A federal judge referred Philadelphia District Attorney Larry Krasner and one of his deputies to the Department of Justice for potential prosecution for alleged misconduct. In response, Krasner's office filed a motion seeking to force the Judge--Paul Diamond--from a case involving his office.

Yesterday, Judge Diamond rejected the Philly DA's motion with a terse and forcefully worded order.

Here, from the order, is some background:

In the last two years, the Third Circuit, this Court, and the Philadelphia Common Pleas Court have condemned as dishonest repeated post-trial concessions of relief made by the Philadelphia District Attorney's Office. . . . The Pennsylvania Supreme Court was so concerned that it took the remarkable step of ordering all Philadelphia Common Pleas Judges to seek the Pennsylvania Office of Attorney General's intervention whenever the DAO made a post-trial concession, so that the Attorney General could confirm the concession's honesty. . . .

The DAO's present post-trial concession is also remarkable: Here, four DAO supervisors credibly testified that the District Attorney himself and his lieutenant, Assistant District Attorney Matthew Stiegler, urged them to make false representations to this Court to "protect the office." According to "the Four," the District Attorney threatened them with "consequences" if they did not. Because these and related accusations, if true, could amount to criminal misconduct, I disqualified the District Attorney and Stiegler from participating further in this case and referred the matter to the Department of Justice for investigation. In the DAO's newly-filed Motions and the District Attorney's unsworn "Declaration"—all of which generate more heat than light—the DAO seeks my recusal from all matters in which the Office appears and asks me to reconsider my rulings in this case. I decline to do either.

And on the merits of the recusal request, here is what Judge Diamond had to say:

During the three-day hearing before me, the DAO failed to object to virtually all the rulings and actions it now challenges. That the Office chose to object only after the Court issued a decision unfavorable to the District Attorney and his lieutenant confirms that the DAO merely disagrees with those rulings. . . .

The Office challenges my noting that the District Attorney neither testified nor offered an affidavit in response to the Four's testimony—on which I based my disqualification order and DOJ referral. I do not credit the District Attorney's absurd suggestion that he did not know he could testify—especially after I twice asked DAO counsel if he wished to call any witnesses. Nor has the District Attorney explained why he did not offer a responsive affidavit, which would have required the declarant to tell the truth (under penalty of false swearing). The Office thus cannot truthfully dispute that the District Attorney chose not to give his version of events in Court under oath. The DAO's apparent belief that this tactical choice was reasonable hardly warrants recusal.

Finally, the DAO believes that I should have been leerier of Mason's testimony—the various corroborative documents notwithstanding—and more responsive to the uncorroborated, dubious testimony of Stiegler. Again, disagreement with my credibility determination is not a basis for recusal. Liteky, 510 U.S. at 555 ("[O]pinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings . . . do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible."); Wecht, 484 F.3d at 220–21 (recusal not warranted despite the court's "skewed and unfair reading of the record"). The other arguments the DAO raises do not warrant discussion. Accordingly, I will deny as frivolous the Motion for Recusal.

And on the question of reconsideration:

The DAO does not discuss or even mention the burden and criteria a party seeking reconsideration must meet. Rather, as it did in seeking my recusal, the Office urges me to revisit my rulings because it disagrees with them. Once again, that disagreement does not warrant reconsideration. . . .

I will not discuss here every protest the Office makes to virtually all my rulings, my credibility determinations, and (once again) my reference to the District Attorney's silence in the face of damning testimony from his own employees and former employee. In his belated, unsworn "Declaration" the District Attorney attacks three of these witnesses as unworthy of belief.  This after-the-fact attempt to cram "evidence" into a closed record seems intended to persuade the media, not the Court. In any event, the evidence is unpersuasive and does not warrant reconsideration. . . .

Accordingly, I will again deny the DAO's frivolous Motion.

