US attorney: Making Tensing decision as Trump watches over shoulder

To hear U.S. Attorney Ben Glassman tell it, being the guy who could next decide the fate of former police officer Ray Tensing is no different than being the prosecutor who determines whether to bring charges against an accused embezzler or potential drug dealer.

That's even though the future of Glassman's job is tenuous at best, being a holdover from the previous White House administration. His current bosses could put him out of work at any time – and the state's two U.S. senators have already endorsed a potential replacement.

"I really couldn't care less what anybody did with any matter that we investigate before the ball is in our court," Glassman said. "Our job is just to figure out whether we can prove whether a federal crime has been committed."

A Cincinnati area native, the 42-year-old Glassman announced last week that his office was examining whether to open a full investigation into the Tensing case.

That could lead to federal charges against Ray Tensing for possibly violating African-American motorist Sam DuBose's federal civil rights when, as a University of Cincinnati officer, he shot and killed DuBose during a traffic stop in July 2015.

It would be a very different kind of case than the murder and manslaughter charges two juries deadlocked on in state court. 

It's also the second police shooting case Glassman has handled since taking over the post 16 months ago.

Glassman and his office investigated whether federal civil rights charges should be brought against Sean Williams, the Beavercreek officer who shot and killed Fairfield resident John Crawford III, an African-American, in a Walmart in August 2014.

Earlier this year, Glassman decided to end that investigation and not seek charges.

"We just didn't have proof beyond a reasonable doubt, and our mantra is that if we bring charges, we are ready to go to court that day," Glassman said.

Has to prove 'willful intent' in Tensing case

In an interview with The Enquirer this week, Glassman wouldn't discuss the specifics of the Tensing case.

He explained the process, however, for determining whether to expand the investigation and bring the case to a federal grand jury.

The legal bar to clear will be proving whether Tensing "knew what reasonable force was and knew that he was using more than that and did it anyway," Glassman said.

"Intent is a tricky thing to prove in any kind of case, whether it's a white-collar case ... or it's proving willfulness in a police-use-of-force case." 

Glassman wouldn't say how long it would take to make his decision, nor whether he would announce publicly if he would expand the current review into a full-blown investigation.

Earlier this year, his office publicly stated it was dropping the investigation into the Crawford shooting. That was a deviation from standard practice that discourages federal lawyers and federal law enforcement agencies from commenting on any investigation, even those that have been dropped.

"We knew the public interest in that case and we announced we were looking at it so we felt we should also announce what the resolution was," Glassman said.

If he determines he has a case worth taking to a grand jury, he still needs to get sign off by Attorney General Jeff Sessions or his delegate. In such cases, that's usually been the assistant attorney general in charge of the Justice Department's civil rights division – but Sessions could still make the final decision whether to prosecute or not.

Glassman forcefully stated that his office would take the case to court if he thinks a crime has been committed in any case, regardless of what other departments want.

"My attitude has been that this office will never defer to another U.S. attorney's office or any other component of the Department of Justice," Glassman said. 

"If we have a case that we can bring, we're going to bring it."

Officials with the Justice Department's civil rights division did not return messages seeking comment.

As for political pressures from what is perceived to be a more pro-police administration and Justice Department than the one that appointed him?

"We've investigated and indicted officers that have committed crimes, and in my mind that is also pro-police," he said.

How long will he last?

Adding to the heat Glassman must be feeling? He could be replaced at any time.

President Donald Trump could choose another appointee whenever he wants. Glassman wasn't part of the mass dismissal Trump made of all U.S. attorneys appointed by then-President Barack Obama, so he is a holdover from the previous administration.

(He was appointed as an interim by then-Attorney General Loretta Lynch in early 2016, a position made permanent by the federal judges of the U.S. Circuit of Southern Ohio later last year. He was then reappointed to the post by those same judges in February.)

It would only take a Senate confirmation after a nomination of another candidate to put Glassman out of a job. 

More on possible replacement:Will Trump tap Greg Hartmann for U.S. attorney?

Glassman wouldn't talk much about former Hamilton County Commissioner Greg Hartmann, who has been endorsed by both Democratic Sen. Sherrod Brown and Republican Sen. Rob Portman to replace him as U.S. attorney.

"I've met him a few times and he seems like a nice guy, but that's all I know about him," Glassman said. 

As for possibly being out of work or going back to being an assistant again, Glassman only said: "We'll cross that bridge when we come to it."

Hartmann declined to comment on the Tensing case or his possible nomination to replace Glassman.

Yet Glassman doesn't appear cowed by his precarious situation. Rather, when asked if he could be auditioning for his job permanently or for another position elsewhere, he almost bristles.

"I feel like we're doing great, groundbreaking work in these offices ... and I tell our staff all the time that I want our cases to be national or international in scope," Glassman said. "I want this division to be the best law firm in the country.

"That's been my sole focus, and I haven't really thought about anything else, including what might happen to me."

Glassman now sits as the top federal law enforcement officer in southern Ohio, an area that includes not only Cincinnati but Dayton and Columbus. And he has indeed brought some high-profile cases to court in the last year, including:

• Charging Evans Landscaping and its owner, Doug Evans, with minority hiring fraud. The case against the company, Evans and another company official could be headed for trial as soon as later this year.
• Two ISIS-related terrorism cases, including one from Green Township.
• The nation's first local prosecution of a carfentanil ring on federal charges.
• The prosecution of a former Procter & Gamble official on charges of embezzling nearly $500,000.
• Prosecuting the first federal hate crime case in the district in 20 years.

He is clearly ambitious, as well, saying he's got a sizable pipeline of major cases to come.

"There is no reason that the southern district of Ohio should not be the national leader," Glassman said.

Benjamin C. Glassman Bio

Age: 42

Residence: Sycamore Township

Family: Married with twins

Education: Undergraduate at Rice University; law degree from Harvard University

Experience: Hired by Justice Department in 2004 where he worked as the district’s First Assistant, Appellate Chief, Acting Criminal Chief, Professional Responsibility Officer, Reentry and Prevention Coordinator. Worked in private practice at Squire, Sanders & Dempsey before that. He also clerked for U.S. District Judge Susan Dlott.