California Attorney General Kamala Harris – who already had joined friend-of-the-court briefs defending the constitutionality of last year’s federal healthcare reform law in the 6th, 4th and 11th U.S. Circuit Courts of Appeal – has now done so again in the U.S. Court of Appeals for the District of Columbia.
“Health care reform saves lives, and that is why I am determined to protect this law,” Harris said in her news release today, noting that the filing comes one week after the 6th Circuit became the first federal appeals court to uphold the law’s constitutionality.
Harris and nine other attorneys general argue in the new brief that the Constitution grants Congress broad powers to regulate interstate commerce, and that the decision to buy health insurance has a significant impact on interstate commerce because it allows the formation of risk pools, lowers health care costs nationally and reduces the cost of uncompensated care.
“The law strikes an appropriate, constitutional balance between federal and state authority over the health care system by creating federal requirements, backed by federal funding, to expand access to affordable coverage, while conferring considerable latitude to allow states to decide how best to design a system of federally-supported coverage that works well for their citizens,” the brief argues.
Joining California in this brief are Connecticut, Delaware, the District of Columbia, Hawaii, Iowa, Maryland, New York, Oregon and Vermont.
Larry Wallace will oversee the department’s $238 million budget, 437 special agents, 281 criminalists, and 693 non-sworn personnel. He most recently served as deputy chief of the bureau of investigations for the San Francisco District Attorney‘s office – Harris’ former domain – and also served for 10 years as a special agent with the state Bureau of Narcotic Enforcement in San Francisco. He began his law enforcement career serving from 1987 to 1994 with the Berkeley Police Department, where he was named Officer of the Year and awarded the Medal of Valor.
Harris also named Christopher Cunnie, a retired undersheriff of San Francisco, as a special advisor for labor and law enforcement. Cunnie for 17 years was a San Francisco Police Department patrol officer and from 1996 through 2004 served as president of the San Francisco Police Officers Association. Between that job and the undersheriff’s office, Cunnie was chief of investigations for the San Francisco District Attorney’s office and director of the San Francisco Emergency Communications Department.
In other appointments today, Harris named Wayne Quint, Jr., who retired from the Orange County Sheriff’s Department as a sergeant after 29 years of service, as Wallace’s assistant for external affairs. Quint for the past 12 years has served as president of the Association of Orange County Deputy Sheriffs; he also was the longest-serving president in the history of the California Coalition of Law Enforcement Associations, which represents more than 40 public safety organizations and 80,000 peace officers statewide. The CCLEA, under Quint’s leadership, endorsed Harris’ Republican opponent, Los Angeles District Attorney Steve Cooley, in last year’s election.
Jerry Szymanski, who spent 37 years with the Los Angeles Police Department and retired as a commander, will serve as Wallace’s assistant for evidence-based law enforcement. Szymanski led LAPD’s Narcotics, Commercial Crimes and Burglary-Auto Theft divisions, also served as second-in-command to deliver police services in the San Fernando Valley. He played a key role in LAPD’s implement measuring crime data and law enforcement results with COMPSTAT, an accountability process.
And Suzy Loftus, a prosecutor who specialized in domestic violence, elder abuse and firearms cases in the San Francisco District Attorney’s office and served on Harris’ executive staff there, is now a special assistant attorney general working on criminal law issues and public safety policy, as well as the office’s primary liaison to local, state and federal law enforcement offices.
California Attorney General Kamala Harris today announced she’s creating a Mortgage Fraud Strike Force staffed by state Department of Justice attorneys and investigators charged with the duty of “protecting innocent homeowners and bringing to justice those who defraud them,” according to her news release.
“Californians in search of the American dream all too often found a protracted personal and legal nightmare. Families are losing their homes, while those who perpetrated crimes and frauds against them walk free,” Harris said. “We will work to safeguard the homeowner at every step of the process – from origination of a loan to its securitization, and we will prosecute to the fullest extent of the law those who take advantage of trusting California families. We are setting a high bar for other states and we insist that homeowners be protected, respected, and informed.”
Harris’ news release says the strike force will work out of state Justice Department offices in San Francisco, Fresno, Los Angeles and Sacramento, with 25 attorneys and investigators broken into three teams. A consumer enforcement team will target scams in the consumer arena, including predatory lending, unfair business practices in originating loans, deceptive marketing, and loan modification and foreclosure consultant scams. A criminal enforcement team will prosecute criminal frauds associated with the epidemic of mortgage scams, including fraudulent investment and money laundering schemes related to mortgage lending or foreclosure relief. And corporate fraud team will target misconduct involving investments and securities tied to subprime mortgages, as well as false or fraudulent claims made to the state with respect to these securities.
There were foreclosure filings against 546,669 California homes in 2010; an estimated 2 million California homes will enter the foreclosure process from 2009 through 2012. The state Justice Department reports it has received thousands of complaints related to foreclosure scams, mortgage fraud, and mortgage servicing practices in the past year.
