Tenure as U.S. Attorney
Nomination 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. On March 15, 2018, his nomination was reported out of the
Senate Judiciary Committee by
voice vote. On March 20, 2018, the Senate confirmed McSwain's nomination by
voice vote.
Tenure 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. The move was controversial because of the likelihood that the advertising would increase his
name recognition and
face recognition, 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. 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. Judge
Stephanos Bibas, writing for the majority, held that the 1986 law barred the proposal and that "Safehouse's benevolent motive makes no difference." 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." 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. As U.S. Attorney, McSwain often publicly feuded with
Philadelphia District Attorney Larry Krasner and Philadelphia Mayor
Jim Kenney, both Democrats. 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 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. ==2022 gubernatorial campaign==