L.A. City Attorney Faces Scrutiny Over Texts in Whistleblower Retaliation Suit

Los Angeles City Attorney Hydee Feldstein Soto is facing increased scrutiny as a lawsuit alleging retaliation against a former top deputy intensifies. The case centers on claims made by Michelle McGinnis, former head of the City Attorney’s criminal branch, who alleges she was retaliated against for reporting “legal and ethical violations” within the office.

McGinnis Alleges Retaliation for Reporting Concerns

Michelle McGinnis, a 30-year employee of the City Attorney’s Office, filed a legal claim in June 2024, alleging that Feldstein Soto based prosecutorial decisions on “personal relationships” or “perceived political gain.” According to the claim, McGinnis objected to these practices, stating they were legally and ethically prohibited. Following her objections, McGinnis was placed on administrative exit, removed from her position, and prohibited from contacting colleagues .

The lawsuit also accused Feldstein Soto and her chief deputy, Denise Mills, of “inappropriate alcohol consumption” in the workplace .

Text Message Dispute

A key point of contention in the legal battle is the production of text messages between Feldstein Soto and Mills. McGinnis’s legal team subpoenaed text messages related to the case, but Feldstein Soto and Mills produced a limited number of messages. According to a petition filed by McGinnis’s lawyer, Caleb Mason, the lack of texts is “strains credulity and probably means that some were deleted or withheld” .

Mills stated she performed a factory reset of her phone on January 30th in an effort to retrieve any backup text messages, after the subpoenas were served on December 15th . Legal experts, such as Loyola Law School professor Laurie Levenson, have noted that a factory reset typically erases data from a phone, potentially constituting spoliation of evidence .

City’s Response and McGinnis’s Termination

Feldstein Soto and her representatives have disputed the claims, asserting they complied with the subpoenas and provided 2,061 pages of documents. Feldstein Soto maintains she has turned over all relevant text messages and that McGinnis was terminated “for cause” due to a “pattern of insubordination and failure to meet minimal job requirements” . McGinnis was fired in January 2025.

Broader Concerns Over Text Message Retention

This case highlights a broader issue within Los Angeles city government regarding the retention of text messages. Mayor Karen Bass and L.A. County Supervisor Kathryn Barger have both acknowledged that their text messages auto-delete after 30 days, potentially destroying information relevant to public records requests .

A judge has allowed the whistleblower retaliation suit against the city to proceed .