Judge Diamond's order concludes:

Four of the District Attorney's supervisors offered powerful, unrebutted testimony that their boss and Stiegler urged them to misrepresent to this Court. When the Four told the District Attorney that he had thus created a conflict compelling them to inform the Court and withdraw from this case, he threatened them with "consequences." There are few attorney transgressions more serious than lying to the Court, urging others to do so, or threatening them should they tell the Court the truth. . . . If this in fact occurred, it is all the more serious because it occurred after four Courts condemned the DAO's conduct in circumstances like those presented here. Disqualifying the District Attorney and Stiegler and referring them for investigation is thus reasonable and warranted. That the District Attorney chose not to testify but sought to "make his case" with an unsworn declaration—the credibility of which I am unable to assess—makes that investigation even more necessary. Although Mr. Krasner may yet have the opportunity to testify under oath in another forum, his intemperate filings provide no basis for recusal or reconsideration of my rulings.

The post Judge Refuses to Recuse in Case Involving Alleged Misconduct by Philly DA's Office appeared first on Reason Magazine.

Imagine getting a bill from your local government for $900,000 because they see a greenhouse on your property and just assume you're growing marijuana without a permit.

Imagine government demanding $400,000 because you didn't know to fill out a single-page form.

Or you get slapped with a $100,000 fine for parking your car on your own property.

It sounds absurd, but as my newest video shows, that's really happening.

How can that be? Doesn't America's Constitution say government may not impose "excessive fines"?

It happens because some bureaucrats, savoring their power, act like tyrants.

At least now there is hope for a remedy. One of these excessive fine cases has reached the Supreme Court.

Ken Jouppi worked as a pilot in Alaska for 30 years, until one day, state troopers stopped his plane before takeoff.

"I didn't think we had anything to hide," he says. "They searched the airplane, opened up this lady's boxes of groceries and found beer."

Transporting beer. That was his crime.

"Isn't beer legal in America?" I ask Jouppi's lawyer, Mike Greenberg.

"In most places," he replies. But some towns in Alaska ban beer.

Jouppi was convicted of bootlegging.

Every pilot must know which town has what rule, and search everybody?

"They think pilots should search people's luggage," says Jouppi. "It was such a terrible thing to do to another individual, invade their privacy, and assault their dignity….I just didn't feel right about doing that."

Alaskan officials say the beer was visible, so Jouppi should have known about it. They jailed him for three days and seized his plane.

"That airplane was my primary source of income," says Jouppi. "Without it, I didn't have a business anymore."

I assumed such excessive punishment would be dismissed quickly by a court. But it wasn't.

"Jouppi has been fighting to keep his plane for 14 years," says Greenberg. "The plane is still sitting on a tarmac….It's a ludicrous situation where the state has every interest in going after valuable assets rather than actually fighting supposed harms of alcohol."

Greenberg's law firm, the Institute for Justice, took Jouppi's case, and now the U.S. Supreme Court will hear it.

I hope he wins. It's just wrong when governments destroy lives for small mistakes.

They're also doing that to Tuncay Saydam, a retired professor.

The IRS demands he pay $400,000 because he didn't know to fill out a one-page form about an old bank account in his native Turkey.

"The fines," says Saydam, "will destroy my life….We have never been rich."

His unpaid tax is less than $30,000. But the IRS demands he pay them more than $400,000. A California court upheld that penalty. Northern Californian Chief Magistrate Judge Donna Ryu wrote, "Government suffered a significant tax loss."

Finally, bureaucrats in Humboldt County, California, took aerial photos of people's property to search for unlicensed marijuana farms.

When they saw greenhouses, they fined property owners.

Blu Graham was fined $900,000, "$30,000 a day, when all I've ever done is grow vegetables in my greenhouses."

"There actually was no marijuana on the property!" says Greenberg. "They were just guessing that if you built a greenhouse, this must be connected to marijuana."

Finally, a lawsuit got the county to promise to end its ruinous fine system.

But it took four years.

Why do governments fight to keep outrageous fines that punish largely innocent people?

"Unlike other forms of punishment," says Greenberg, "fines make the government money. The prosecutor's office, state troopers, they get to keep the proceeds. It's an abusive system because they have every incentive to continue to prosecute."

I invited the heavy-fining judges and government lawyers to appear in my video to explain these fines. None would agree to talk about it.

Bureaucrats always want more money. It's a reason the Constitution prohibits excessive fines.

I trust that the Supreme Court will put a stop to these abuses.

COPYRIGHT 2026 BY JFS PRODUCTIONS INC.

The post How Local Governments Turn Minor Violations Into Financial Ruin appeared first on Reason Magazine.