President Barack Obama
stood in front of an array of well-heeled donors in a private home in
super-rich Atherton, California. Having
just been reelected five months earlier, he was touting his White House
accomplishments. After a few comments,
he praised California attorney general Kamala Harris, who was also in the room,
and highlighted her “dedication and brilliance.” He added: “She also happens to be by far the
best-looking attorney general in the country.”
While
the comments struck some observers as inappropriately personal and
unprofessional, they revealed the close and long history that Obama and Harris
shared. Harris had first supported Obama
while he was running for the Senate in Illinois back in 2004. After he was elected, Obama flew out to San
Francisco and held a fund-raiser for Harris.
She had just been elected San Francisco district attorney and needed to
retire some campaign debt. The newly
minted senator from Illinois showed up at San Francisco’s famed Bimbo’s on
Broadway to help. In 2007, when Obama
announced his plans to run for president in Springfield, Illinois, she was
again by his side. Harris and several
members of her family joined the campaign.
Harris, her sister Maya, and brother-in-law Tony West would labor over
the next year to help Obama’s ambition become a reality. Kamala walked the snowbound precincts of
Iowa, visited New Hampshire, and traveled to Nevada and Pennsylvania to
campaign for him. Harris took the
helm of his California campaign, serving as cochair. When Obama won, she was with him in Chicago’s
Grant Park to celebrate the victory.
Harris
is widely admired in progressive circles as the “female Obama.” Smooth, polished, and confident, she has
worked hard to “cultivate a celebrity mystique while fiercely guarding her
privacy.” This rising star in the
Democratic Party also has a taste for expensive Manolo Blahnik
shoes and Chanel handbags.
Harris
paints herself as a gritty lawyer who is climbing the ladder of power by her
own strength and determination. She has
also positioned herself as “smart on crime,” even publishing a book by that
same title.
The
reality of her rise to prominence is far more complicated—and how she has
leveraged her power along the way is troubling.
Harris’s elevation to national politics is closely tied to one of
California’s most allegedly corrupt political machines and investigations into
her tenure as a prosecutor raise disturbing questions about her use of criminal
statutes in a highly selective manner, presumably to protect her friends,
financial partners, and supporters. Most
disturbing, she has covered up information concerning major allegations of
criminal conduct, including some involving child molestation.
Kamala
Devi Harris was born to Donald Harris, her Jamaican-born father and Dr. Shyamala Gopalan,
her Tamil Brahmin mother from India. Her
father is a Marxist economist who taught at Stanford University; at one point,
he advised the Jamaican government. Her
mother was a highly regarded research scientist who worked in the field of
breast cancer. Her parents were divorced
when Kamala was five, and her mother’s family had a defining influence on her
childhood. “One of the most influential
people in my life, in addition to my mother, was my grandfather T. V. Gopalan,
who actually held a post in India that was like the Secretary of State position
in this country,” Harris recalled. “My
grandfather was one of the original Independence fighters in India, and some of
my fondest memories from childhood were walking along the beach with him after
he retired and lived in Besant Nagar, in what was then called Madras.” Harris draws on those Indian roots to
define herself. “When we think about it,
India is the oldest democracy in the world—so that is part of my background,
and without question has had a great deal of influence on what I do today and
who I am.”
Harris
recounts regular visits as a child to her mother’s homeland. After she was elected district attorney of
San Francisco in 2003, she traveled to India and found that her grandmother had
organized a party and press conference for her.
Her grandfather was still a government official in Chennai. “One by one people came to pay homage. ‘It was like a scene out of The Godfather,’”
Kamala said. Harris was close to her
grandfather, who was “a joint secretary in the central government,” and
“instilled in her a thirst for service.”
While
Harris attended Howard University, a traditionally black college, and served as
president of the Black Law Students Association at Hastings College of Law in
San Francisco, many saw her leaning more toward her mother’s culture than her
father’s. According to her mother Shyamala, Kamala knows “all the Hindu mythology and traditions,”
and that “Kamala will be equally at ease in a temple or a church.” Harris
was born during Dusshera, a major Hindu celebration. “So I gave her the name thinking of Goddess
Lakshmi.” Shyamala
insisted that giving her daughters names derived from the Indian pantheon was
important to her children’s development.
“A culture that worships goddesses produces strong women,” she says. Adds her mother, “Kamala is a frequent
visitor to the Shiva Vishnu temple in Livermore [California]. She performs all rituals and says all prayers
at the temple. My family always wanted
the children to learn the traditions, irrespective of their place of birth.”
* * *
Kamala
Harris’s entrée into the corridors of political power largely began with a date. In 1994, she met Willie Brown, who at the
time was the second-most-powerful man in California politics. As Speaker of the State Assembly, Brown was a
legend in Sacramento and around the state.
He represented a district in the Bay Area and was well known in San
Francisco social circles. In addition to
running the California Assembly, Brown ran a legal practice on the side, which
meant taking fees from lobbyists and industries that may have wanted favorable
treatment in Sacramento. Brown was under
investigation several times, by the State Bar of California, the Fair Political
Practices Commission, and the Federal Bureau of Investigation. In 1986, for example, as California Assembly
Speaker, he “received at least $124,000 in income and gifts from special
interests that had business before the Legislature.”
Despite
a lifetime in politics and public service, Brown was known for his expensive Brioni suits, Borsalino hats,
Ferraris, and Porsches. Later he
downgraded to a Jaguar. “My body would
reject a Plymouth,” he said. Along the
way he played a version of himself in The Godfather Part III. Brown finally retired from political office
in 2004. He purchased a $1.8 million
condo in the St. Regis in San Francisco
two years later.
Willie
Brown was married in 1958 (and remains so today) but that did not matter: Brown
was sixty at the time he began dating Kamala, who was twenty-nine. Brown was actually two years older than her
father. Their affair was the talk of San
Francisco in 1994. Kamala’s mother
defends her daughter’s decision—and offered choice comments about Brown. “Why shouldn’t she have gone out with Willie
Brown? He was a player. And what could Willie Brown expect from her in
the future? He has not much life left.”
