Politics
The real reason LA’s DA is suddenly talking about the Menendez brothers

UPDATE (Oct, 24, 2024, 5:30 p.m.): L.A. District Attorney George Gascón said in a press conference on Thursday that he will ask a court to resentence Erik and Lyle Menendez and make them eligible for parole “immediately.”
Like millions of Americans, I’ve been riveted by “Monsters: The Lyle and Erik Menendez Story,” the hit Netflix series about the two Beverly Hills brothers who murdered their parents in 1989. Some of showrunner Ryan Murphy’s work is too campy for my tastes, but this time around he nailed it, helped by a superb cast anchored by Javier Bardem (Jose Menendez, an entertainment executive) and Chloë Sevigny (his aimless wife, Kitty).
The series also appears to have a fan in George Gascón, the Los Angeles district attorney. Earlier this month, the 70-year-old prosecutor announced he was reviewing the Menendez convictions, which saw them sentenced to life in prison in 1996. “Given the totality of the circumstances, I don’t think they deserve to be in prison until they die,” he has said.
The Menendez brothers have developed quite a fan base online in recent years, and Gascón is clearly playing to a social media audience.
The brothers could be set free, or face a lighter sentence. I am not sure if that’s the right call — but I do have the queasy feeling that Gascón is only using the Menendez case as a last-ditch effort to escape defeat on Election Day.
To his credit, Gascón has overseen 14 exonerations of unjustly convicted people. Only I don’t think that’s happening here. Instead, a politician in trouble is exploiting a tragedy. And make no mistake, Gascón is in big trouble, trailing law-and-order candidate Nathan Hochman by 30%, according to a recent poll conducted by the UC Berkeley Institute of Governmental Studies and the Los Angeles Times (with a margin of error of plus or minus 3 percentage points).
Hochman has said that the “timing is incredibly suspicious.” Yes, he also has a political stake here, just like Gascón. Which is what makes this whole matter so unseemly: The district attorney has turned the troubled brothers into a political prop.
An opportunity to change the narrative
Enter the Menendez case.
Last year, the brothers’ attorneys submitted a writ of habeas corpus in which they claimed the murder was an act of “imperfect self-defense, after a lifetime of physical and sexual abuse from their parents.” They also submitted new evidence, including a letter Erik, then 13, wrote to a cousin: “Every night I stay up thinking he might come in.” The petition additionally includes an allegation from Roy Rosselló, a former member of the boy band Menudo, that “he was anally raped twice, and orally copulated, by Jose Menendez.”
Gascón announced his renewed interest in the Menendez case on Oct. 3. As Kathy Cady, an attorney for Kitty Menendez’s brother, notes, that same day, the Los Angeles Times ran a new story about Shanice Amanda Dyer, a member of the Crips who had killed two people, seemingly at random, when she was 17. Gascón tried her as a juvenile, in keeping with his progressive philosophy. A short stint in prison, and Dyer was out, soon to be arrested for a suspected Pomona killing.
Gascón’s office told me that he “has a legal right to request that the court re-sentence the brothers to a lesser sentence if they have been rehabilitated.” But for Cady, who says her client has been kept in the dark by the prosecutor’s office, this is yet another example of Gascón’s “callous disregard” for the victims of crime.
The Menendez brothers have developed quite a fan base online in recent years, and Gascón is clearly playing to a social media audience, as if his constituency were entirely in cyberspace. In one cringeworthy TikTok clip, he hypes himself up to a Sabrina Carpenter soundtrack. Some of the comments are rather revealing. “I’ve never been more invested in California politics until now,” wrote a user who said she was from Mississippi. There are a lot of heart emojis and the like, with little questioning of his motives. At least online, Gascón has gotten the reaction that he sought. The real world is another matter.
From LA to cop to LA’s top cop
Gascón used to be a cop in Los Angeles, later became the chief of police in Mesa, Arizona, and eventually became San Francisco’s district attorney (a post vacated by now-Vice President Kamala Harris, who had been elected California’s attorney general at the time). Then, in 2019, Gascón announced he was moving to Los Angeles, where he would run for district attorney on a progressive platform.
I have the queasy feeling that Gascón is only using the Menendez case as a last-ditch effort to escape defeat on Election Day.
