Bill McSwain

McSwain graduated from Yale University in 1991.{{Cite web|last=Blumenthal|first=Jeff|date=2021-01-14|title=U.S. Attorney William McSwain announces resignation|url=https://www.bizjournals.com/philadelphia/news/2021/01/14/william-mcswain-eastern-pas-top-federal-prosecu.html|access-date=2021-01-14|website=Philadelphia Business Journal}} After graduating from Yale, he spent four years in the U.S. Marine Corps{{Cite web|last=Roebuck|first=Jeremy|date=2018-05-14|title=In era of politicized prosecutors, Trump's U.S. attorney in Philly isn't out to change the system|url=https://www.inquirer.com/philly/news/pennsylvania/philadelphia/william-mcswain-bill-us-attorney-eastern-district-of-pennsylvania-philadelphia-krasner-trump-20180513.html|access-date=2021-07-16|website=The Philadelphia Inquirer|language=en}} as an infantry officer.{{Cite web|last1=Roebuck|first1=Jeremy|last2=Tamari|first2=Jonathan|date=2017-12-20|title=Trump picks Center City lawyer William McSwain for U.S. attorney slot in Philly|url=https://www.inquirer.com/philly/news/pennsylvania/philadelphia/trump-nominates-bill-mcswain-drinker-biddle-for-us-attorney-philadelphia-20171220.html|access-date=2021-07-16|website=The Philadelphia Inquirer|language=en}} He commanded a platoon in that role. In 2000, he graduated from Harvard Law School, where he was an editor of the Harvard Law Review.

From 2003 to 2006, McSwain was an Assistant U.S. Attorney in the U.S. Attorney's Office for the Eastern District of Pennsylvania; the district, based in Philadelphia, covers nine counties (Philadelphia, Montgomery, Delaware, Chester, Berks, Bucks, Lancaster, Lehigh, and Northampton). In 2006, McSwain left the U.S. Attorney's Office to join the law firm Drinker, Biddle & Reath in Center City, Philadelphia. His work principally focused on business litigation and white-collar defense matters, but he attracted attention among Pennsylvania Republicans for representing conservative litigants in cases over issues such as the Boy Scouts of America's exclusion of gay scout leaders and the preservation of the Ten Commandments plaque at the Chester County Courthouse.{{Cite web |title=Chester County Looks to Save Ten Commandments Plaque |url=https://www.law.com/thelegalintelligencer/almID/900005373503/ |access-date=2024-01-26 |website=The Legal Intelligencer |language=en}} He was successful in both cases. In published letters, McSwain defended George W. Bush-era "enhanced interrogation techniques" and, in 2016, criticized football player Colin Kaepernick as "uninformed and hypocritical" for his national anthem protests.

President Donald Trump nominated McSwain to be the United States Attorney for the Eastern District of Pennsylvania, and the nomination was received in the Senate on December 21, 2017.{{cite web|title=William M. McSwain Sworn in as United States Attorney|url=https://www.justice.gov/usao-edpa/pr/william-m-mcswain-sworn-united-states-attorney|website=U.S. Department of Justice|date=April 6, 2018}}[https://www.congress.gov/nomination/115th-congress/1339 PN1339 — William M. McSwain — Department of Justice] 115th Congress (2017-2018), Congress.gov. On March 15, 2018, his nomination was reported out of the Senate Judiciary Committee by voice vote.{{cite web|url=https://www.judiciary.senate.gov/imo/media/doc/03-15-18%20Results%20of%20Executive%20Business%20Meeting.pdf|title=Results of Executive Business Meeting – March 15, 2018, Senate Judiciary Committee|publisher=}} On March 20, 2018, the Senate confirmed McSwain's nomination by voice vote. He was sworn in on April 6, 2018.{{Cite web|last=Rellahan|first=Michael|date=2018-06-30|title=Chester County native William McSwain sworn in as US Attorney|url=https://www.pottsmerc.com/news/chester-county-native-william-mcswain-sworn-in-as-us-attorney/article_b207a385-48e8-5579-9304-4191c04a1d50.html|access-date=2021-07-16|website=The Mercury|language=en}}