Brown
began pulling levers for Harris that both boosted her career and put money in
her pocket, rewarding Kamala with appointments to state commissions that paid
handsomely and did not require confirmation by the legislature. He put Kamala on the State Unemployment
Insurance Appeals Board and later the California Medical Assistance Commission. The Medical Assistance Commission paid
$99,000 a year in 2002. The Unemployment
Insurance Appeals Board paid around $114,000 a year. Both posts were part-time. At the time, she was working as a county
employee making around $100,000. Along
the way, Brown also bought young Kamala a new BMW.
Perhaps
the most important thing Brown gave Harris was access to his vast network of
political supporters, donors, and sponsors.
Soon she was publicly arm in arm with Brown in the most elite circles of
San Francisco, including lavish parties and celebrity galas.
By
1995, Willie Brown was running for mayor of San Francisco and Harris was
regularly by his side. On election
night, Willie Brown stood before his guests at the Longshoremen’s Union Hall. He was all smiles as the election results
rolled in. Harris was in front of the
crowd with him, smiling, and handed him a blue baseball cap emblazoned with “Da
Mayor.” Brown placed the cap on his
head and then Rev. Cecil Williams, a
local fixture and longtime Brown friend, handed him a
piece of paper. It’s over!” he
proclaimed.
The
election wasn’t the only thing that was over that night. Many had speculated that Brown would divorce
his wife and marry Harris, but that didn’t happen. Shortly after Brown’s electoral victory, he
and Harris split up. There are
conflicting reports as to who actually left whom. Most accounts report that Brown broke up with
Harris. After the split, Kamala Harris
started dating another prominent man: television talk-show host Montel Williams.
The
romance with Brown might have been over, but Harris had political ambitions of
her own, and the two remained allies. Brown,
as mayor, would prove to be enormously helpful in her rise to political power.
Willie
Brown possessed the most powerful political machine in Northern California. As mayor, he leveraged that power to enrich
his friends and allies. During his
tenure, Brown came under FBI investigation twice for corruption involving
lucrative contracts flowing from the city to his political friends. His operation was soon dubbed “Willie Brown
Inc.” Even local Democrats who might
agree with Brown’s political views were turned off by the cronyism and
corruption that was rampant under “Da Mayor.”
“I thought it was only in Third World countries that people were forced
to pay bribes to get services they’re entitled to from their government,” said
U.S. district judge Charles Legge about the rampant corruption under Brown. “But we find it right here in San Francisco.”
Three
years or so after Brown’s election, San Francisco district attorney Terence
Hallinan hired Kamala Harris to head up his office’s Career Criminal Unit. Hallinan, nicknamed “K.O.” for his boxing
skills, was a tough progressive who had little problem taking on the most
powerful forces in San Francisco, whether it be the police or the new mayor. Hallinan insisted that Harris’s connection to
Willie Brown had nothing to do with the hiring. Whether it did or not, Hallinan would soon
regret his decision.
Shortly
after she joined Hallinan’s office, the number two slot in the prosecutor’s
office opened up. Harris wanted the job,
but Hallinan chose someone else. Brown
seemed furious at Hallinan, ostensibly for other matters. The mayor was publicly attacking Hallinan for
failing to do his job. An insider had a
different take. “This whole thing is
about Kamala Harris,” one Brown friend told the San Francisco Chronicle. “Cross one of Willie’s friends and there will
be hell to pay.”
The
relationship between Willie Brown and Terence Hallinan had always been a
complicated one. Hallinan had publicly
embraced one of Brown’s rivals, Tom Ammiano. Hallinan had also been investigating Brown
allies for corruption.
Passed
over by Hallinan, Harris abruptly left the district attorney’s office and went
to work at the city attorney’s office, which was run by a close Brown ally. Soon the Brown machine was cranking up to
help Kamala Harris run against Hallinan.
By
2003, Harris threw her hat in the ring and announced her decision to challenge
Hallinan for his position as San Francisco district attorney. Less known in San Francisco than her
opposition, she regularly came a distant third in opinion polls, often registering
in the single digits. But she could
count on the Willie Brown Machine, which at the time ran so much of San
Francisco. Rebecca Prozan,
a former Willie Brown aide, was brought on as Harris’s campaign manager to give
her a boost. Harris’s finance chair was
Mark Buell, a major Democratic Party fund-raiser. A political consultant named Philip Muller
set up an independent expenditure committee called the California Voter Project. Armed with a letter from Brown, he raised
money to help boost her campaign. Muller
had worked on both of Brown’s mayoral races. Beyond Muller’s independent efforts, the flow
of money directly into her campaign was unlike anything the district attorney’s
race had ever seen. “She’s hauling in
campaign cash like there’s no tomorrow,” said the San Francisco Weekly.
Much
of the money came from the super-wealthy of San Francisco who were close to
Brown. The mayor himself gave the
maximum contribution—$500—and penned a letter that Philip Muller, his close
aide, took around to wealthy donors to raise cash. The letter asked the San Francisco elite to
cough up five hundred dollars each to “help Kamala win.”
While
Kamala Harris would later cast the campaign as a grassroots operation, it was a
much more exclusive affair. The San
Francisco elite embraced her, which meant all-white fund-raisers in Pacific
Heights. Frances Bowes, heir to the
fortune made from Hula-Hoops and Frisbees, hosted an event
and brought friends like romance novelist Danielle Steel to write large checks. Bowes had originally met Harris through a “longtime
Willie Brown crony” while Brown and Harris were still dating. The Brown endorsement of her campaign also
opened doors—and wallets. “Why, Willie
Brown just wrote us a letter on her behalf,” Bowes said.
Friends
and alliances with the San Francisco elite she had formed while dating Willie
Brown also came to her aid. The Getty
clan, heirs to the vast J. Paul Getty
fortune, were “strongly behind Harris,” and Vanessa and Billy Getty became
“good friends.”
Harris
denied that there was an effort by Brown to help her, but as the San
Francisco Chronicle noted, “a large number of her contributors also
have been donors to Harris’ onetime boyfriend and political sponsor, Mayor
Willie Brown.” Darolyn
Davis, who worked as Brown’s communications director during his days in
Sacramento as the Assembly Speaker, threw a fund-raiser that netted nearly
$15,000.