“The fingerprints of illegal activity are all over the foreclosure crisis,” said Paul Leonard, director of the Center for Responsible Lending’s California office. “The Attorney General’s effort marries the need to punish bad actors for the practices that brought our economy to the brink with the need to eliminate the scam artists who have since attempted to profit from it. Given the economic damage wreaked by foreclosures in California, this initiative is very welcome news.”
Contra Costa District Attorney Mark Peterson will no longer permit his staff to aide the attorney general’s investigation of a recently reinstated prosecutor, Michael Gressett, charged with the rape of a colleague.
In his campaign last year for Contra Costa County district attorney, Mark Peterson railed at how the office investigated disturbing rape allegations against Michael Gressett, a veteran prosecutor whom he supervised in the sex crimes unit. As top dog, Peterson said he would have backed off and let another agency handle it.
Now he has.
“I sent the Attorney General’s Office a letter on Jan. 21 informing them I recused our office in terms of any investigation or involvement in the prosecution,” he said. “Obviously, anybody in our office is free to talk to either side in the case. If somebody is asked to give a statement, they can choose to if they wish. If they’re subpoenaed to testify, I’d expect them to respond truthfully and fully.”
Gressett, 54, returned to the county payroll this week, due back pay and benefits, after an arbitrator ruled Monday that the county failed to justify his July 2009 firing over the rape allegation and five other causes. The arbitrator, Norman Brand, agreed with Gressett that his firing was “tainted by political animosity.”
Harman, R-Huntington Beach, issued a news release a few hours after Harris announced that she and eight other Democratic attorneys general were filing a friend of the court brief with the Cincinnati-based 6th U.S. Circuit Court of Appeals:
“The time for California to involve itself in the legal proceedings surrounding Obamacare has long passed and it is now a matter for the U.S. Supreme Court. Certainly filing a brief in support of a program universally disliked by voters and estimated to cost Californians billions of additional tax dollars at a time when we are facing multi-billion dollar deficits and record unemployment sends a mixed message.
“The Attorney General’s time and resources would be better spent focusing on the most pressing issues facing Californians – promoting private sector jobs and stimulating the economy. Spearheading efforts to put a lid on frivolous lawsuits and regulations that threaten our small businesses would be of more benefit to the average Californian than supporting a program that is certain to add hundreds of billions of dollars to our tax burden.
“California is currently facing a $28 billion dollar deficit. Our taxes are among the highest in the nation. The federal health plan stands to only exacerbate these problems. As details have emerged about the federal law, national opposition to it has grown to such a point that the new Congress is actively trying to repeal and replace it.
“I would urge the Attorney General to use her department’s resources to tackle California’s immediate concerns.”
Harman finished a distant third in last June’s GOP primary to relatively more moderate Los Angeles District Attorney Steve Cooley, who had not ruled out joining a lawsuit challenging the law; he said he would do so if directed by the new governor and Legislature. Cooley then lost November’s general election to Harris by less than one percentage point.
Last night on KQED’s “This Week in Northern California,” Lisa talked about the new citizens’ redistricting commission; I talked about the prison overcrowding case argued before the U.S. Supreme Court; and the Chronicle’s Marisa Lagos talked about Kamala Harris clinching the election for state Attorney General:
Republican nominee and Los Angeles District Attorney Steve Cooley has conceded the race for state attorney general to Democratic nominee and San Francisco District Attorney Kamala Harris.
“While the margin is extremely narrow and ballots are still being counted, my campaign believes that we cannot make up the current gap in the vote count for Attorney General. Therefore, I am formally conceding the race and congratulate Ms. Harris on becoming California’s next Attorney General.
“We started this campaign late but we won an exceptionally tough Republican primary by a decisive margin. In the general election, we emerged as California’s top Republican vote getter and carried 39 out of the state’s 58 counties. We also cut by more than half the margin of loss by the GOP ticket in heavily Democratic Los Angeles County. It was gratifying to have received the votes of over 4 million Californians.
“It is unfortunate that someone who is a non-partisan non-politician could not overcome the increasingly partisan tendencies of the state, even for an office that by its nature necessitates a non-partisan approach.
“I take great pride in the fact that I received the endorsement of every law enforcement organization in this race as well as that of every major daily newspaper in California but one. I was particularly gratified to receive the support of so many fellow district attorneys. While my campaign team tells me that endorsements do not necessarily win elections – and the results confirm that – it still means a great deal to me on a personal level.
“I thank my supporters and my campaign team for all they did and the sacrifices they made during this past year. We had many old friends – and made many new ones across the state – who stepped up to help our campaign. My campaign team did an exceptional job guiding someone who had never previously thought of running for statewide office through two very difficult elections.
“I will complete my third term and finish my career as a professional prosecutor in the office where it began over 37 years ago. I take great satisfaction in being able to still work with the tremendous professionals who do such an outstanding job in the Los Angeles County District Attorney’s office. I look forward to continuing to serve the people of Los Angeles County as District Attorney with the same commitment and enthusiasm I have always demonstrated.