My own view is that criminal justice reform is inherently at odds with the prosecutor’s role — it’s like asking the bartender to preach sobriety. Progressive prosecutors set themselves up for failure by radically shifting the priorities of an office most people expect to charge alleged criminals with crimes. And they often neglect to explain their policies in ways that are free of jargon.
Gascón never allayed the anxieties of his critics, instead supplying them with ever more evidence, like charging some suspects of serious crimes with misdemeanors or recommending mental health treatment instead of prison for assailants with histories of violence.
OK, you’re thinking, it’s entirely possible that Gascón is a deeply flawed prosecutor and politician. Even so, he could still be right about the Menendez case. Having him win a second term might just be the price we have to pay for the brothers to finally get the fair hearing they have long deserved. (Although, there’s no indication at this point that the Menendez case has boosted Gascón’s poll numbers.)
Except there is no reason to believe this was a miscarriage of justice. There is no dispute about who killed Kitty and Jose Menendez as they watched TV on a summer Sunday night. The cops didn’t swab the brothers for gunpowder residue, as they should have, but there was no incompetence of the kind that would mark the imminent trial of O.J. Simpson.
Alan Abrahamson covered the first Menendez trial (which allowed for an airing of abuse allegations and ended in a hung jury; they were convinced at a second trial, the scope of which was more limited) for the Los Angeles Times and came to the conclusion that “the brothers are skilled liars who prey on the emotions of those who do not understand the presence of evil in our world,” as he wrote recently in The Free Press.
Yes, we see the case differently than we did 30 years ago, when our ears were not as attuned to the abuse of boys and men. But the brothers were not convicted of being entitled rich kids, which was the prevailing perception of them at the time. They went to prison for killing their parents. With shotguns. In cold blood. That was true then, and it is true now.
During their two trials, the Menendez brothers told their story with practiced eloquence and seemingly genuine emotion. They were represented by some of the most talented defense counsel available in Los Angeles. The jury heard the defendants out and found them guilty. The case was closed. By cynically reopening it, Gascón is impugning the work of the very same criminal justice system he supposedly represents. Angelenos deserve better.
Politics
‘Uniting anger’: Democrats fume over Schumer’s handling of funding fight
Chuck Schumer is facing one of the most perilous moments of his Senate leadership career.
The Senate minority leader came under heavy fire for the second straight day from Democrats enraged at him for backing a Republican bill to avoid a government shutdown, and fallout appears likely to last well past Friday’s vote.
A handful of House lawmakers, including some in battleground districts, are floating supporting a primary challenge against him. Activists are organizing efforts to punish him financially. Schumer is facing questions within his own caucus about whether he made strategic errors in handling the high-stakes moment and failed to outline a clear plan about how to deal with the complex politics of a shutdown, according to interviews with six lawmakers or their aides. Some Democratic senators are even privately questioning whether he should stay on as their leader.
“He’s done a great deal of damage to the party,” said Ezra Levin, co-founder of the liberal group Indivisible, which has scheduled an emergency call Saturday with its New York chapter and other local leaders to “seriously consider if the current [Democratic] leadership is equipped to handle the moment we’re in.”
In a remarkable sign of how deep the intraparty frustration with Schumer runs, House Minority Leader Hakeem Jeffries refused to throw his fellow New Yorker a life raft. Asked by reporters on Friday if there should be new leadership in the Senate, he said, “Next question.”
Schumer’s one-time partner, former House Speaker Nancy Pelosi (D-Calif.), went so far as to urge senators to vote against his position, saying that “this false choice that some are buying instead of fighting is unacceptable.” And dozens of House Democrats sent a sharply worded letter to Schumer Friday, which expressed “strong opposition” to his standpoint, arguing that the “American people sent Democrats to Congress to fight against Republican dysfunction and chaos” and that the party should not be “capitulating to their obstruction.”
Though several senators said they supported his leadership, some Senate Democrats avoided questions when asked directly Friday about whether they continued to support him in the role.
“We still have more to play out on this,” said Sen. Tim Kaine (D-Va.). “So I’m not really thinking about the big-picture politics.”
Sen. Tammy Baldwin (D-Wis.) also dodged, saying: “The leader I don’t have confidence in is Donald Trump.” And Sen. Ruben Gallego (D-Ariz.) responded to a query on whether he still supports Schumer by calling for a “good post-mortem” on Senate Democrats’ approach to the government funding fight.