Very
quickly, the upstart challenger was dramatically outraising the incumbent. Indeed, Harris raised double what Hallinan
did. The money flow was so great that it
led Hallinan to allege that Harris broke a law by surpassing a voluntary
spending cap that she had pledged in writing to honor. In January 2003, shortly after announcing her
campaign, Harris had signed a form saying that she would stick to the city’s
$211,000 voluntary spending cap for the campaign. An official handbook put out by the city’s
Department of Elections identified candidates that had signed the pledge. The voter’s guide is designed to let voters
know which candidates agreed to abide by the law.
Harris
signed the pledge—and then blew right past the spending limit. By the end of November, she had raised
$621,000—almost three times more than the cap she had pledged to honor. The San Francisco Ethics Commission vote to
fine Harris was unanimous. Her campaign
had to pay a $34,000 fine, a record in city elections.
Blowing
past the financial cap was not the only ethical issue raised about her campaign. Critics questioned the donations she accepted
from individuals with matters sitting before her at her office in the city
attorney’s office. In particular, she
was taking “campaign contributions from slumlords with cases before” her office. According to Harris’s campaign donor filings,
more than 10 percent of her donors were owners or operators of
single-room-occupancy hotels identified as “problematic” by city officials. Donors included hotel owners cited by city
officials as a “city nuisance” because of numerous arrests for “drug activity,
assault, rape, robbery and burglary.” Another
donor was the son of a hotel owner who verbally harassed a deputy city attorney
and at one point threatened to shoot the attorney over code enforcement.
Carol
Langford, a legal ethics expert who headed the American Bar Association
ethics committee, saw the money flow as a major problem. “Of course, there’s a conflict there. If your office sues someone and you take
money from the defendant, that’s a conflict.”
She added, “Consider the tenants of these flea-bag hotels who are
worried about bugs and rats—and then they see someone who is supposed to be
protecting them taking money from the landlord.
What are they going to think?” Hallinan,
who was being vastly outspent in the campaign, claimed that “many of the
contributors are connected with city government.” He argued that they were not giving that
money for nothing; she would have trouble dealing with “corruption in city
agencies” because of the conflict of interest.
The
ethical problems with Harris’s campaign went beyond the financial questions. Shortly after the election, complaints
emerged from city cleaning crews who said they were forced during the campaign
to attend political events for mayoral candidate Gavin Newsom and Kamala Harris. Willie Brown had a history of deploying a “patronage
army”—a cadre of city employees who performed political work because they owed
him their jobs—to help favored candidates win elections.
In
this particular case, workers assigned to street cleaning crews complained that
they were asked to do political work including during Kamala Harris’s run for
district attorney. Mohammed Nuru, a Brown protégé hired in 2000, was the deputy
director of operations in the City’s Department of Public Works. He ran among other things a project called
San Francisco League of Urban Gardeners (popularly known as SLUG). The organization was supposedly hired by the
city to provide cleanup and gardening work around the Bay Area. But they also served another purpose: as a
resource to be deployed as part of the Willie Brown machine. In the 2003 election, they were deployed
to help, among others, Kamala Harris in her bid for district attorney.
According
to internal records, SLUG employees were told by their bosses to “attend
campaign events for” Kamala Harris. Campaign
manager Rebecca Prozan admitted that she had
conversations with the head of SLUG, Nuru, throughout
the campaign, although she denies asking him to bring workers to the rallies. The results were undeniable. In one instance, Prozan
admitted that the Harris campaign had mailed out 9,000 flyers for a public
event, but only 50–75 people actually showed up. An investigator said, “Prozan
concluded that all or most of the attendees were in fact SLUG workers.” Reportedly, Ron Vinson, a former Willie
Brown deputy press secretary, led the workers into events.
In
the November 2003 elections, Harris came in second behind Hallinan in a
three-person race. Because neither
candidate received a majority of the vote, there was a runoff. Winning the upset runoff victory, in early
January 2004, Kamala Harris was sworn in as San Francisco district attorney. She decided to take the oath on a copy of the
Bill of Rights rather than the Bible. There
were two benedictions—one from a Hindu priest in Sanskrit, the other from an
African American minister. The national
anthem was played—as well as the National Black Anthem. After the swearing in, there was sitar music,
and soul and Indian food were provided.
One
week after she was sworn in as district attorney, the city opened an
investigation into the allegations that city workers were pressured to campaign
for Harris and newly elected Mayor Gavin Newsom. But no charges were ever brought.
As
San Francisco district attorney, Kamala Harris enjoyed enormous discretion in the
handling of legal cases. She
would often determine which cases to prosecute and which not to. This was particularly true in highly public
and politically sensitive cases. Over
the course of her tenure, a consistent pattern emerged of favoring individuals
and institutions that were either her political supporters, or those closely
aligned with Willie Brown, or both. Some
of these cases involved all-too-common instances of big-city cronyism and
corruption involving city contracts, but other cases would involve disturbing
crimes that were covered up.
* * *
Perhaps
the deepest and most troubling mystery of Kamala Harris’s tenure as a
prosecutor centers on the disturbing issue of sexual abuse of children by priests. Harris often recounts her background as a sex
crimes prosecutor earlier in her career to attack others for their legal
failings in this area. In July 2019, for
example, she rightly criticized the lax penalties that pedophile Jeffrey
Epstein faced in his plea agreement with prosecutors. Harris attacked the prosecutor in the case,
Alex Acosta, who was now labor secretary in the Trump administration, for
“protecting predators.” Harris even
went after the law firm that represented Epstein in those criminal proceedings,
arguing that their representation of him “calls into question the integrity of
the entire legal system.” Critics
noted that she gladly took campaign donations from the same firm.
But
Harris’s handling of the widespread priest abuse scandal in San Francisco, and
later in the entire state of California, raises far more questions. During her decade-and-a-half tenure as a
chief prosecutor, Harris would fail to prosecute a single case of
priest abuse and her office would strangely hide vital records on abuses that
had occurred despite the protests of victims groups.
Harris’s
predecessor as San Francisco district attorney, Terence Hallinan, was
aware of and had prosecuted numerous Catholic priests on sexual misconduct
involving children. And he had been
gathering case files for even more. In
the spring of 2002, Pope John Paul II convened a meeting in Rome to discuss how
to deal with the spreading news of abuse.
By 2003, with a rising national tide of complaints, the scandals would
soon reach cities and towns across America.
The Boston Globe produced a Pulitzer Prize–winning series on
priest abuse and efforts to cover it up.