“The campaign was a fascinating and very positive experience. I advocated for the issues in which I believed in and proposed reforms California needs during these difficult times. I will continue to do the same as District Attorney for the County of Los Angeles.”
“District Attorney Harris thanks District Attorney Cooley for a spirited campaign and looks forward to working together on the critical public safety challenges facing California,” Harris campaign manager Brian Brokaw said in an e-mailed statement. “The counties continue to tabulate votes, and District Attorney Harris believes it is only appropriate to wait until all the votes are counted before making a public declaration. She will be holding a press conference on Tuesday, November 30, the deadline for counties to report final counts to the Secretary of State.”
Republican Steve Cooley’s lead over Democrat Kamala Harris in the race for state attorney general has widened to 44,058 votes, or half a percentage point of all those cast, according to the secretary of state’s latest update at 9:14 a.m. this morning.
But Harris’ campaign warns against drawing any conclusions from the daily changes in the vote count.
“Basically what you’re looking at is heavily skewed reporting from good Cooley counties and a lot of our best performing counties have yet to report in any significant numbers,” spokesman Brian Brokaw said a few minutes ago.
Orange, Riverside and San Bernardino counties posted a lot of late returns over the weekend, he said. But while Orange County might account for 8 to 9 percent of the state’s vote total when all is said and done, it has accounted for about 25 percent of the late votes posted since Tuesday, pushing the numbers in Cooley’s direction.
So, Brokaw said, when big Democratic strongholds such as Los Angeles, San Francisco and Alameda counties finish counting their vote-by-mail and provisional ballots, Harris should regain the lead and finish on top.
UPDATE @ 4:01 P.M.: As of the 11:51 a.m. update to the secretary of state’s site, Cooley’s lead has been cut to 19,189 votes; Harris’ people tell me Santa Clara County helped her close the gap, and other Democrat-heavy counties are yet to come.
UPDATE @ 6:52 P.M.: And as of the 5:06 p.m. update, Cooley is up by 40,958.
Republican Steve Cooley has widened his lead of Democrat Kamala Harris in the race for state attorney general, according to the vote-counting update filed to the secretary of state’s website at 12:49 a.m. this morning.
Cooley is up by 24,276 votes, about 0.3 percent of votes cast in the contest. That’s a tiny lead, but wider than any that has existed since Tuesday night; Harris had been up for a few days, and then Cooley pulled into the lead on Friday by 16,095 votes.
Harris’ lead in Cooley’s home Los Angeles County has increased in recent days from about 259,000 to 261,255. But Cooley has benefitted more as additional returns come in from conservative strongholds such as Orange and San Diego counties, as his campaign had suggested would happen.
There still are many ballots to be counted, so this is far from over, but it must be excruciating for the candidates and those who worked so hard on their campaigns.
Tiny as it sounds, that’s a wider margin than we’ve seen at any point since Election Day. Early Wednesday afternoon, Harris led by about 14,800 votes; yesterday evening, Cooley’s campaign issued a memo saying the gap had closed to 9,364 votes.
The Cooley campaign’s memo was, predictably, confident of eventual success:
Steve is currently running almost 15 points ahead of Republican statewide registration and over 12 points above the top of the GOP ticket. Steve also cut by more than half the Democratic margin in LA County, which the rest of the ticket was losing by roughly 30 points or more.
Steve carried 40 out of California’s 58 counties. The significance of that number is that estimates show there are more ballots to be tabulated in counties carried by Steve Cooley rather than in those counties carried by Kamala Harris. For example, there are 74,000 more ballots to be counted in Orange and San Diego Counties, which Cooley carried, than in Los Angeles County.
There appear to be roughly 1.3 million or so absentee and provisional ballots to be counted. This is a huge number – particularly given that the AG’s race is essentially a tie.
The Cooley campaign is working with local election officials in key counties to monitor the vote tabulation. We are also working closely with legal counsel to be prepared for any and all potential developments.
Harris’ consultant, Ace Smith, was also involved in the extremely close Attorney General’s race which his father lost to Dan Lungren. During the vote tabulation for that race, Smith filed legal challenges – which ultimately were thrown out – to attempt to skew the result by disenfranchising voters in counties supportive of Lungren. We are prepared to fight any such manipulations of the ballot counting process by the Harris campaign.
Given the number of votes remaining, and where those votes are coming from, the Cooley campaign is optimistic about its chances. The numbers will fluctuate – perhaps quite a bit – because county registrars report and update numbers on different timelines. Several have told us they will not be finished until Thanksgiving and some may go until the official certification of the vote deadline of December 3rd. We expect no clear outcome for a minimum of two weeks. We will keep you updated.
All of which is true. But… it won’t matter how many counties Cooley carried; lots of statewide elected officials didn’t carry most of the counties. They carry the population centers, and Harris swept the Bay Area and Cooley’s home county of Los Angeles, the latter with a big, late surge that means the last-minute ballots yet to be counted are likely to break in her favor, her campaign says.
What’s indubitably true is that this race is far from over.