“Anytime you have a failure — and this is a failure altogether — we as a caucus owe it to Democrats across the country and our constituents to look back and see: How do we get ourselves into this situation?” he said.
One Democratic senator granted anonymity to share private discussions said conversations are starting about whether Schumer should be their leader going forward.
“There’s a lot of concern about the failure to have a plan and execute on it,” the senator said. “It’s not like you couldn’t figure out that this is what was going to happen.”
The frustration toward Schumer reflects a boiling anger among Democrats over what they view as their party’s lack of a strategy for taking on Trump in his second term. Though few in Democratic circles think Schumer’s job as minority leader is at risk — and he isn’t up for reelection until 2028 — the frustration toward him spans the party’s spectrum, from moderates to progressives, both in and outside of Congress.
Schumer has defended his vote to keep the government running as the best of two bad choices aimed at not ceding Trump and billionaire adviser Elon Musk even more power to slash the government. Nine Democratic senators and an independent who caucuses with Democrats joined him to advance the bill, enough to prevent a government shutdown.
“A government shutdown gives Donald Trump, Elon Musk and DOGE almost complete power as to what to close down, because they can decide what is an essential service,” Schumer said in a BLN interview. “My job as leader is to lead the party, and if there’s going to be danger in the near future, to protect the party. And I’m proud I did it. I knew I did the right thing, and I knew there’d be some disagreements. That’s how it always is.”
He added that he is not concerned with his leadership position: “I have the overwhelming support of my caucus. And so many of the members thanked me and said, ‘You did what you thought was courageous, and we respect it.’”
But behind closed doors, even some longtime Schumer allies are raising the specter that his time has passed.
“Biden is gone. Pelosi is in the background. Schumer is the last one left from that older generation,” said one New York-based donor who is a longtime supporter of the leader. “I do worry that the older generation thinks 2024 was just about inflation, but no, the game has changed. It’s not left wing or moderate, it’s everyone now saying — the game is different now. But he was set up to battle in 2006, and we’re a long way from 2006.”
Adam Green, co-founder of the Progressive Change Campaign Committee, said “active conversations” are taking place among liberal groups about how to make Schumer pay. He said Schumer will likely face protests over his support for the GOP bill at his tour stops next week for his new book “Antisemitism In America: A Warning.” But he said the effort to hold him “accountable” will not end there.
“He has to be made an example of to enforce Democratic backbone going forward,” he said.
And it’s far from just progressives.
“I have not seen such uniting anger across the party in a long, long time,” said Charlotte Clymer, a Democratic operative associated with the moderate wing of the party who launched a petition to boycott donations to Senate Democrats until they force Schumer out as minority leader. “Sen. Schumer has managed to unite us far more than Trump has in recent months.”
After the GOP bill advanced Friday, Congressional Progressive Caucus chair Greg Casar said in a statement that “we need more leaders from the stand and fight wing of the Democratic Party.” MoveOn warned that the liberal group’s “members will be demanding answers from their elected officials” about the vote. The progressive organization Justice Democrats sent a text to supporters reading “F*ck Chuck Schumer.”
Also on Friday, dozens of protesters organized by the Sunrise Movement descended on Schumer’s office in the Hart Senate building holding signs that read: “Schumer: step up or step aside,” demanding he reverse course on supporting the bill. The group said 11 people were arrested.
“We have to reckon with the fact that young people, working-class people, people of color — the backbone of the Democratic Party — are moving away from the party,” said Stevie O’Hanlon, the organization’s political director. “Chuck Schumer is part of that reason.”
Still, some Democratic senators publicly stood by Schumer on Friday.
Asked if people are urging her to run for Schumer’s job, Sen. Patty Murray (D-Wash.), said, “No, no,” adding, “I’m doing my job today.”
Sen. Gary Peters (D-Mich.), who is retiring after this term, called Schumer “a good leader.” Sen. John Hickenlooper (D-Colo.) told reporters he still has confidence in Schumer in the top role.
Others acknowledged the difficult position Schumer found himself in as he attempted to steer his caucus through a lesser-of-two-evils situation without the same simple-majority cover that Jeffries had in the House.
“It’s tough to be the leader,” said Sen. Jack Reed (D-R.I.).
With reporting by Emily Ngo and Hailey Fuchs.
Politics
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