The scandal had now most definitely engulfed San Francisco. Hallinan’s office had launched an
investigation and quickly discovered that the San Francisco Archdiocese had
extensive internal records concerning complaints going back some seventy-five
years. In spring of 2002, Hallinan
demanded the church turn them over to his office. A month later, the archdiocese reluctantly
complied.
The
secret documents were explosive and reportedly contained the names of about
forty current and former priests in the San Francisco area who had been
identified in sexual abuse complaints. Hallinan
used the information from the files to begin pursuing legal cases against them. In nearby San Mateo and Marin County,
prosecutors obtained the same church records and those in Marin charged Father
Gregory Ingels in 2003. But by June 2003, Hallinan and other
prosecutors had hit a roadblock: the U.S.
Supreme Court ruled that California’s law extending the statute of
limitations for priest abuse cases was unconstitutional.
Nevertheless,
Hallinan was determined to pursue the cases.
Discussions began among California district attorneys about how diocese
abuse documents might be released to the public. Victim advocates were in favor of releasing
them, arguing that redacting the names of victims and other sensitive
information could protect their privacy.
Hallinan’s aggressive pursuit of these issues was of major concern to
the Catholic Church and related institutions, which were facing mounting legal
bills and settlements dealing with cases going back decades. Several priests were dismissed due to the
anticipated release of the documents.
The
records that Hallinan had in his possession touched on well-connected
institutions at the heart of California’s power structure. St. Ignatius
College Preparatory School, in the Archdiocese of San Francisco, counted
California governor Jerry Brown and the powerful Getty family as alumni. The school faced enormous vulnerabilities
because of abuse problems there. Based
on documents later released by the Jesuits who ran St. Ignatius, in the nearly sixty-year span from
1923 to 1982, in forty-three of those years the school employed at least one
priest on the faculty who was later accused of abuse. Hallinan’s investigation threatened to bring
dozens of additional cases to light. The
Catholic Archdiocese in San Francisco had reason to be extremely nervous.
According
to San Francisco election financial disclosures, high-dollar donations to
Harris’s campaign began to roll in from those connected to the Catholic Church
institutional hierarchy. Harris had no
particular ties to the Catholic Church or Catholic organizations, but the money
still came in large, unprecedented sums.
Lawyer Joseph Russoniello represented the
church on a wide variety of issues, including the handling of the church abuse
scandal. He served on the Catholic
Church’s National Review Board (NRB) of the U.S. Conference of Catholic Bishops. The purpose of the NRB was to review Catholic
Church abuse cases. Russoniello was
also a partner in the San Francisco law firm Cooley Godward. Russoniello donated
the maximum amount by law to her campaign, $1,250, and his law firm added
another $2,250. He also sat on Harris’s
advisory council when she was San Francisco district attorney. Another law firm, Bingham McCutcheon, which
handled legal matters for the archdiocese concerning Catholic Charities, donated
$2,825, the maximum allowed. Curiously,
Bingham McCutcheon had only donated to two other candidates running for office
in San Francisco before, for a total of $650.
As with Russoniello, their support was unusual.
Another
law firm, Arguedas, Cassman & Headley, was
defending a San Francisco priest against abuse claims at the time. They donated $4,550 to Harris. The lawyer in the case, Cristina Arguedas,
also served on Kamala Harris’s advisory council. Beyond these law firms, board members of San
Francisco Catholic archdiocese–related organizations and their family members
donated another $50,950 to Harris’s campaign.
Harris
also had ties to those who were working to prevent the Catholic Church
documents from coming to light. Harris
counts among her mentors Louise Renne, who as a city
attorney for San Francisco recruited Harris to come work with her as a city
attorney after her falling-out with Hallinan.
Louise Renne’s husband, Paul, was an attorney
at the law firm Cooley Godward, where Russoniello
worked. Russoniello
negotiated the agreement to bury the abuse records from public view.
Hallinan’s
loss to Harris changed more than the nameplate down at the San Francisco
district attorney’s office. With the
changing of the guard, the fate of the investigation into Catholic priest abuse
would dramatically change—and not for the better.
Harris,
who had been a sexual crimes prosecutor early in her career, moved in the
opposite direction of Hallinan and worked to cover-up the records. Hallinan’s office had used the
archdiocese files to guide its investigations and talked publicly about releasing
the documents after removing victims’ names and identifiers. Harris, on the other hand, abruptly decided
to bury the records. For some reason,
she did not want the documents released in any form. Harris’s office claimed that the cover-up was
about protecting the victims of abuse. “District
Attorney Harris focuses her efforts on putting child molesters in prison,” her
office claimed. “We’re not interested in
selling out our victims to look good in the paper.”
This
was a bold claim coming from Harris. During
the 2003 campaign, a woman who was allegedly tortured by a boyfriend with a hot
iron “blasted” Harris for citing her story during a campaign debate. “I am appalled by Kamala Harris referring to
my case,” she said. “Harris is
supposedly for victims, but she never consulted me before using my case.” In short, she had publicly talked about a
case the victim did not want mentioned.
When
it came to the priest abuse scandal, the opposite was true. Victims’ groups wanted the documents released
and Harris was stopping it. They were
outraged by her actions. Far from
protecting victims, they argued, the cover-up was actually protecting the
abusers by keeping their alleged crimes secret.
“They’re
full of shit,” said Joey Piscitelli, the northwest
regional director of Survivors Network of Those Abused by Priests (SNAP), the
largest and most active victims’ group. “You
can quote me on that. They’re not protecting
the victims.”
Rick
Simons, an attorney who represented multiple victims of clergy abuse, also
attacked Harris’s actions. Hiding the
records “shows a pattern and practice and policy of ignoring the rights of children
by one of the largest institutions of the city and county of San Francisco, and
in the Bay Area.” Kam Kuwata, a consultant to Los Angeles district
attorney Rocky Delgadillo, said there was “no reason why transparency and
protecting the victim cannot work hand in hand.”
