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Why Alexandria Ocasio-Cortez Endorsed a Little-Known Public Defender in Queens Why Alexandria Ocasio-Cortez Endorsed a Little-Known Public Defender in Queens
(about 3 hours later)
This week, Alexandria Ocasio-Cortez made the second political endorsement of her brief career in Congress, bringing her firepower to an ideological soul mate, a 31-year-old lawyer named Tiffany Cabán, who is among seven Democratic candidates running for district attorney in Queens.This week, Alexandria Ocasio-Cortez made the second political endorsement of her brief career in Congress, bringing her firepower to an ideological soul mate, a 31-year-old lawyer named Tiffany Cabán, who is among seven Democratic candidates running for district attorney in Queens.
The position is not insignificant. A county of 2.3 million people, Queens is the size of Houston. Richard A. Brown, who died earlier this month, served as district attorney for the past 28 years and ran the office aggressively, as if the days of “Mean Streets’’ were still with us. On the left there is a certain enthusiasm for a new approach.The position is not insignificant. A county of 2.3 million people, Queens is the size of Houston. Richard A. Brown, who died earlier this month, served as district attorney for the past 28 years and ran the office aggressively, as if the days of “Mean Streets’’ were still with us. On the left there is a certain enthusiasm for a new approach.
Brown’s views were locked into place during his earlier years in law enforcement; on his first day on the job as a Manhattan criminal court judge in 1973, a defendant opened fire in his courtroom, causing him to hide under a bench. “Richard Brown was shaped by the era of broken windows, stop-and-frisk and other policies that led to mass incarceration,’’ Bill Lipton, an early and ardent supporter of Ms. Cabán’s and a founder of the Working Families Party, told me. “Tiffany is the future.’’Brown’s views were locked into place during his earlier years in law enforcement; on his first day on the job as a Manhattan criminal court judge in 1973, a defendant opened fire in his courtroom, causing him to hide under a bench. “Richard Brown was shaped by the era of broken windows, stop-and-frisk and other policies that led to mass incarceration,’’ Bill Lipton, an early and ardent supporter of Ms. Cabán’s and a founder of the Working Families Party, told me. “Tiffany is the future.’’
Nearly every other candidate in the race, including Melinda Katz, the Queens borough president who has been the front-runner thus far, could lay claim to that designation as well. All are running as progressives committed to undoing the damages wrought by so many years of needlessly sending young black and Latino men to prison.Nearly every other candidate in the race, including Melinda Katz, the Queens borough president who has been the front-runner thus far, could lay claim to that designation as well. All are running as progressives committed to undoing the damages wrought by so many years of needlessly sending young black and Latino men to prison.
Ms. Cabán distinguishes herself by way of biography. For the past seven years, she has been a public defender in Queens, where she has witnessed benighted prosecutorial styles pushing defendants further and further away from the chance of ever gaining their equilibrium. Ms. Cabán distinguishes herself by way of biography. For the past seven years, she has been a public defender in Manhattan, where she has witnessed benighted prosecutorial styles pushing defendants further and further away from the chance of ever gaining their equilibrium.
She has seen violent felony charges attached to people who simply stole luggage or Amazon packages from the lobbies of apartment buildings. She watched individuals being sent back to prison over and over because they weren’t getting the help they needed.She has seen violent felony charges attached to people who simply stole luggage or Amazon packages from the lobbies of apartment buildings. She watched individuals being sent back to prison over and over because they weren’t getting the help they needed.
“Rikers is the biggest mental-health hospital in the city,’’ Ms. Cabán said, talking about the city’s largest and most infamous jail.“Rikers is the biggest mental-health hospital in the city,’’ Ms. Cabán said, talking about the city’s largest and most infamous jail.
Once she had a client who kept getting locked up for short stretches — 30 days here, 60 days there — all for misdemeanors. He had been physically abused as a child and was prone to getting into fistfights. At a certain point when he landed back in court, a prosecutor demanded that he be sent away for nine months so that he would finally learn his lesson. “I said, ‘Do you really think the problem is that he doesn’t know that what he is doing is wrong?’” Ms. Cabán recalled.Once she had a client who kept getting locked up for short stretches — 30 days here, 60 days there — all for misdemeanors. He had been physically abused as a child and was prone to getting into fistfights. At a certain point when he landed back in court, a prosecutor demanded that he be sent away for nine months so that he would finally learn his lesson. “I said, ‘Do you really think the problem is that he doesn’t know that what he is doing is wrong?’” Ms. Cabán recalled.
She grew angrier at the myopia she saw around her, at the failure of so many prosecutors to understand that trauma is often passed down generationally among people living in poverty.She grew angrier at the myopia she saw around her, at the failure of so many prosecutors to understand that trauma is often passed down generationally among people living in poverty.
