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Federal Judge Refers Philadelphia DA Larry Krasner to DOJ for Criminal Investigation

Olivia Mercer
Olivia Mercer •

A federal judge in Philadelphia referred District Attorney Larry Krasner and his conviction integrity chief to federal prosecutors, finding in a 40-page memorandum that the citys top law enforcement officer may have violated the law while defending a murder conviction and may have pushed subordinates to mislead the court.

Federal Judge Refers Philadelphia DA Larry Krasner to DOJ for Criminal Investigation

A federal judge in Philadelphia has referred District Attorney Larry Krasner and one of his top deputies to federal prosecutors for a criminal investigation, concluding that the city's chief law enforcement officer may have violated the law while defending a murder conviction. U.S. District Judge Paul Diamond issued a 40-page memorandum Tuesday finding that testimony in his courtroom raised the possibility that Krasner and his conviction integrity chief pressured subordinate prosecutors to present a false narrative to the court. Both men were removed from the case. The referral hands the matter to this district's United States Attorney's Office and places one of the country's most prominent progressive prosecutors under direct federal scrutiny.

Diamond's language was unusually direct for a federal bench document. He wrote that he had "reluctantly" concluded that Krasner and Matthew Stiegler, who leads the office's Conviction Integrity Unit, may have broken the law, and described the conduct he reviewed as "troubling." The memorandum charges no one with a crime. It asks federal prosecutors to decide whether charges are warranted.

A Judge Says the Office Was Defended, Not the Truth

The memorandum rests largely on what assistant district attorneys told Diamond during hearings that began in May. Those prosecutors testified that Krasner wanted the case litigated in a manner designed to "protect the office," an approach the judge called incompatible with their ethical obligations and with the interests of the Commonwealth of Pennsylvania.

According to the court's account, Krasner and Stiegler were urged to refer the matter to the Pennsylvania Office of the Attorney General because of a conflict of interest, and Krasner refused. The memo further states that Krasner told employees there "would be consequences" if any of them alerted the court to the conflict issue. Diamond concluded the office may have moved to "implement and present a false narrative to the court."

He framed the referral as an obligation he did not seek. "In these circumstances, with the issuance of this Memorandum, I refer the DAO, Mr. Krasner, and Stiegler to this District's United States Attorney's Office for investigation and other appropriate action," Diamond wrote.

The conduct the judge described is not a technical or procedural misstep. Pressuring line prosecutors to mislead a court, and warning staff against flagging a conflict, are the kinds of acts that federal perjury and obstruction statutes were written to reach. That is a significant part of why Diamond refused to resolve the matter quietly inside the case and instead put it in the hands of criminal investigators.

The Dennis Johnson Case at the Center

The dispute traces to Dennis Johnson, convicted in 2009 of killing Kenyatta Smith. Johnson has spent years trying to overturn that conviction, and in 2022 the District Attorney's Office filed court documents stating that he was entitled to habeas relief because his trial lawyer was ineffective.

The office later withdrew that concession. A large portion of Diamond's memorandum addresses a former assistant district attorney whom Stiegler blamed when the concession was pulled, and the judge's findings treat the reversal as a turning point in the case rather than a routine change in legal position.

Conviction integrity units exist to correct wrongful convictions, and their authority depends on a willingness to concede error even when the concession damages the office that created them. A judicial finding that the unit's own leader withheld a known conflict from the bench strikes at that foundation, and it gives defense attorneys handling other cases a template for challenging the convictions that unit has reviewed.

Krasner Rejects the Findings and Signals an Appeal

Krasner responded quickly, disputing the ruling without conceding ground. He said he "respectfully and vigorously" disagreed with the court's findings of fact and conclusions of law and intended to appeal as soon as the law allows, adding that the pending matter limits what he and his office can say publicly for now.

The district attorney has been a central figure in Philadelphia politics since voters elected him in 2017 on a promise to overhaul the office, and he won a second term four years later. His supporters have long argued that his approach targets misconduct by police and prosecutors. The memorandum turns that argument inward, alleging misconduct inside the office itself.

The referral also arrives during a broader stretch of federal scrutiny aimed at Democratic officials in major cities, the same pattern visible in the widening investigation into California Governor Gavin Newsom. A referral from the bench carries no automatic obligation. It reaches a U.S. Attorney's Office operating under an administration that has made prosecutorial accountability a stated priority.

An appeal would move the Johnson case to the federal appellate court in Philadelphia, and it would test how much deference a district attorney's office is owed when a federal judge concludes its leaders misled the bench.

What Happens Next

Krasner and Stiegler are off the Johnson case, and federal prosecutors now hold the decision on whether to open a formal investigation, convene a grand jury, or decline the referral entirely.

Three things are worth watching. The first is whether the U.S. Attorney's Office confirms it is reviewing the memorandum. The second is whether the Pennsylvania Attorney General, who under Diamond's account was never handed the case, moves on its own initiative. The third is whether Johnson receives the relief he sought, since the same findings that triggered the referral could also reshape his bid to overturn a conviction now 17 years old.

The practical effect is already clear. A federal judge has told the Justice Department, in writing and on the record, with names attached, that he believes a sitting district attorney may have committed a crime. Whatever happens next, that finding is now part of the public record, and it will follow every case Krasner's office touches.