With
the outcry of victims groups, Harris’s office then
attempted to shift blame, claiming that the idea of burying the evidence had
been first suggested by her predecessor, Hallinan. But he responded angrily to her claims. “I told Jack Hammel [the archdiocese’s legal
counsel] in no uncertain terms that I wouldn’t go along with anything like
that.” He went on to point out that
the documents contained information about a “potential target of a criminal
investigation” and asserted he “wouldn’t do a deal like that for [the
archdiocese] any more than I would if it were an Elks Club with a bunch of
pedophiles. Those are the kinds of deals
that have allowed the church sex scandal to go on as long as it has.”
Harris’s
actions were strange because they ran contrary to her public image as a fighter
for victims—particularly children. Her
decision regarding the diocese abuse records set off a chain reaction among
those trying to bring to light the widespread abuse that was taking place. James Jenkins, a psychologist who was the
founding chairman of the archdiocese’s Independent Review Board, which was offering
oversight on how to handle abuse claims, abruptly resigned from the board. He accused the church of “deception,
manipulation and control” for blocking the release of the board’s findings. Jenkins argued that Harris’s deal with the
archdiocese not only denied the rights of known victims, it also prevented
other possible cases from coming forward.
If the names of the priests who had faced credible charges were
released, he said, it “would encourage other victims to come forward with their
stories. Usually, people who do these
things have multiple offenses, usually with multiple victims. The rule of thumb is there are seven more
victims for every one who comes forward.”
Transparency
tends to embolden victims. Statistical
evidence from the archdiocese confirms the view that releasing the names of
accused priests led to an increase in the number of victims bringing charges. A good example of this is in Los Angeles,
where District Attorney Steve Cooley ignored the church’s cry to hide the
report and did the opposite of Kamala Harris: he released the records. According to SNAP, this led to more than 211
self-reported or litigation-revealed abusers being named in the Los Angeles
Archdiocese. In San Francisco, there were
only thirty-six, according to a lawsuit filed in 2012.
So,
what has happened to these abuse records?
It is unclear. In April 2010, a
journalist with the San Francisco Weekly asked for the records
through California’s Public Records Act.
Harris’s office denied the request, offering conflicting explanations as
to why they could not provide them. In
2019, I requested those records through a California attorney. The San Francisco district attorney’s office
responded that they no longer had them in their possession. Were they destroyed? Were they moved somewhere else? It remains a disturbing mystery. Beyond the handling of these abuse records,
Harris also had an abysmal record in prosecuting priest cases.
She
somehow served as San Francisco district attorney from 2004 to 2011, and then
as California attorney general from 2011 to 2017, and never brought a
single documented case forward against an abusive priest. It is an astonishing display of inaction,
given the number of cases brought in other parts of the country. To put this lack of action in perspective, at
least fifty other cities charged priests in sexual abuse cases during her
tenure as San Francisco district attorney.
San Francisco is conspicuous by its absence.
The
blind eye to priest sexual abuse was just part of a pattern of favoritism that
has permeated Harris’s career as a prosecutor.
Though not as dramatic as the sexual crimes, there were numerous instances
where she was apparently prepared to look the other way to protect politically
connected insiders. Her actions
represent the ultimate form of leveraging power in the criminal justice
realm—deciding not to pursue criminal charges.
* * *
It
was the sort of thing that vice cops are supposed to do. At San Francisco’s adult entertainment clubs,
dancers were taking customers behind closed doors and having sex for money. After repeated complaints that strip clubs in
San Francisco were often really serving as prostitution clubs, the San
Francisco Police Department decided to take action. They sent out letters to a couple dozen strip
clubs and warned them that the police would be looking into their activities. They would be checking their business licenses
and making sure that their permits were up to date. The police action caught the attention of
newly installed district attorney Kamala Harris, and her staff sent the message
to hold off on the enforcement. Meanwhile,
in response to continued complaints, the police conducted a pair of sting
operations. Three undercover officers
went into each of the two clubs and were quickly solicited by female employees
for paid sex. At both the Market Street
Theater and the New Century Theater, it happened “within minutes.” When the operations were done, nine women
were arrested, as was the general manager of the New Century. The cops claimed that they were “slam-dunk
cases.” But Kamala Harris dropped the cases.
“It just leaves me in amazement,” said San Francisco Police Department vice captain Tim Hettrich. It was “almost legalizing prostitution.”
Publicly,
Harris claimed that the problem was that the police should be focused on
arresting “street-level pimps and johns.”
In a statement, Harris claimed that there had been “no arrests” of
either. The San Francisco Police
Department was incredulous. “That’s an
outright lie,” said police investigator Joe Dutto. There were fifty to seventy johns arrested
every month.
Harris
then argued that the problem was that the doors for the private booths at the
clubs were not legal and that the Department of Building Inspection should deal
with them. Ken Harrington, a top
building inspector, fired off a snarky memo requesting the very precise
parameters of the “job” they were to do to satisfy the DA. Apparently flabbergasted that his office was
responsible (not the cops), he stated, “The next thing, she’ll be blaming the
gunshot homicide rate on us for not enforcing the city’s lead abatement
ordinance.”
Harris’s
strange objections to prosecuting prostitution cases connected to these raids
have a possible explanation. The owner
of both the Market Street and New Century theaters was a company called Déjà Vu. An owner of Déjà Vu, Sam Conti, had a long
history with Willie Brown. Conti had
first hired Brown as his defense attorney back in 1977. They remained friends. At Conti’s 2009 funeral, Brown delivered a
videotaped eulogy.
Harris’s
handling of this simple vice matter would set up questions about her
prosecutorial conduct as it related to powerful political allies and friends. While she was prepared to throw the book at
those with no connections to her, those with links to her or her powerful
allies would often get charges dropped. It
was selective enforcement of the law, hardly what one could call “blind
justice.”
Kamala
Harris entered the San Francisco attorney general’s office facing a whole host
of issues beyond priest sexual abuse and strip clubs; among them was the rampant
corruption that had become so common under her ex-boyfriend and political
sponsor, Willie Brown. During the bitter
campaign, Terence Hallinan had publicly stated that Harris would be unwilling
to bring corruption charges against allies and friends of Willie Brown because
they were still too close. Her record as
a prosecutor would prove him correct.
Willie
Brown appointed Hector Chinchilla, a real estate lawyer, as head of the San
Francisco Planning Commission shortly after he became mayor. The planning commission has enormous power in
San Francisco in determining which projects proceed and which do not. Chinchilla, sensing an opportunity, hired
himself out as a consultant to developers who were seeking city planning
permits from his commission. Over the
course of the next several years, he took in $181,000 from developers. The corruption case seemed clear. Developers told city officials that they had
been told that if they hired Chinchilla he would “run interference” regarding
opposition to their development. Reportedly,
“Chinchilla performed anything needed on the project.”