During his time as U.S. Attorney, McSwain's public office spent $75,138 to put his face on four billboards in Philadelphia, as well as Allentown and Lancaster. The billboards had the slogan "Gun crime = fed time, no parole, every time," with McSwain's face taking up a third of the space on each billboard.{{Cite web|last=Brennan|first=Chris|date=2020-07-24|title=U.S. Attorney Bill McSwain spent more than $75,000 to slap his name and face on billboards|url=https://www.inquirer.com/politics/clout/us-attorney-bill-mcswain-philly-da-larry-krasner-fraternal-order-police-governor-tom-wolf-scott-wagner-20200724.html|access-date=2021-07-16|language=en|newspaper=The Philadelphia Inquirer}} The move was controversial because of the likelihood that the advertising would increase his name recognition and face recognition, and aid McSwain's political ambitions.{{Cite web|last=Meyer|first=Katie|date=2021-01-14|title=U.S. Attorney William McSwain, antagonist to Kenney and Krasner, resigns|url=https://whyy.org/articles/u-s-attorney-william-mcswain-antagonist-to-kenney-and-krasner-resigns/|access-date=2021-07-16|website=WHYY|language=en-US}}

McSwain sued to prevent the opening of a supervised injection site to be called "Safehouse" whose supporters believed it would prevent opioid overdose deaths in Philadelphia. The concept of a safe injection site was received with both opposition and support, with 90% of surveyed residents and 63% of business owners and employees in Kensington, the neighborhood of Philadelphia hardest hit by the opioid epidemic, approving the measure. {{Cite web|last=Reid|first=Alecia|date=2020-02-26|title='You Blindsided Us': Residents Outraged Over Safe Injection Site Being Put In South Philadelphia|url=https://philadelphia.cbslocal.com/2020/02/26/you-blindsided-us-residents-outraged-over-safe-injection-site-being-put-in-south-philadelphia/|access-date=2021-07-16|website=CBS Philly|language=en-US}}{{Cite web|last=Feldman|first=Nina|date=2019-06-05|title=Drexel survey shows wider neighborhood support for overdose prevention site|url=https://whyy.org/articles/drexel-survey-shows-wider-neighborhood-support-for-overdose-prevention-site/|access-date=2021-02-06|website=WHYY|language=en-US}}{{Cite web|last=Whelan|first=Aubrey|date=2019-06-06|title=Philly's Kensington neighborhood, hard-hit by opioids, shows support for supervised-injection sites in survey|url=https://www.inquirer.com/news/supervised-injection-sites-kensington-philadelphia-drexel-university-20190606.html|access-date=2021-02-06|website=The Philadelphia Inquirer|language=en}}[https://scholar.google.com/scholar_case?case=10217481887745463635 United States v. Safehouse] (3d Cir. 2021). However, a swath of Kensington residents felt “blindsided” by the proposal to introduce safe injection sites and questioned the legitimacy of the survey and whether its methods were scientific.{{Cite web |date=2020-02-26 |title='You Blindsided Us': Residents Outraged Over Safe Injection Site Being Put In South Philadelphia - CBS Philadelphia |url=https://www.cbsnews.com/philadelphia/news/you-blindsided-us-residents-outraged-over-safe-injection-site-being-put-in-south-philadelphia/ |access-date=2024-01-26 |website=www.cbsnews.com |language=en-US}}{{Cite web |last=Feldman |first=Nina |date=June 5, 2019 |title=Drexel survey shows wider neighborhood support for overdose prevention site |url=https://whyy.org/articles/drexel-survey-shows-wider-neighborhood-support-for-overdose-prevention-site/ |access-date=January 26, 2024 |website=WHYY}} McSwain contended that the 1986 federal "crack house statute" prohibited the establishment of supervised injection sites. He originally lost his case in U.S. District Court, but won on appeal in a 2–1 decision of the U.S. Court of Appeals for the Third Circuit issued on January 12, 2021.{{Cite web|last=Feldman|first=Nina|date=2021-01-14|title=In Philadelphia, Judges Rule Against Opening 'Supervised' Site To Inject Opioids|url=https://www.npr.org/sections/health-shots/2021/01/14/956428659/in-philadelphia-judges-rule-against-opening-a-medical-site-to-safely-inject-hero|access-date=2021-01-14|website=npr|language=en}} Judge Stephanos Bibas, writing for the majority, held that the 1986 law barred the proposal and that "Safehouse's benevolent motive makes no difference."{{Cite web|last1=Roebuck|first1=Jeremy|last2=Whelan|first2=Aubrey|date=2021-01-12|title=A federal appeals court rejects plans for a supervised injection site in Philly|url=https://www.inquirer.com/news/safehouse-third-circuit-decision-safe-injection-site-philadelphia-mcswain-20210112.html|access-date=2021-02-06|website=The Philadelphia Inquirer|language=en}} Citing Gonzales v. Raich, the majority also held that "even though this drug use will happen locally and Safehouse will welcome visitors for free, its safe-injection site falls within Congress's power to ban interstate commerce in drugs." Judge Jane Richards Roth dissented, "calling the logic behind the ruling 'absurd' and the 30-year-old statute on which it was based — one meant to go after owners and tenants of drug dens — 'nearly incomprehensible.'" In September 2023, the Philadelphia City Council voted to ban supervised injection sites in the City.{{Cite web |last=Orso |first=Anna |date=September 14, 2023 |title=Philadelphia lawmakers vote to prohibit supervised injection sites in most of the city |url=https://www.inquirer.com/news/philadelphia/supervised-injection-site-ban-philadelphia-city-council-20230914.html&sa=D&source=docs&ust=1706303456704248&usg=AOvVaw1-ysrC8mpWqmkI5BwSgxeQ |access-date=January 26, 2024 |website=The Philadelphia Inquirer}} In April 2024, the United States District Court for the Eastern District of Pennsylvania dismissed the case, on the grounds that the Free Exercise Clause does not apply for the creation of supervised injection sites.{{Cite web |last=Leonard|first=Nicole|date=April 3, 2024|title=Federal judge dismisses Philadelphia Safehouse case, which sought a legal pathway for supervised injection sites |url=https://whyy.org/articles/philadelphia-safehouse-case-supervised-injection-judge-dismisses/ |access-date=May 26, 2024 |website=WHYY}}

