News : POLITICO California Playbook: GASCÓN faces backlash — NEWSOM lifts STAY-AT-HOME order — BECERRA probes LA SHERIFF

Monday, January 25, 2021

POLITICO California Playbook: GASCÓN faces backlash — NEWSOM lifts STAY-AT-HOME order — BECERRA probes LA SHERIFF —TOBACCO referendum coming in 2022

Jan 25, 2021

By Jeremy B. White, Carla Marinucci, Graph Massara and Mackenzie Hawkins

THE BUZZ: New Los Angeles District Attorney George Gascón ran on a promise to shake things up. He didn't wait long — and neither did the ferocious backlash.

The reformist standard-bearer channeled surging criminal justice activism last year in his successful bid to topple incumbent DA Jackie Lacey. It was a landmark victory for a burgeoning progressive prosecutor movement guided by the principles of less incarceration and lighter sentences. And Gascón's win hinted at a sea change underway: In addition to overcoming the financial might and political clout of law enforcement unions, he also rode a wave of support from Democratic elected officials who stampeded away from Lacey, perceiving that the winds had shifted.

George Gascón on Oct. 1, 2020.

George Gascón on Oct. 1, 2020. | AP Photo/Damian Dovarganes

But winning a campaign can be easier than achieving enduring policy changes. Gascón's odyssey so far has tested the political and legal limits of what's possible, and it's illuminated a larger fault line in the world of prosecutorial politics. On one side stand Gascón and ideologically aligned district attorneys — increasingly cultivated by a national funding network — who believe justice requires rejecting a retrograde status quo, even if that means defying police officers and bringing along resistant deputies. On the other stand prosecutors who believe Gascón and his ilk are imperiling public safety and disrespecting crime victims to advance a national agenda.

You can see that cleavage even beyond the drama in Los Angeles. Gascón and three other reform-minded California district attorneys have formed the Prosecutors Alliance to act as a counterweight to the California District Attorneys Association. Among their goals is cutting off the flow of law enforcement donations to district attorney campaigns, saying that cash assistance creates an irreconcilable conflict (a reminder here that law enforcement unions opened wide the vault to defeat Gascón). When the state bar considered that proposal on Monday, Gascón protégé and San Francisco District Attorney Chesa Boudin testified in favor; in opposition was El Dorado District Attorney and CDAA President Vern Pierson.

The resistance that has greeted Gascón is another order of magnitude. He is fighting to implement a sweeping raft of directives that includes a controversial halt to sentencing enhancements, already reconfigured to allow for hate crimes. His own line attorneys are battling him in court — and the CDAA is siding with them over Gascón, in an extraordinary public repudiation of a single member. Individual DAs have said they won't work with him. Whether you see this as Gascón unconstitutionally dictating the law in pursuit of political goals or taking on a hidebound law enforcement establishment that has so far rejected the change people took to the streets to demand, one thing is for certain: The battle for Gascón's agenda is fiercely joined. POLITICO's Jeremy B. White has the story.

BUENOS DÍAS, good Monday morning. Gov. Gavin Newsom will lift stay-at-home orders across California today, Carla and our Kevin Yamamura scooped late last night . And in Washington, Speaker Nancy Pelosi is expected to transmit a House-passed impeachment charge to the Senate today, setting the stage for the trial of former President Donald Trump to begin the week of Feb. 8.

QUOTE OF THE DAY: "The essence of any kind of creation is there are limits, and you have to understand the limits. You need content, but you need shape. You don't want shapelessness. Episodic fragmentary buzz bits of public presentation — that's not leadership." Former Gov. Jerry Brown shares his thoughts on President Joe Biden with NYT's Shane Goldmacher.

TWEET OF THE DAY: Rep. Darrell Issa @DarrellIssa offers a glimpse into the blood feud of San Diego Republican politics, backing a former mayor over his former House rival: ".@Carldemaio is using @ReformCalif to lie about @Kevin_Faulconer, our strongest GOP candidate to defeat Gavin Newsom. I'm deeply disappointed that Carl spends more time tearing down conservative Republican leaders working to unite our party than supporting them."

WHERE'S GAVIN? Nothing official announced. The governor's last press event was Jan. 15.

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TOP TALKERS

— "California launches probe of LA County Sheriff's Department," by the LA Times' Alene Tchekmedyian: "The announcement comes after a series of high-profile shootings and allegations of misconduct within the department that have triggered widespread protests and demands from community organizers and lawmakers for independent investigations."

FLUNKING — "California now ranks dead last in administering COVID-19 vaccines," by SFGATE's Eric Ting: "Of the nation's six largest states, California remains the only one with a usage rate below 40%, as was the case last week."

