Snip.
In 2010, the crime lab run by the San Francisco Police Department was rocked by a scandal when one of its three technicians was caught taking evidence––cocaine––home from work, raising the prospect of unreliable analysis and testimony in many hundreds of drug cases. It was later discovered that, even prior to the scandal, an assistant district attorney had emailed Harris’ deputy at the San Francisco District Attorney’s Office complaining that the technician was “increasingly UNDEPENDABLE for testimony.”
But even after the technician was caught taking home cocaine, neither Harris nor anyone in her office notified defense attorneys in cases in which she had examined evidence.
“A review of the case, based on court records and interviews with key players, presents a portrait of Harris scrambling to manage a crisis that her staff saw coming but for which she was unprepared,” The Washington Post reported in March. “It also shows how Harris, after six years as district attorney, had failed to put in place written guidelines for ensuring that defendants were informed about potentially tainted evidence and testimony that could lead to unfair convictions.”
In fact, her office initially blamed the San Francisco police for failing to tell defense attorneys about the matter. A judge was incredulous, telling one of the assistant district attorneys, “But it is the district attorney’s office affirmative obligation. It’s not the police department who has the affirmative obligation. It’s the district attorney. That’s who the courts look to. That’s who the community looks to, to make sure all of that information constitutionally required is provided to the defense.”
Harris claimed that her staffers didn’t tell her about the matter for several months.
The Wall Street Journal reported in June that years earlier, her aides had sent her a memo urging her to adopt a policy of disclosing police misconduct to defense attorneys to safeguard the right to a fair trial. Police unions, however, were opposed to the policy, and Harris failed to act on it until after the 2010 scandal.
Had she chosen otherwise, she would not have woken up to this San Francisco Chronicle story: “Kamala Harris’ office violated defendants’ rights by hiding damaging information about a police drug lab technician and was indifferent to demands that it account for its failings, a judge declared Thursday … In a scathing ruling, the judge concluded that prosecutors had failed to fulfill their constitutional duty to tell defense attorneys about problems surrounding Deborah Madden, the now-retired technician at the heart of the cocaine-skimming scandal that led police to shut down the drug analysis section of their crime lab.”
Meanwhile, Jeff Adachi, then head of the San Francisco Public Defender’s Office, declared at the time, “Anytime I’ve asked the district attorney for a meeting, I’ve been told the district attorney is out of town or not available. We need a district attorney who will give this the attention it deserves.”
Harris failed the disclosure-of-misconduct test.
Busing policies were abandoned because they were wildly unpopular, and there’s no reason to think they’ve magically become popular. So Harris equivocated and then backtracked.
That attacking Biden on busing would paint the attacker into a corner was predictable. It was in fact predicted. See, for example, the end of this article from March in National Review. (Democratic strategists: Subscribe today!)
Going on the offensive and then retreating on busing made Harris seem inauthentic. And the candidate had been dogged by questions of inauthenticity since the start of her campaign because of her waffling on the issue of Medicare for All, the policy at the center of the 2020 Democratic primary.
First Harris indicated at a CNN town hall that she supported abolishing private insurance, as Medicare for All proposes. Then Harris said she didn’t support abolishing private insurance: She tried to hide behind the fig leaf that Medicare for All allows “supplemental insurance,” while obscuring the fact that “supplemental coverage” would be legal for only a very small number of treatments not covered by Medicare for All, such as cosmetic surgery. And cosmetic-surgery insurance doesn’t even exist.
Harris thought she’d finally figured a way out of the Medicare for All mess in July: She introduced her own plan shortly before the Democratic debates. It tried to split the difference: She promised to transition to a single-payer plan in 10 years (as opposed to Sanders’s four-year deadline). This was meant to reassure progressives that they’ll get there eventually while also reassuring moderates that there will be at least two more presidential elections before the country goes through with anything crazy.
Harris’s provision of Medicare Advantage–type plans was also supposed to reassure moderates, but the second debate demonstrated that she still wasn’t ready to respond to the fact that her plan would eventually abolish existing private health plans for everyone, and she has no serious plan for how to pay for single-payer.
Then there were Joe Biden’s and Representative Tulsi Gabbard’s devastating attacks on Harris’s record as a prosecutor at the second Democratic debate. “Biden alluded to a crime lab scandal that involved her office and resulted in more than 1,000 drug cases being dismissed. Gabbard claimed Harris ‘blocked evidence that would have freed an innocent man from death row until she was forced to do so.’ Both of these statements are accurate,” the Sacramento Bee reported after the debate.
As Harris’s backtracking on busing made clear, no one is seriously considering resurrecting the deeply unpopular policies of the 1970s. But criminal justice is very much a live issue in Democratic politics, and that’s why the attack on Harris’s record as a prosecutor has had such a greater impact than the attack on Biden’s record on busing. Biden continues to do very well among African-American voters, while Harris continues to struggle.
