Ex-prosecutor says DOJ resignations in LA unlike anything in his tenure

Mack E. Jenkins, a former leading federal prosecutor in the Central District of California, said Monday the recent resignations from the U.S. Attorney's Office over internal disagreements are unlike anything he witnessed during his 17 years with the Department of Justice.

The U.S. Attorney's Office pointed out departures are occurring because of the federal employee buyout program initiated by the Trump administration in early 2025 and the cost savings and personnel reductions recommended by the Department of Government Efficiency. These are "the biggest reason why people left the U.S. Attorney's Office for the Central District of California this year," Ciaran McAvoy, chief spokesman for the office, said in an email Tuesday.

Jenkins, who left the office at the end of last year and joined Hecker Fink LLP as a partner in February, said in a phone interview that while turnover is par for the course in any U.S. Attorney's Office, the wave of resignations at the turn of the administration this year has stood out.

"During my 17 years, never did I see a prosecutor resign out of disagreement with the U.S. attorney or the department, which I've seen more recently, as I understand it from the reporting in the current administration," Jenkins said.

Jenkins - the former chief of the Central District's criminal division - said his departure was not due to any political disagreement but because he wanted to pursue a broader range of legal work and have more time to spend with his family.

He recalled that throughout his tenure, the district's leadership maintained a consistent commitment to doing what was right for the community.

"I think the reason - during my 17 years, which I worked for two Republican presidents and two Democratic presidents - is that our U.S. attorneys, the presidentially appointed ones that I worked for, always had at the forefront doing what was in the community in our district's best interests," Jenkins said.

He continued, speaking about the role of the U.S. attorney in his experience: "Even their political affiliations or views or priorities never were in contrast with individuals wanting to do the right thing for the right reasons. ... I think that was an important part of the integrity of the process and the department that I was proud to be a part of."

Among the Central District prosecutors who left the office this year is Cassie D. Palmer, now a partner at Kendall Brill & Kelly LLP. She was the former chief of the district's Public Corruption and Civil Rights Section.

She and three colleagues resigned in May after then-interim and newly appointed Acting U.S. Attorney Bilal A. Essayli sought to reduce a jury conviction against a former Los Angeles County sheriff's deputy from a felony to a misdemeanor. According to the case docket, Palmer, Brian R. Faerstein, Eli A. Alcaraz and Michael J. Morse were removed from the case on May 2.

In reference to that case, Palmer - who had served in the office for a decade - said in an interview earlier this month that she resigned, "following my objections to a proposed plea agreement for a convicted sheriff's deputy that undermined the jury's verdict."

Jenkins said he was "fortunate of never being asked to do something I couldn't stand up in court and be proud to say, 'I'm doing so on behalf of the United States.'"

In February, Palmer led a team of prosecutors who achieved a jury conviction against Trevor Kirk for assaulting and pepper-spraying a woman who was filming an arrest. The incident, captured on video, was reviewed by the jurors and the judge. U.S. v. Kirk, 2:24-cr-00527 (C.D. Cal., filed Sept. 4, 2024).

Months later, Assistant U.S. Attorney Robert J. Keenan - who joined the case post-conviction - moved to replace a charge that carried a maximum 10-year prison sentence with one that carried only a year of probation. Although the government's probation bid was denied, the assault charge was reduced to a misdemeanor and Kirk was later sentenced to four months in prison.

Keenan, who said he wasn't accusing his former colleagues of misconduct or bad faith prosecution tactics, told U.S. District Judge Stephen V. Wilson that the government retained discretion to withdraw a case it no longer believed reflected justice based on the evidence.

In Kirk's case, the central issue is the severity of the alleged excessive force Kirk used against the victim. During post-trial hearings, Keenan said his review of the case did not support the evidence that Palmer's team had presented at trial.

When the government sought to reverse Wilson's sentencing, the judge again refused to side with the prosecutors, ruling that Keenan failed to present any new evidence or post-conviction findings to justify the request. Wilson's final order is now on appeal, filed by Kirk's attorneys.

Jenkins said while disagreements over prosecutorial discretion are not new, resignations stemming from those disputes are "definitely more unusual."

He noted that many departures are often driven by personal or professional motivations - such as financial pressures or family consideration - rather than politics.

The Daily Journal contacted a number of attorneys who have left the U.S. attorney's office in recent months but they did not respond to our query, or declined to say why they left.