POETRY POWER — The political roots of Amanda Gorman's genius, by POLITICO's Maya King and Nolan. D. McCaskill: Gorman's poetry, and its activist leanings, don't spring out of a vacuum. Instead, she's part of a continuum of writers, particularly performance poets of color, who've used poetry to inspire political action, relying on their art and their platforms to call attention to the issues of the day.

— " The Washington Post Tried To Memory-Hole Kamala Harris' Bad Joke About Inmates Begging for Food and Water," by Reason's Eric Boehm: "It was an extremely cringeworthy moment, even by the high standards set by Harris' failed presidential campaign. But now that Harris is vice president, that awful moment has seemingly vanished from the Post's website after the paper 'updated' the piece earlier this month."

CORONAVIRUS UPDATES

CHURCH MIX — California upholds indoor worship ban when infection rates are high, by POLITICO's Jeremy B. White: The Ninth Circuit Court of Appeals upheld Newsom's halt on indoor worship in areas where surging case numbers threaten to overwhelm hospitals, vindicating California's approach during "its darkest hour in its fight against the COVID-19 pandemic." But the court ruled against state limits on how many worshippers can gather in counties where outbreaks are less severe.

REGISTER HERE — "State activates vaccine clearinghouse website," by CalMatters' Barbara Feder Ostrov: "Called MyTurn (myturn.ca.gov), the online registry has not yet been widely promoted and still is a work in progress. Californians can register on the website to be notified when it's their turn for the vaccine in a number of counties. But for now, it only can be used to schedule appointments for health care workers and people 65 and older."

BUT IT COULD BE A WHILE… " L.A. County won't be fully vaccinated till 2022 unless pace improves, Garcetti warns," by the LA Times' Luke Money and Rong-Gong Lin.

— "'We Are Forced to Live in These Conditions': In Los Angeles, Virus Ravages Overcrowded Homes," by the NYT's Tim Arango: "It is this Los Angeles, of tight-knit families, of streets packed with food vendors from Central America and Mexico, of encampments of homeless residents, where the virus has spread ferociously, bringing so much sickness and death."

WHAT HAPPENED? — "How the winter COVID-19 surge overwhelmed California," by the LA Times' Soumya Karlamangla and Rong-Gong Lin: "Now, with the crisis showing signs of easing, the main reason for the catastrophic surge is coming into focus: a false confidence that the pandemic could be kept in check. For the public, that complacency showed up in fatigue and frustration over safety restrictions. Officials, for their part, were caught off-guard by how rapidly, and how broadly, the virus spread once the numbers began to climb."

— " Young L.A. 'vaccine chasers' crowd unofficial standby lines in hopes of a shot," by the LA Times' Julia Wick and Hayley Smith: "Those crowds have included seniors who, despite being eligible to receive the shots, had failed to secure appointments. But many of the others camped out in line do not qualify for doses under the state's phased system of distribution."

— " California Authorities Probe Death of Person Who Received Covid-19 Vaccine Hours Earlier," by the WSJ's Sarah Toy.

THE 46TH

— "Big Tech nemesis Lina Khan is gaining traction for top Biden antitrust role," by Recode's Jason Del Ray: "If Khan is nominated and then confirmed by the Senate, it would mark a blow to the Big Four tech companies — Amazon, Facebook, Google, and Apple — that have been trying to avoid having the government rein in their unmatched economic and societal power."

— Pressure rises on Biden to shut tech out, by POLITICO's Nancy Scola: In the wake of the social media fueled riot on the Capitol, many on the progressive left have argued that Twitter and Facebook's early reticence to restrict extremist content highlights the danger of the hands-off approach Washington, D.C., has taken to the tech industry for years.

DIFI DILEMMA — "Keeping her options open at 87, Californian Dianne Feinstein brushes off calls to resign," by McClatchy's Kate Irby: "The left wing of the California Democratic Party might want Sen. Dianne Feinstein to step down and make way for a younger leader, but for the time being President Joe Biden's agenda depends on the 87-year-old lawmaker keeping her seat."

— "Biden's plans may offer hope to L.A.'s homeless population — if Congress goes along," by the LA Times' Benjamin Oreskes: "President Biden's proposals for another round of pandemic stimulus spending include billions that would help people on the streets — and those in danger of winding up there."

MADAM VP

KAMALA CLOUT — "Why Kamala Harris Is a Star of the New York City Mayor's Race," by the NYT's Katie Glueck.