In
2002, then-prosecutor Terence Hallinan had charged Chinchilla with seven
misdemeanor ethics laws violations. “We
do regard it as a major corruption case and indicative of what is going on in
San Francisco,” he said at the time. “It
is very disturbing that that kind of atmosphere is pervading in San Francisco.”
Given
how close Chinchilla was to Willie Brown, the case “roiled City Hall.” Barely eight months in office, after a judge
dismissed some charges, Harris dropped all remaining charges against Chinchilla.
It
would not be the only case of Harris dropping the criminal charges of a Willie
Brown ally. Even in instances where
fraud directly threatened public safety, Harris struck legal deals with
the friends and allies of Willie Brown.
Consider the case of Ricardo Ramirez.
Ramirez ran a cement and concrete company called Pacific Cement. As of 2003, a full one-third of the public
works projects in San Francisco used Pacific.
Ramirez
was a colorful but ruthless player in the construction business. He liked to wear $500 cowboy boots and roamed
around the city in a $100,000 Mercedes-Benz.
He threw lavish parties with Mariachi bands and tossed around a lot of
campaign cash. Having given almost
$100,000 to politicians over the previous eight years made him a
“well-connected political player” in San Francisco. Those contributions often went to the Willie
Brown machine and were not always legal.
In 1997, state officials found that Ramirez had illegally contributed
$2,000 to Brown’s 1995 mayoral campaign.
His ties to Brown went beyond financial contributions. Ramirez was reportedly friends with Brown,
but he also hired connected officials like Jim Gonzalez, who worked as a lobbyist
for Ramirez. Longtime Willie Brown buddy
Charlie Walker was also a close friend.
Ramirez
might have gone down in the annals of San Francisco political history only as a
contractor greasing palms to get city contracts, but he also cut dangerous corners
threatening San Francisco public safety.
Ramirez was using inferior and cheaper recycled concrete on major
projects like the Golden Gate Bridge, parking garages, and light-rail projects. These were massive projects where structural
integrity was key: the half-mile stretch of the Bay Bridge’s western approach;
the parking garage at Golden Gate Park; a wastewater treatment plant in nearby
Burlingame; and the Municipal Railway’s Third Street light-rail project. The projects required solid concrete, but
Ramirez was actually using inferior recycled concrete, which contains recycled
debris rather than hard rock. Prone to
water penetration, recycled concrete is more likely to crack and to wear
quickly. Recycled concrete is acceptable
for decorative work, but for major load-bearing projects like roads or bridges,
it is considered unsafe.
Ramirez’s
company was able to keep up the scam for a while, but it eventually caught up
with him. Public works agency officials
went public with the fact that Ramirez’s company had defrauded them. Strangely, Ramirez never faced charges for
delivering substandard concrete. Instead,
Harris’s office settled for a plea deal involving a single environmental count,
illegally storing waste oil at one of his production facilities. To avoid jail time, he agreed to a year in
home detention and payment of $427,000 in fines and restitution.
City
officials were mystified. Tony Anziano, an official with the state agency Caltrans who was
in charge of the Bay Bridge approach project, said the agency had been
defrauded by Ramirez and his company. According
to the San Francisco Chronicle, Anziano
“said that Caltrans had always cooperated with prosecutors and that he couldn’t
explain why they hadn’t pursued charges.”
Harris
and her office refused to offer an explanation as to why they were going so light
on Willie Brown’s friend and donor. “Harris’
office had no explanation for why it dropped the concrete case,” noted
the Chronicle.
* * *
Kamala
Harris’s signature program as San Francisco district attorney was called Back
on Track—a program designed to give first-time drug offenders an opportunity to
avoid a criminal record. If they
participated in and successfully passed through the program, their drug record
was wiped clean.
Harris
would tout the program as enormously successful. “Back on Track is an innovative
initiative that has achieved remarkable results,” she said in 2009 as she
prepared her run for California attorney general. “It has dramatically reduced recidivism—the
re-offense rate—among its targeted population (nonviolent, first-time,
low-level drug offenders).” She
boasted that fewer than 10 percent of Back on Track graduates in San Francisco
had reoffended, but those numbers were highly deceptive in that they only
reflected those who graduated. During
the first four years of her program, for example, they kicked out almost half
of those chosen for the program. The
real recidivism rate was likely much higher.
The
program was also fraught with other problems that Harris was hoping the public
would ignore. Those included were not
just nonviolent, first-time offenders who had committed a single drug offense. Some were illegal immigrants and violent
criminals such as Alexander Izaguirre. Izaguirre
had gone through the program even though he had two arrests (instead of just
one) within eight months. One for
selling cocaine, the other for a purse snatching. Given those facts, it is unclear how
Izaguirre even got enrolled. More,
Izaguirre was one of at least seven illegal immigrants who were signed up. The problem was that the job-training program
that Harris had enrolled him in was training him for jobs that he could not
legally hold given his immigration status.
One
night, while he was still in the program, Izaguirre went to San Francisco’s
exclusive Pacific Heights neighborhood and committed a particularly brutal
crime. Amanda Kiefer was walking down
the street when Izaguirre snatched her purse and jumped into a waiting SUV. Rather than drive off, the SUV sped toward
Kiefer to run her down. Kiefer jumped on
the hood and saw Izaguirre and the driver laughing. The driver slammed on the brakes
throwing Kiefer to the ground. The
impact fractured her skull. Blood was oozing
from her ear.
Kiefer
would later ask why he was even in the program.
“If they’ve committed crimes and they’re not citizens, then why are they
here? Why haven’t they been deported?” Harris did not offer an explanation. Instead, she simply explained that enforcing
federal immigration law was not her job.
Never mind that her oath of office required her to enforce the laws of
the state of California and to protect and defend the Constitution of the
United States.
* * *
Harris
has a habit of dealing with problems by covering them up.