As U.S. Attorney, McSwain often publicly feuded with Philadelphia District Attorney Larry Krasner and Philadelphia Mayor Jim Kenney, both Democrats. McSwain called Krasner "soft on crime" and blamed Krasner and his office for a lack of "robust enforcement". The assessments stemmed from Krasner's decision, with Kenny's support, to alter prosecutorial procedure amidst claims of "systemic racism" in the criminal justice system. McSwain further accused him of "lawlessness" and ignoring "entire sections of the criminal code" after controversial decisions to not prosecute certain crimes, such as non-violent drug offenses. He further criticized the D.A.'s office for downgrading charges during prosecutions. McSwain later said that his office had been "picking up the slack" for Krasner and that the U.S. Attorney's Office had prosecuted 70% more violent crime cases than it did the year before Krasner took office due to the latter's "lawlessness."{{Cite web|last=Oprysko|first=Caitlin|date=2019-08-15|title='I am fed up with it': Philadelphia U.S. attorney torches local D.A. after police standoff|url=https://politi.co/2OXIbUU|access-date=2021-01-22|website=POLITICO|language=en}} In an interview, in response to rising violent crime rates in Philadelphia, McSwain described the DA's policies as a failed "radical criminal justice experiment on the local level." Upon the announcement of his resignation on January 14, 2021, the District Attorney's office issued a statement saying they hope McSwain's successor has a sense of "humanity."

McSwain criticized Krasner for approving a plea deal with a man who shot and gravely wounded a West Philadelphia shop owner with an AK-47 in the course of an attempted robbery. The plea deal entailed a state sentence of 3½ to 10 years in prison. McSwain's office prosecuted the man separately, under the doctrine of dual sovereignty, and obtained a federal conviction and sentence of 14 years for the shooter.{{Cite web|last=Shaw|first=Julie|date=2020-08-13|title=After 'sweetheart' deal from Philly DA, gunman gets 14 years in federal prison for shooting a store owner with an AK-47|url=https://www.inquirer.com/news/jovaun-patterson-ak-47-shooting-sentencing-william-mcswain-larry-krasner-20200813.html|access-date=2021-01-21|website=The Philadelphia Inquirer|language=en}}

McSwain pursued federal charges against Black Lives Matter activists who clashed with police by committing arson of police vehicles, in one case described as the “torching” of police cars during unrest in the summer of 2020.{{Cite web |last=Palmer |first=Chris |date=2023-04-03 |title=A Philly man will serve five years in federal prison for the torching of a cop car during racial justice protests |url=https://www.inquirer.com/news/khalif-miller-philly-protests-prison-george-floyd-bill-mcswain-20230403.html |access-date=2024-01-26 |website=The Philadelphia Inquirer |language=en}}

