Former federal prosecutors say the decisions are likely due, in part, to the office lacking a Senate-confirmed leader for the longest stretch in its 166-year history.
“The general thought is that a Senate-confirmed U.S. attorney who has some degree of added clout in the Justice Department would be more inclined to lean forward or refuse to take cases,” said Daniel Richman, a former assistant U.S. attorney in New York and now a Columbia Law School professor.
“I’m glad that we were able to take these cases and handle them in the manner in which we have,” O’Malley said. “I frankly enjoy working with our federal law enforcement partners. They bring expertise, and they bring their resources to the table that oftentimes you can’t get locally because municipalities don’t have that level of funding.”
“You have a little more clout when you go into main Justice and push for cases,” DeVillers said. “A is going to pick up the phone if you’re a confirmed U.S. attorney. I think that’s fair to say.”The federal prosecutor’s office in Cleveland is currently run by First Assistant Michelle Baeppler. She’s the second non-Senate-confirmed leader in the office since Justin Herdman resigned on Jan. 8, 2021, shortly after President Joe Biden took office.
Federal prosecutors in northern Ohio charged 926 people during the court’s fiscal year, from September 2021 to September 2022— a 24.6% drop from the previous year. That’s triple the rate of the national drop of about 8%.The report also showed that drug and gun cases made up 73% of the cases filed in northern Ohio; in southern Ohio, those cases made up 64%.
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