In
2009, Harris set her ambitions higher and announced her bid for California
attorney general. She enjoyed the
backing of the San Francisco establishment, Willie Brown, and won a very tight
2010 race against Republican Steve Cooley, who was the Los Angeles County
district attorney at the time. In the
end, Harris won by fewer than 75,000 votes, or less than 1 percent, out of more
than 9.6 million votes cast in the election.
The
pattern of selective enforcement of laws continued during her tenure as
attorney general. Beyond the move to
Sacramento and the new job, Harris also became romantically involved with Los
Angeles attorney Douglas Emhoff. The two met on a blind date set up by a close
friend of Harris. They were engaged in
March 2014. By August, they were married. It was a private ceremony presided over by
her sister, Maya. Guests were sworn to
secrecy.
Emhoff
has practiced corporate law most of his career and specializes in defending
corporations facing charges of unfair business practices and entertainment
and intellectual property law matters. He
established his own boutique firm in Los Angeles, but
was later tapped to become the partner-in-charge at the Los Angeles office of
Venable LLP, an international law firm with offices around the country. As partner-in-charge, Emhoff
was involved in all cases coming out of the office. Venable’s clients included a parade of
corporations who had matters sitting on Kamala Harris’s desk. The fate of many of those cases is further
evidence of the selective nature of the way she has exercised power, often for
the benefit of friends, family, and those with whom they have financial ties.
Nutritional
supplement companies have faced a myriad of legal actions over the years about
what critics claim are exaggerated statements about
the effectiveness of their products. This
would seem to be a natural area for Harris to use her powers as attorney
general and as a self-professed consumer advocate.
Indeed,
in 2015 the attorneys general from fourteen other states, including New York,
launched an effort to investigate nutrition companies on the grounds of false
advertising and mislabeling. They
claimed, “Many products contained ingredients that were not listed on their
labels and that could pose serious health risks.” Harris, who had a history of working with
these AGs on other issues, did not participate.
At
the same time that these states were pursuing the nutritional supplement issue,
the Obama administration’s Department of Justice (DOJ) was also going after
dietary supplement producers, charging them with exaggerated claims about their
products “that are unsupported by adequate scientific evidence.” Their targets included General Nutrition
Corporation (GNC), Herbalife, AdvoCare International, Vitamin Shoppe,
Walgreens, and others.
The
Federal Trade Commission (FTC) opened an investigation into Herbalife in March
2014. In California, Harris’s attorney
general’s office had received more than seven hundred complaints about
Herbalife. In July 2016, the FTC won a
$200 million settlement against Herbalife.
But Harris never even investigated the company.
Something
very strange occurred in this instance when it came to Harris’s handling of the
matter. The Los Angeles Times noted
her conspicuous failure to participate in the action.
It
is worth noting that those corporations in question all happened to be clients
of her husband’s law firm, Venable LLP. GNC,
Herbalife, AdvoCare International, Vitamin Shoppe, and others were represented
by Venable. Indeed, her husband’s office
had only months earlier, in January, represented Walgreens in a case involving
false advertising claims. Though the
lawsuit was dismissed, the possibility of another class action case remained.
Herbalife
was one of Venable’s large clients, paying the firm for thousands of hours of
legal work. Herbalife had been the subject
of a standing court order since 1986 concerning its advertising claims and
practices. Critics point out that Harris
declined to enforce those standing court orders.
As
Harris was deciding on how to deal with the Herbalife matter, the company’s
lobbying firm threw her a fund-raiser. On
February 26, 2015, the Podesta Group, which specifically represented Herbalife,
held a luncheon fund-raiser for Harris in Washington, D.C.
In
2015, prosecutors from Harris’s own attorney general’s office based out of San
Diego sent her a long memorandum arguing that Herbalife needed to be
investigated. They also requested
additional resources to probe further into the company and its practices. Harris declined to investigate or provide the
resources—and never offered a reason. By
August 2015, Venable LLP promoted Emhoff to managing
director of the West Coast operations.
This
was not the only case in which Harris exercised her prosecutorial powers
selectively. Those with the right
connections avoided legal scrutiny even in generally clear-cut cases. Governor Jerry Brown was a Harris political
ally and endorsed her candidacy for the U.S.
Senate. Brown’s sister, Kathleen,
joined the board of Sempra Energy in June 2013.
In 2015 and 2016, the company suffered “the biggest methane gas leak
from a well blowout in US history.” For
more than one hundred days gas streamed out of the company’s well. The culprit was a corroded metal lining that
had ruptured after long-term exposure to groundwater. It was a major environmental failure by the
company. As attorney general, Harris
often took on environmental cases with gusto.
In this case, Harris’s office refused to investigate the matter.
* * *
Political
power creates leverage opportunities when a politician wants something from
someone.
The
Daughters of Charity owned several hospitals in California that were struggling
and at risk of being shut down. The
charity wanted to sell those hospitals to another nonprofit chain in the hopes of
preserving them to serve the local communities in which they were based. The matter required a simple approval by
California attorney general Kamala Harris as required by state regulations. A powerful union, United Healthcare Workers
West (UHW), threatened to “blow up the deal” by offering to support her bid for
the U.S. Senate if she would stymie the
sale, and further, threatened to spend it on an opponent if she would not.
Founded
in Paris in 1633, the Daughters of Charity is dedicated to serving the poor. By the nineteenth century, the order was in
the United States and eventually began opening hospitals. As of 2002, the Daughters of Charity Health
System (DCHS) consisted of six California hospitals. The system found itself in difficult
financial conditions in 2014. The
charity was facing serious economic challenges in the changing world of health
care. The nonprofit hospital chain had suffered
an operating loss of $146 million, so they opened up the sale of the hospitals
for a competitive bidding process that lasted thirteen months and brought in
more than two hundred bids. Daughters of
Charity selected a bid from Prime Healthcare Services for $843 million. The choice was simple, as Prime Healthcare’s
was the only bid that promised to honor a $250 million unfunded pension for
17,000 current and former employees; maintain the facilities for at least five
years, ensuring that communities would not immediately close money-losing
hospitals; commit $250 million in capital expenditures; and maintain the
existing union contracts with employees.
Prime Healthcare had a history of good performance in these
circumstances. Over the previous fifteen
years, they had acquired thirty-five hospitals around the United States that
were either bankrupt or in deep financial trouble and had managed to save every
one of them.