On January 14, 2021, McSwain announced his resignation, just six days short of the presidential inauguration of Joe Biden. He left office on January 22.{{Cite web|last=Roebuck|first=Jeremy|date=2021-01-14|title=U.S. Attorney William McSwain resigns after a tenure marked by high-profile cases, public feud with Krasner|url=https://www.inquirer.com/news/bill-mcswain-resignation-us-attorney-philadelphia-edpa-justice-department-trump-krasner-20210114.html|access-date=2021-01-21|website=The Philadelphia Inquirer|language=en-US}}{{cite web|last1=McCrone|first1=Brian|date=2021-01-14|title=Republican US Attorney Who Sparred With Philly DA Resigns|url=https://www.nbcphiladelphia.com/news/politics/william-mcswain-larry-krasner-us-attorney-resigns-philadelphia/2668593/|access-date=2021-01-14|work=WCAU}}

{{See also|2022 Pennsylvania gubernatorial election}}

In March 2021, McSwain formed a political action committee, Freedom PA, to commence his bid for Pennsylvania Governor in 2022.{{Cite web|last=Tamari|first=Jonathan|date=2021-03-22|title=Former U.S. Attorney Bill McSwain is taking a step toward running for Pa. governor next year|url=https://www.inquirer.com/politics/election/bill-mcswain-pac-pennsylvania-governor-race-20210322.html|access-date=2021-07-16|website=The Philadelphia Inquirer|language=en}}

In June 2021, while McSwain was preparing for a bid for Governor of Pennsylvania and vying for Trump's endorsement, McSwain sent a letter to Trump that said his office "received various allegations of voter fraud and election irregularities" and that then-Attorney General William Barr instructed McSwain “not to make any public statements or put out any press releases regarding possible election irregularities,” and also directed McSwain “to pass along serious allegations to the State Attorney General for investigation.”{{Cite web|last=Brennan|first=Chris|date=2021-07-12|title=Trump is putting Bill McSwain in the hot seat with his election lies. And he just turned up the heat.|url=https://www.inquirer.com/politics/clout/donald-trump-bill-mcswain-cpac-20210712.html|access-date=2021-07-16|website=The Philadelphia Inquirer|language=en}} There is no evidence of significant fraud in the 2020 election.{{Cite web|last=Tornoe|first=Rob|date=2021-07-14|title=What you need to know about Bill McSwain's letter to Donald Trump on Pa. voter fraud|url=https://www.inquirer.com/politics/donald-trump-bill-mcswain-pa-2020-election-letter-20210714.html|access-date=2021-07-16|website=The Philadelphia Inquirer|language=en}} Barr disputed McSwain's characterization of his actions and said that McSwain was making these claims to get Trump's support.{{Cite news |first1=Devlin |last1=Barrett |first2=Matt |last2=Zapotosky |first3=Rosalind S. |last3=Helderman |title=William Barr clashes with former Trump appointee from Pa. over handling of election-fraud claims |language=en-US |newspaper=The Washington Post |url=https://www.washingtonpost.com/national-security/trump-justice-department-dispute-over-election-fraud-investigations/2021/07/13/1a55a47a-e3dc-11eb-a41e-c8442c213fa8_story.html |access-date=July 13, 2021 |date=July 13, 2021 |issn=0190-8286}}{{Cite news |last1=Tamari |first2=Chris |last2=Brennan |first3=Jeremy |last3=Roebuck |first1=Jonathan |title=Bill McSwain told Trump he was waved off 2020 election investigations. Bill Barr says that's not true. |url=https://www.inquirer.com/politics/election/bill-mcswain-josh-shapiro-trump-20210713.html |access-date=July 13, 2021 |date=July 13, 2021 |newspaper=The Philadelphia Inquirer |language=en}}{{Cite web|last=Gerstein|first=Josh|date=2021-07-13|title=Barr shoots down former prosecutor's election-fraud claims|url=https://www.politico.com/news/2021/07/13/barr-election-fraud-claims-499519|access-date=2021-07-16|website=POLITICO|language=en}} Trump later called McSwain a "coward" for not acting on his false claims of "massive election fraud" in Philadelphia. Trump also said he would not endorse McSwain in the governor's race and later endorsed Pennsylvania State Senator Doug Mastriano instead.{{cite news |last1=Allen |first1=Taylor |title=Trump issues anti-endorsement in Pennsylvania governor's race |url=https://www.axios.com/local/philadelphia/2022/04/12/donald-trump-bill-mcswain-pennsylvania-governor |access-date=9 May 2022 |work=Axios Philadelphia |date=April 12, 2022}}{{cite news |last1=Seidman |first1=Andrew |last2=Brennan |first2=Chris |title=Trump endorsed Doug Mastriano in the Pa. governor's race, a late boost for the far-right front-runner |url=https://www.inquirer.com/politics/election/donald-trump-endorses-doug-mastriano-20220514.html |access-date=19 May 2022 |work=The Philadelphia Inquirer |date=May 14, 2022}}

