ensure more Hispanic members of the city council.

All four engaged in inappropriate language and egregious political backrooming that, when leaked, led to Martinez and Herrera resigning from their respective jobs. Gil Cedillo’s off the council as well, but de Leon, or whatever his real name is decided to ride out the scandal and is now running for re-election to the council (he’ll probably win, especially considering his top opponent Wendy Carrillo just had a adult beverage-related oopsie.

Gascon’s office did not respond to multiple requests for comment, though he is reportedly considering recusing himself personally, but not taking his office off of the prosecution.

Merely a personal recusal is not enough for Hochman.

“It would be impossible to have faith in any decision Gascon makes in this case,” Hochman said. “If he brings the case against the former federation employees, there will always be a question as to whether it is a righteous prosecution or a political payback.  To ensure there is no such cloud over this decision, Gascon must recuse himself immediately and allow an independent prosecuting agency to make the decision.  Only in that way can the Federation of Labor, other victims, and the public be assured that the prosecutor acted impartially and not as a result of political bias.”

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