As
California attorney general, Harris spent lots of time deciding which legal
cases to bring and how to defend the state in court. She also had a role in providing regulatory
approval. Which meant, of course,
leverage over companies.
One
of her regulatory responsibilities was the Non-Profit Hospital Transfer
Statute, which meant she needed to approve such transactions as the Prime
Healthcare acquisition of Daughters of Charity.
Not only had the Daughters of Charity Hospital voted in favor of
Prime’s bid as the “best and only” option to keep the hospitals open, but also
a broad coalition of groups supported Prime Healthcare’s proposal. The California National Organization for
Women and the California State Conference of the National Association for the
Advancement of Colored People (NAACP) supported the bid. So, too, did newspapers like the San
Francisco Chronicle and the Los Angeles Times. Indeed, the California Nursing Association
(CNA), which represented 90,000 registered nurses in California, came out in support.
But
powerful political allies of Harris’s did not like the deal. In particular, the Service Employees
International Union (SEIU), UHW’s parent union, was strongly opposed. The union was a longtime backer of Harris and
she coveted their support as she looked to run for the U.S. Senate in 2016. During her 2010 and 2014 elections for
attorney general, SEIU and UHW had donated more than $204,000. (In 2014, they were her leading campaign
contributor.) They also provided millions more through political action committees. Executives involved in the deal heard that
the SEIU was promising Harris $25 million through SEIU COPE, the national
political action committee, if she squelched the deal.
SEIU
leaders hated Prime Healthcare. The
nonprofit chain had a good working relationship with many unions, including the
California Nurses Association, but SEIU was not among them. SEIU wanted full unionization of all of
Prime’s California hospitals. They also
wanted to unionize the nurses under their UHW, but the CNA already represented
the nurses at Prime.
Public
hearings were held in the affected communities by Daughters of Charity, and
there was “overwhelming support” for the sale of DCHS to Prime. But the nonprofit chain refused SEIU’s
demands.
According
to a lawsuit file by Prime Healthcare, SEIU officials boldly told the head of
Prime Healthcare that unless they allowed their union to take over
representation of the nurses, Harris would not approve the deal. If true, it was an extraordinary statement
from union officials: they would dictate the regulatory approval of the
transaction.
Prime
Healthcare also alleged that Harris’s office informed advisors for DCHS that
the attorney general would approve the deal only if Prime allowed SEIU-UHW to
unionize the chain. The Daughters of
Charity ended up filing a lawsuit against the SEIU-UHW accusing the union of
extortion.
The
Prime Healthcare complaint against Harris claimed that on February 20, 2015,
Harris publicly “approved” the transaction, but put impossible conditions on the
deal. These were essentially “poison
pill” requirements that her office knew would not be approved by Prime
Healthcare. Indeed, the list of three
hundred conditions was seventy-seven pages long. Furthermore, those conditions were
nonnegotiable. The attorney general of
California had never imposed such conditions on a hospital sale before. The consultant that Harris had brought in to
review the deal had not suggested these conditions, according to the complaint. Indeed, senior executives from Harris’s office
allegedly informed Prime Healthcare that the conditions “were from the Attorney
General, herself.”
This
was not the first time Harris had allegedly blocked a deal involving Prime
Healthcare, which claimed that back in 2011, SEIU officials took credit for
getting Harris to block Prime Healthcare’s acquisition of Victor Valley
Community Hospital (VVCH). Although the
independent consultant hired by Harris’s office had allegedly recommended
approving the deal, the attorney general said no.
Instead,
the complaint alleged that Harris wanted Victor Valley Community Hospital to
support a bid by a competitor, KPC Global.
She placed no conditions on the KPC Global purchase—even on fees or
reimbursements—even though VVCH was a nonprofit hospital. When Victor Valley Hospital board members
protested the decision, Harris allegedly threatened them with criminal
investigations from her office and possible termination from the hospital board.
SEIU
leaders bragged to hospital executives about their power. On July 24, 2014, union boss Dave Regan told
Dr. Prem Reddy, head of Prime
Healthcare, that as long as the nonprofit resisted his efforts to unionize the
hospitals, there would be no Prime Healthcare deals in California. He allegedly told Reddy that Harris was “his
politician” and she “would do what [he] told her to.”
For
the Daughters of Charity deal, SEIU favored a strange alternative, which, as
alleged by Prime Healthcare, demonstrates where their interest actually stood. They did not push for a nonprofit chain like
Prime Healthcare to take over the Charity hospitals; instead, they pushed for a
New York City–based investment fund called Blue Wolf Capital Partners. The private equity firm had zero experience
in operating hospitals. What they did
have was close ties to organized labor and the Democratic Party. The Blue Wolf
deal never materialized, but Harris had other ideas.
Having
squelched the purchase of a nonprofit hospital chain by another nonprofit
chain, Harris then jumped and offered conditional approval for Blue Mountain
Capital to manage the hospital through one of its subsidiaries. The deal was quite extraordinary and frankly
bizarre, even though, unlike what Prime Healthcare had proposed, it would
maintain the hospitals as nonprofit entities.
Blue Mountain Capital had a hard-charging reputation in financial circles
and had been neck-deep in the credit swap debacle back in 2008. And in this particular case, Harris was
approving a deal that was far worse for patients, according to Prime
Healthcare’s complaint. She allowed Blue
Mountain to cut services that Prime Healthcare had promised to keep open. For Prime Healthcare, she had said that
women’s health services were required to remain open, for example, something
that Prime Healthcare said it would do. Harris
was allegedly allowing Blue Mountain Capital to close such services.
Harris’s
approval of the purchase was remarkable.
“I cannot recall a hedge fund incursion of any scale, let alone on this
scale,” said Richard B. Spohn, a partner
in the law firm Nossaman LLP’s health care practice. “It’s anomalous and it’s portentous in sort
of an ominous way. The monetization of
nonprofit assets in this fashion is worrisome.”
Blue
Mountain Capital is headed by Andrew Feldstein, who has donated hundreds of
thousands of dollars to the Democratic Party. His wife, Jane Veron,
is also a major donor to the party, contributing tens of thousands of dollars.
Harris
has used her powers as a prosecutor to leverage her rise to power,
and protect corrupt allies and friends.
But sometimes leverage is exercised through the proxy of family.
A pdf copy of this excerpt may be downloaded here.