Select Page

Let’s Talk About Kamala

With Kamala Harris as the Democrat’s Vice-Presidential candidate, it’s important to know that she has committed some rather egregious trespasses as a prosecutor. Just as disturbing is her fluctuating policy positions, calling into serious question her attempt to presently appear as a criminal justice reformer. Instead, Harris should be known for 1) her criminality and very poor judgement as a prosecutor 2) her hypocrisy, and 3) her opportunism. 

One of the biggest areas of concern is her prosecutorial misconduct. In many instances, she basically acted as a rogue prosecutor who should have possibly been charged criminally for her own actions in some of the following incidents:

*During a case in 2015 in which a prosecutor concocted a confession from the defendant, thereby leading to the case being dismissed, Harris’s Attorney General’s office appealed the dismissal. 

*During a case in 2015 in which a prosecutor in his case fabricated information to a jury relating to compensation to an informant, Harris’s Attorney General’s office fought the defendant’s appeal.

*During a case in which the entire Orange County DAs office was removed from the trial for failure to turn over evidence, Harris sought to block the removal.

*During a case in which a man was wrongfully imprisoned for 13 years, Harris’s office attempted to keep him locked up.

*After a crime lab technician purposefully tainted evidence in a vast amount of cases, Harris hid his actions while acting as a San Francisco DA.

Furthermore, Kamala Harris has worked on rebranding herself from previously being tough on crime to more sympathetic to justice warriors. For instance:

* Until 2014, Harris was against the legalization of marijuana while acting as the Attorney General of California.

* Harris declined to support criminal justice sentencing reforms that were on the ballot in California in 2012 and 2014.

* Harris’s office opposed an order to lessen the amount of prisoners in California, while supporting the use of prisoners as laborers due to the low cost.

* During her time serving as the Attorney General in California, Harris supported the dubious practice of civil asset forfeiture under the guise of going after drug operations.

Additionally, Harris was eager to be in the spotlight while moving up the political chain in California; two ridiculous incidents in particular come to mind.

*While running for US Senate, Harris’s office arrested the owners of Backpage, a site for classified sex workers, after publicly declaring that they “were protected from prosecution under federal speech law.” The case was promptly thrown out by a judge.

*While running for US Senate, Harris’s office went after for-profit colleges in California as part of an Obama initiative, while subsequently refusing to release any buyer of potential future liability– meaning anyone purchasing would be under constant threat of a lawsuit. Subsequently, no buyer would accept the terms.  The Corinthian college system therefore shuttered 23 schools, putting people out of work and education. 

Kamala Harris has repeatedly shown to have no moral compass. Her actions as a prosecutor should be alarming, as well as her hypocritical flip-flopping of positions. She has shown to be a mercurial political opportunist and has no business being a Vice-Presidential candidate. 

The Rise of Prosecutorial Abuses


The Wall Street Journal had an excellent article a couple weeks ago calling out the egregious prosecutorial misconduct of New York Attorney General Eric Schneiderman. In this farce of a case, Schneiderman is hell bent on going after Hank Greenberg (formerly with AIG) in an attempt to discredit his name in a state civil lawsuit. The manner in which Schneiderman is conducting himself is a disgrace to his position as prosecutor and reflects a trend of prosecutorial abuses that has grown alarmingly in recent years.

In the Schneiderman-Greenberg case, Eric Schneiderman has been pursuing civil charges against Hank Greenberg related to an “allegedly fraudulent reinsurance transaction” some years ago while disgraced Eliot Spitzer was the Attorney General. Mr. Greenberg was the defendant in a prior, failed criminal prosecution involving this particular transaction several years ago; in preparation for this upcoming civil case, it came to light that the “federal government has been hiding potentially exculpatory evidence” from the prior trial of Mr. Greenberg. The key witness for the government in that case, a Mr. Napier, who never had any direct communication with Mr. Greenberg about the deal in question apparently provided such “compelling inconsistencies” that an Appeals judge wrote “Napier may well have testified falsely.” Yet, Napier’s testimony is the very piece of evidence upon which Schneiderman has built his civil case.

For several years, and as recently as January, the federal government continued to claim that the notes and evidence collected during the first case should be kept under seal. It was only recently, under pressure, that the prosecutors relented and provided that notes and memos which showed the blatant inconsistencies of Mr. Napier. Had that release not occurred, however, Mr. Schneiderman would have been allowed to pursue the civil case against Greenberg relying “on a Napier deposition conducted years before the appeals court cast doubt on his testimony and before Mr. Greenberg’s legal team uncovered the notes.” What’s more, Mr. Greenberg was denied a trial by jury, and because “it’s a civil case and Mr. Napier doesn’t live in New York, he cannot be compelled to appear.” Thankfully, in light of the new exculpatory evidence, the trial has been stayed to decide whether or not to continue with the farce.

It is clear that Schneiderman’s decision to doggedly pursue this case for years even in the face of tainted, unreliable evidence is abusive. Schneiderman himself should be under investigation for malicious prosecution, going after a “big name” for his own political and personal gain.

This unprofessional prosecutorial behavior is unfortunately not limited to Eric Schneiderman. The nominee for Attorney General, Loretta Lynch, who also hails from New York has an egregious record of abuse particularly relating to civil asset forfeiture while she was the U.S. Attorney for the Eastern District of New York. In the most outrageous case during her tenure, her offices colluded with the IRS to seize nearly $450,000 from the bank account of two businessmen known as the Hirsch Brothers in May 2012, for “suspicion”, not actual charges, of criminal activity.

For nearly 3 years, the brothers were never charged with any crime, and Lynch’s office wholy ignored stringent deadlines regarding forfeiture cases. Prosecutors were compelled by law to file a court complaint within a certain amount of days following the seizure, but that never actually happened at any time, and the Hirsch brothers never had the opportunity to appear before a judge. In fact, there was never any case presented against them at anytime; Lynch’s office just sat on the seized money, all while offering to cut a deal with the brothers to keep some of the funds in return for dropping the matter. The brothers turned down every offer made to them.

Suddenly, a week before the Lynch’s confirmation hearing, in late January 2015 — two years and eight months after the case began — Lynch’s office returned all the money to the brothers. Lynch’s office clearly violated the law in the manner by which her prosecutors ignored forfeiture rules and denied due process to the Hirschs while going after the “big money”.

In a similar manner, NBC has covered another practice of Lynch’s office: using the “John Doe” alias in an overwhelmingly high amount to keep witness and court information from becoming public information. “Federal prosecutors in New York’s Brooklyn-based Eastern District pursued cases against secret, unnamed “John Doe” defendants 58 times since Loretta Lynch became head prosecutor in May 2010.” In comparision to others, “none of the nation’s 93 other federal district courts has charged more than eight “Does” during the same time period, and the national average is under four.” National Review has also covered the specifics of some of these cases, calling out Lynch’s “secret docket”. The repeated use of such secrecy invites Lynch’s office to the criticism that such practice undermines the right to a public trial guaranteed by our Constitution.

The conduct of Schneiderman and Lynch is unacceptable. The fact that Schneiderman is and will remain the Attorney General for New York and Loretta Lynch is poised to become the next Attorney General for the United States is disconcerting. It is not the first and it certainly won’t be the last, but it is increasingly brazen. This type of behavior undermines the integrity of our justice system when the nations leading prosecutors can’t be bothered to follow the rules and conduct themselves in an unbiased, professional manner. How can citizens protect their liberties in the face of such prosecutorial abuse?