Daniel R. Alonso Profile picture
Former fed & NYS prosecutor and occasional commentator. Civil & crim litigator. Adjunct Prof @CornellLaw. Views my own, this isn't legal advice. RT ≠ E 🇺🇸🇦🇷

Jun 7, 2019, 21 tweets

THREAD: Picture perfect article by @samarkhurshid about the very substantial question of whether @cabanforqueens @RoryLancman and @MelindaKatz are qualified to be #QueensDA, having never prosecuted a single case. /1
gothamgazette.com/city/8577-shou… via @GothamGazette

.@cabanforqueens is clearly unqualified, having expressed not the slightest interest in reducing violent crime in Queens, and really being much more of an iconoclast looking to blow up the system. /2

.@MelindaKatz is purely a politician. Her lawyer experience amounts to virtually zero. But probably has the best claim to knowing what constituency wants, being closest to the electorate. Still - never tried a case, nor been a prosecutor, nor been a defense lawyer. Not ideal. /3.

.@RoryLancman is a very thoughful guy w/ zero experience in the criminal justice system - though he is definitely a real lawyer. He's been a litigator, including at a major firm. That's something. But there are thousands of people more qualified to be #QueensDA than Lancman. /4

So, should a #DistrictAttorney be a former prosecutor? Here's my answer: “I would not say 100% that a chief prosecutor must be a former prosecutor but I would say there should be a strong presumption that that person be a former prosecutor.” /5
gothamgazette.com/city/8577-shou…

Also from me: “It is a very difficult job and in any job, it’s very hard to do it for the first time as the person who is in charge, particularly for something as specialized as prosecution. . . /6 gothamgazette.com/city/8577-shou…

... so you have to be constantly making decisions, weighing evidence, deciding some issues of policy but those issues of policy have to be informed by real experience in the criminal justice system and understanding what makes a good case and a bad case.” /7

Notably, @AMDanQuart is quoted re his endorsement of @cabanforqueens: "any reasonable view of Tiffany’s qualifications, she is certainly qualified. To say otherwise is ridiculous." /8 gothamgazette.com/city/8577-shou…

That is what lawyers call an "ipse dixit" - saying it's true just bc he says so. On the contrary, self-evidently ridiculous is @cabanforqueens as a prosecutor. It seems that @AMDanQuart, deserving of respect as a member of the Legislature, is previewing his own argument . . . /9

...for why @AMDanQuart should be #ManhattanDA. He hasn't yet declared nor outlined his plans, so I'll withhold judgment. But it's doubtful that an insurance defense lawyer (@AMDanQuart) who has handled some criminal cases is ready to be top local prosecutor in United States. /10

I know what it takes to be a #DistrictAttorney: “It is a very difficult job and in any job, it’s very hard to do it for the first time as the person who is in charge, particularly for something as specialized as prosecution. . . " /11 gothamgazette.com/city/8577-shou…

"...so you have to be constantly making decisions, weighing evidence, deciding some issues of policy but those issues of policy have to be informed by real experience in the criminal justice system and understanding what makes a good case and a bad case.” /12

How on earth can @cabanforqueens @MelindaKatz and @RoryLancman have this experience? They can't. Morgenthau was U.S. Attorney. Dick Brown was an Appellate Division Justice. That's not who these folks are, no matter how otherwise thoughtful they might be. /13

I like @MinaMalikForDA's take: "You would not go to a podiatrist if you have a heart problem; you’d go to an experienced cardiologist.” This is not an endorsement of Malik; it's hard to tell from her web site exactly what her experience is. /14 mina4da.com/issues/

Here's the rest of my take on the #QueensDA race: "Alonso, the former federal prosecutor, did not take a position on any specific candidate but he did issue some notes of caution. /15

"And he added, 'The nightmare scenario is that somebody who is an elected official or has a constituency decides, ‘Boy it would be fun to be DA.’ Unlike being a legislator and unlike being other kinds of elected officials, this is a professional job ... /16

"where you have to actually do a very specialized job day-to-day. It’s not primarily a policy job.” /17

Bottom line: For #QueensDA, do we want, "Gee, it'd be fun to be DA," or "I've been working towards this my whole career"? Sounds like only @GregLasak @MinaMalikForDA and @JoseNievesForDA have a claim to that. I love @bettylugo2019 on personal level, but don't see where. . . /18

. . . she has the experience, having been a 3-year ADA without much experience in the system since. Thoughful lawyer, but perhaps better to be a judge? /19

So, no endorsement, but an unequivocal statement: the *only* qualified candidates are @GregLasak @JoseNievesForDA @MinaMalikForDA. Let's see which is best. /Endf

Updating this one to clarify: although it’s hard to tell from web site what Malik did when she was an ADA at the start of her career, her web site does show extensive experience as a prosecutor, including a policy job at Brooklyn DA, and work at DC AG.

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