Then, two years ago, Larry Krasner ran for district attorney in Philadelphia. Ms. Cabán became obsessed with the race and what it promised, namely a way to abandon fossilized, tough-on-crime rhetoric in favor of calls to upend the system so that harsh consequence and arbitrary punishment were no longer default goals.Then, two years ago, Larry Krasner ran for district attorney in Philadelphia. Ms. Cabán became obsessed with the race and what it promised, namely a way to abandon fossilized, tough-on-crime rhetoric in favor of calls to upend the system so that harsh consequence and arbitrary punishment were no longer default goals.
Mr. Krasner had practiced both criminal defense and civil rights law; he, too, had been a public defender. In his first year as Philadelphia’s district attorney, city prosecutors opened 6,500 fewer cases than they had the previous year, crucially reducing the number of misdemeanor cases filed and making Mr. Krasner a kind of messiah to advocates for criminal-justice reform.Mr. Krasner had practiced both criminal defense and civil rights law; he, too, had been a public defender. In his first year as Philadelphia’s district attorney, city prosecutors opened 6,500 fewer cases than they had the previous year, crucially reducing the number of misdemeanor cases filed and making Mr. Krasner a kind of messiah to advocates for criminal-justice reform.
Other public defenders have since seen the wisdom of switching sides, so to speak. Last year Geneviéve Jones-Wright ran for district attorney in San Diego, arguing that too few of her clients had received recommendations for diversion programs from the district attorney’s office that would keep them out of the courts. She lost to a prosecutor but received the support of George Soros.Other public defenders have since seen the wisdom of switching sides, so to speak. Last year Geneviéve Jones-Wright ran for district attorney in San Diego, arguing that too few of her clients had received recommendations for diversion programs from the district attorney’s office that would keep them out of the courts. She lost to a prosecutor but received the support of George Soros.
Currently, Chesa Boudin, San Francisco’s deputy public defender, is running for district attorney there. Mr. Boudin is the son of Kathy Boudin and David Gilbert, members of the Weather Underground who were sent to prison in conjunction with the 1981 Brink’s robbery. He is campaigning in part on the promise that he will reduce high rates of recidivism and help those arrested find jobs and pursue their education.Currently, Chesa Boudin, San Francisco’s deputy public defender, is running for district attorney there. Mr. Boudin is the son of Kathy Boudin and David Gilbert, members of the Weather Underground who were sent to prison in conjunction with the 1981 Brink’s robbery. He is campaigning in part on the promise that he will reduce high rates of recidivism and help those arrested find jobs and pursue their education.
In addition to the backing from Ms. Ocasio-Cortez, Ms. Cabán has the advantage of going up against a chief rival who has been a career politician, with all the fustiness that that implies. Ms. Katz has neither been a defense lawyer nor a prosecutor; as a member of the New York State Assembly in the 1990s she voted to reinstate the death penalty, a position she now disavows.In addition to the backing from Ms. Ocasio-Cortez, Ms. Cabán has the advantage of going up against a chief rival who has been a career politician, with all the fustiness that that implies. Ms. Katz has neither been a defense lawyer nor a prosecutor; as a member of the New York State Assembly in the 1990s she voted to reinstate the death penalty, a position she now disavows.
Should Ms. Cabán win the Democratic primary next month, she would presumably serve as a role model for other young progressives to effect change from the inside. The problem, though, is that vision will get you only so far. The position of district attorney requires running a huge office, staffed with people who have grown set in their ways, often over decades.Should Ms. Cabán win the Democratic primary next month, she would presumably serve as a role model for other young progressives to effect change from the inside. The problem, though, is that vision will get you only so far. The position of district attorney requires running a huge office, staffed with people who have grown set in their ways, often over decades.
Mr. Krasner, who is in his 50s, came to the Philadelphia district attorney’s office and quickly fired people. He goes around the country as an evangelist for reform-minded prosecutorial work, often trying to talk aspiring public defenders to embark on his line of work instead. (This has angered some in public-defender circles.)Mr. Krasner, who is in his 50s, came to the Philadelphia district attorney’s office and quickly fired people. He goes around the country as an evangelist for reform-minded prosecutorial work, often trying to talk aspiring public defenders to embark on his line of work instead. (This has angered some in public-defender circles.)
Ms. Cabán is young — she has never had a supervisory role in her defense work. She, or anyone coming in with a like-minded agenda, would need deputies who commanded the respect of whatever lawyers remained among the old guard.Ms. Cabán is young — she has never had a supervisory role in her defense work. She, or anyone coming in with a like-minded agenda, would need deputies who commanded the respect of whatever lawyers remained among the old guard.
If you believe, as many legal scholars do, that the future of criminal-justice reform really lies with prosecutors, then the success of the movement depends on the election of district attorneys who posses a skill, native or acquired, for the comparatively dull business of management. Who is best suited to change institutional culture? Sometimes it is the person who has sat furthest away from it.If you believe, as many legal scholars do, that the future of criminal-justice reform really lies with prosecutors, then the success of the movement depends on the election of district attorneys who posses a skill, native or acquired, for the comparatively dull business of management. Who is best suited to change institutional culture? Sometimes it is the person who has sat furthest away from it.