William McSwain

On December 20, 2017, President Donald Trump announced his intent to nominate McSwain to be the next United States Attorney for the Eastern District of Pennsylvania. On December 21, 2017, his nomination was sent to the United States Senate.[4] On March 15, 2018, his nomination was reported out of committee by voice vote.[5] On March 20, 2018, his nomination was confirmed by voice vote. He was sworn in on April 6, 2018.[6]

McSwain’s office pursued federal charges against violent criminals during his tenure as US Attorney, particularly focusing on combatting Philadelphia District Attorney Larry Krasner's reduction in gun prosecutions. This included federal indictments for the shooter of Mike Peong, an Asian business-owner in West Philadelphia whose shooter got a “sweetheart deal":[7] “The Office secured a conviction and sentence of over 14 years against Jovaun Patterson, after he shot Mike Poeng, a West Philadelphia deli owner, confining him to a wheelchair... [DA Krasner's] Office had given Patterson a plea deal that involved as little as 3 ½ years in prison.”[8]

According to the U.S. Attorney’s office, violent crime prosecutions went up under McSwain in response to more lenient prosecutions at the district level.  “In 2019, the violent crime unit charged more cases than any other unit in the Office.  It charged 208 cases as compared to 136 in 2018, which is a 53% increase.”[8]

McSwain filed suit against the proposed Safehouse, an organization attempting to create a supervised injection site to allow intravenous drug use in Philadelphia which provoked neighborhood outrage.[9] McSwain cited the language in the 1986 "crack house statute." He originally lost his case in US District Court, but appealed, and won his case in the 3rd Circuit in a 2-1 vote on January 12, 2021.[10]

McSwain took a hard line against public corruption according to the Philadelphia Inquirer: “More than any of his predecessors in recent memory, McSwain used the position to zero in on violent crime prosecutions and high-profile public corruption indictments”

McSwain's office pursued corruption charges against Philadelphia union boss John "Johnny" Dougherty[11] and Councilman Bobby Henon, Councilman Kenyatta Johnson,[12] former Allentown Mayor Ed Pawlowski, and more. His office also obtained a re-sentencing of 10 years in prison for former U.S. Congressman Chaka Fattah due to public corruption sentences.

During his time as US Attorney, McSwain prioritized public safety and pursuing prosecutions that had been reduced particularly under District Attorney of Philadelphia Larry Krasner. Krasner ran on progressive campaign platform seeking to end cash bail, aggressively address police misconduct, and end mass incarceration by seeking alternatives to incarceration in order to reduce the number of prisoners.[13] McSwain often publicly feuded with Krasner, calling him "soft on crime" and blaming what he said was a lack of “robust enforcement” and diversionary programs, along with the downgrading of charges and ignoring “entire sections of the criminal code.” McSwain later said that his office had been "picking up the slack" for Krasner saying his office has prosecuted 70 percent more violent crime cases than it did the year before Krasner took office due to Krasner's "lawlessness."[14] Additionally, in an interview in response to rising violent crime rates in Philadelphia, he described the DA's policies as a "radical criminal justice experiment on the local level" and that he thinks there needs to be "recognition by the people pushing that radical experiment that it isn't working." Upon announcement of his resignation on January 14, 2020, the District Attorney's office issued a statement saying they hope McSwain's successor has a sense of "humanity."[14]

The U.S. Attorney's office promoted a "Gun Crime = Fed Time" public awareness campaign, placing billboards in Philadelphia, Allentown and Lancaster to publicize the initiative.[15]

On January 14, 2021, McSwain announced his resignation, just six days short of the presidential inauguration of Joseph R. Biden. He left office on January 22. In a statement, McSwain said, “I will always be grateful to have had the opportunity to serve as U.S. Attorney in the district in which I have lived most of my life, in the city in which I was born, and in the office where I learned to be a trial lawyer as an assistant U.S. Attorney. My overriding focus as U.S. Attorney was on pursuing justice in order to protect the community[16]... I want to thank President Trump for appointing me as U.S. Attorney, Senators Toomey and Casey for recommending me for the position, and Attorneys General Barr and Sessions for leading the Department of Justice during my service."[17][18]