McSwain officially launched his gubernatorial campaign on September 13, 2021.{{Cite web|last=Seidman|first=Andrew|date=2021-09-13|title=Bill McSwain says he's running for governor of Pa., officially joining competitive GOP primary|url=https://www.inquirer.com/politics/election/bill-mcswain-pennsylvania-governor-20210913.html|access-date=2021-09-13|website=The Philadelphia Inquirer|language=en}}{{cite web | last1=Axelrod | first1=Tal | title=Former US attorney enters race for governor in Pennsylvania | url=https://thehill.com/homenews/campaign/572174-former-us-attorney-enters-race-for-governor-in-pennsylvania | date=September 14, 2021 | work=The Hill | access-date=September 14, 2021}} He ran on a platform labeling himself a "conservative outsider" and pledging to lower regulations and taxes and address public safety issues.{{cite news |last1=Goolden |first1=Sarah |title=One-on-one with GOP gubernatorial candidate Bill McSwain |url=https://fox56.com/news/local/one-on-one-with-gop-gubernatorial-candidate-bill-mcswain |access-date=9 May 2022 |work=FOX56 WOLF |issue=May 8, 2022}} He supported eliminating no-excuse mail voting and supported voter ID laws. On abortion McSwain said that, if elected, he would be a pro-life governor, but would support exceptions for rape, incest, and protecting the life of the mother.{{cite news |last1=Lehman |first1=Tom |title=One-on-one with Pennsylvania gubernatorial candidate Bill McSwain |url=https://www.wgal.com/article/one-on-one-with-pennsylvania-gubernatorial-candidate-bill-mcswain/39852879#|access-date=9 May 2022 |work=WGAL News 8 |publisher=Hearst Television, Inc. |date=May 1, 2022}} During his campaign, he criticized some stances of an LGBT group sponsored by the Gender Sexuality Alliance (“GSA”) at a Pennsylvania middle school as “left-wing indoctrination.”{{Cite web |last=Hanna |first=Maddie |title=Bill McSwain called a West Chester school's Gender-Sexuality Alliance club 'leftist political indoctrination' |url=https://www.inquirer.com/news/bill-mcswain-pa-governor-candidate-gender-sexuality-school-20220310.html |access-date=2022-03-10 |website=www.inquirer.com |date=March 10, 2022 |language=en}}

McSwain came in third in the Republican primary race with 15.77% of the vote behind Mastriano (43.83%) and former Congressman Lou Barletta (20.25%), carrying Chester County in the election and finished second to Mastriano in a majority of Pennsylvania’s 67 counties.{{cite web|url=https://www.electionreturns.pa.gov/|title=2022 General Primary, Statewide|publisher=Pennsylvania Department of Elections}}[https://www.nytimes.com/interactive/2022/05/17/us/elections/results-pennsylvania.html Pennsylvania Primary Election Results], New York Times (2022).

He subsequently rejoined the law firm Duane Morris LLP, where he serves as the Co-Chair of the White Collar and Government Investigations Divisions.{{cite news |last1=Skolnik |first1=Sam |title=McSwain Back to Duane Morris After Failed Pennsylvania GOP Run |url=https://news.bloomberglaw.com/us-law-week/mcswain-back-to-duane-morris-full-time-after-pa-governor-bid |access-date=13 June 2022 |work=US Law Week |agency=Bloomberg Law |publisher=The Bureau of National Affairs, Inc. |date=May 18, 2022}}{{Cite web |title=Duane Morris LLP - Duane Morris LLP Names Former U.S. Attorney William M. McSwain Co-Chair of Firm's White-Collar Criminal Defense Division |url=https://www.duanemorris.com/pressreleases/duane_morris_names_william_mcswain_cochair_white_collar_criminal_defense_division_0124.html |access-date=2024-01-26 |website=www.duanemorris.com}}

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• [https://www.justice.gov/usao-edpa/meet-united-states-attorney DOJ biography]

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Category:1969 births

Category:Living people

Category:20th-century American lawyers

Category:21st-century American lawyers

Category:Assistant United States attorneys

Category:Harvard Law School alumni

Category:Lawyers from Philadelphia

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Category:United States attorneys for the Eastern District of Pennsylvania

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Category:Yale University alumni