by Clark L. Hildabrand
As crime continues to plague the cities of Nashville and Memphis, Tennessee’s U.S. Attorneys have deemphasized prosecuting those who violate our criminal laws. In the first year of office for President Biden’s U.S. Attorney for the Western District of Tennessee, criminal case filings declined by over 25 percent compared to the previous year. Even worse, in the first year of office for President Biden’s U.S. Attorney for the Middle District of Tennessee, the number of defendants charged with crimes dropped by a whopping 64.6 percent compared to the prior year. That was by far the largest decline in prosecutions of any federal district in the country. The Eastern District of Tennessee was not immune from the statewide decline as the number of defendants initially charged there ebbed by 23.9 percent in 2023.
Even by the standards of the Biden Administration, the lack of diligence by federal prosecutors in Tennessee stands out. Over 2023, the number of new federal criminal cases declined by 4.4 percent nationwide. The decline in prosecution in Tennessee districts was multiple times that. Compare the performance of federal prosecutors in the neighboring state of Alabama, which also has three federal districts, with our experience in Tennessee. In 2023, federal prosecutors in Alabama charged slightly more defendants than in 2022 and initiated more criminal cases than federal prosecutors in Tennessee, even though Alabama has 2 million fewer residents than Tennessee. Personnel is policy, and prosecutors such as the interim U.S. Attorney for the Northern District of Alabama, who has served in that role since leaving the Trump Department of Justice in D.C., are simply more focused on protecting Americans from crime.
Instead, Tennessee U.S. Attorney Offices have diverted their resources to fighting the government and law-abiding people of Tennessee. In Middle Tennessee, for example, federal prosecutors have refused to comply with FOIA and release the Covenant School shooter’s manifesto. Even Judge Aleta Trauger, a President Clinton appointee, recently ruled that federal law enforcement had so far failed to justify withholding the documents from the public. Despite the U.S. Attorney for the Middle District initiating criminal cases against only about a third as many defendants, the office has poured tremendous resources into prosecuting pro-life advocates for protesting abortion years ago. Months after Dobbs made clear that Tennessee’s abortion laws are constitutional, federal law enforcement raided the home of a Centerville, Tennessee pro-life advocate so they could indict him for a protest that occurred more than a year prior. And while presenting at a recent bar association lunch, an Assistant U.S. Attorney originally from New York had no qualms telling the audience of Tennessee attorneys and judges that the criminal justice system is systemically racist.
Federal Tennessee prosecutors’ lack of zeal has been most concerning in the realm of violent crime and immigration. The Biden Administration’s border policies have enabled a massive increase in illegal immigration. Yet federal prosecutors in West Tennessee charged only a single defendant in 2023 for violating our nation’s immigration laws. In Middle Tennessee, prosecutors brought only 7 violent crime cases in 2023. The number of criminal prosecutions in West Tennessee would have been worse if the Criminal Division of the U.S. Department of Justice in D.C. had not listened to Tennesseans’ concerns about crime in Memphis and devoted extraordinary resources to correct the lack of enforcement. That Biden Administration officials in D.C. needed to correct the lack of prosecution is telling.
In short, one of the major consequences for Tennesseans from the 2024 presidential election is whether we will continue to have local federal prosecutors who are ambivalent, or even antagonistic, toward the interests of Tennessee or instead will gain federal prosecutors committed to protecting Tennesseans from crime. A more interactive, cooperative federalism would better serve Tennessee. Of course, a first line of responsible county and state law enforcement is preferable to relying on U.S. Attorneys. But there will always be situations where federal law enforcement is well situated to step in, such as to enforce a law that has a particular federal interest or to protect Tennesseans when local prosecutors cannot or will not do so. Hopefully, the next presidential administration will select prosecutors who are more committed to protecting Tennesseans from violent criminals and illegal aliens.
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Clark L. Hildabrand is a Tennessee native who served as Deputy Chief of Staff and Senior Counsel for the Tennessee Attorney General’s Office. He currently works in private practice. The opinions expressed in this article are his alone.
Photo “Crime Scene” by MacWagen CCNCND2.0.