BROWN ANALYZES HARRIS — After 12 years, former SF Mayor's Willie Brown's last column in the SFChronicle: " How Kamala Harris can be the face of the Biden administration" — "The media — and the public — are going to want a rising star. Harris has the smarts, the personality and energy and, dare I say, the glamour to fit the bill. She can be the 'outside' face of the administration. If there's a program to sell, an issue that needs public attention or a wildfire, hurricane or other disaster to recover from, Harris can be dispatched."

— " Harris is headed back to the Senate, whether she likes it or not," by the LA Times' Mark Z. Barabak: "Harris hopes to build her clout inside the White House, not on Capitol Hill, shaping legislation and helping set the administration's priorities and agenda long before items come to a vote on the Senate floor."

CAMPAIGN MODE

HEADED TO THE BALLOT — Referendum of flavored tobacco ban heads to November 2022 ballot, by POLITICO's Jeremy B. White: A tobacco industry-funded referendum seeks to overturn a prohibition on flavored tobacco that Gov. Gavin Newsom signed into law last year. Proponents have submitted enough signatures to officially get their shot, the California secretary of State's office said on Friday.

RECALL CASH — The effort to recall Gov. Gavin Newsom got a couple more six-figure boosts: $150,000 apiece from DGB Ranch and from Los Angeles real estate mogul Geoff Palmer. Palmer has also been a major donor to Trump-aligned super PACs and to Republican PACs and parties around the country — a point that will surely be emphasized by Democratic recall opponents trying to frame the effort as driven by Trump loyalists and far-right extremists.

— "Recall Newsom effort has ties to far-right movements, including QAnon and virus skeptics ," by the LA Times' Anita Chabria and Paige St. John: "Those included groups promoting distrust of government, science and medicine; peddlers of QAnon doomsday conspiracies; 'patriots' readying for battle and one organization allied with the far-right extremist group, the Proud Boys."

— "The GOP Bid to Boot Gavin Newsom Could Backfire," Joshua Spivak opines in the WSJ: "The recall risks turning off California voters who are open to supporting Republicans but don't want to waste taxpayer money on election reruns."

GAVINLAND

FIRST IN PLAYBOOK — NEW SCHOOL DRIVE AIMED AT NEWSOM: Parents enraged about continued school closures in California on Monday will launch a new bipartisan political effort, OpenSchoolsCA, aimed at pressuring Newsom to end an approach that organizers say is "forcing elected Democrats who rely on CTA/AFT money to pick a side: kids or the teacher's unions. "

"Keeping schools closed poses a major risk to kids' health and well-being," said Megan Bacigalupi, a parent of two elementary school children in Oakland and advocate with Open Schools California. "It is wholly unfair and inequitable to make children pay the biggest price during this pandemic when medical professionals agree that schools can be safely reopened for in-person education for both teachers and students." Organizers tell POLITICO they are hoping to unite "committed public school Berkeley Democrats with Kevin McCarthy Republicans and charter school advocates" to force action.

CALIFORNIA AND THE CAPITOL CORRIDOR

DOOMED TO FAIL — "California educators give Newsom's COVID-19 school plan a failing grade," by the LA Times' John Myers: "The only thing left unsaid is obvious: Absent substantial changes, Newsom's 'Safe Schools for All' plan won't be ratified by the California Legislature."

— "How many Californians are at risk of eviction? Depends who you ask," by CalMatters' Nigel Duara: "The Fed estimated 240,000 households were at risk, while CalMatters worked with the Berkeley researchers using Census household surveys to develop a projection closer to 700,000 households."

BACKSLIDE — " A 'full reverse': California joblessness spiked in December, thwarting recovery," by the LA Times' Margot Roosevelt: "California's unemployment rate surged in December as the COVID-19 pandemic spun out of control and more businesses were forced to shut down, reversing a months-long economic recovery."

— "California spent $19 million to shield Capitol from protests," via the AP.

BILL WATCH — "S.F. lawmaker's bill would make it easier to challenge expert testimony as science advances," by the SF Chronicle's Alexei Koseff.

— "Californians would be given time to mourn dead loved ones under this bill ," by the Sac Bee's Andrew Sheeler.

— "California travel will look different this year. Here's what to expect," by the SF Chronicle's Gregory Thomas: "After a brutal year in which California's tourism industry was cut in half, travel and hospitality experts are seeing signs of a rebound in 2021."

SILICON VALLEYLAND

— "Twitter bans account of Iran's top leader after Trump threat," via the AP: "Twitter said Friday it has permanently banned an account that some in Iran believe is linked to the office of the country's supreme leader after a posting that seemed to threaten former President Donald Trump."

BIG TECH, BIG BUCKS — "Amazon, Facebook, other tech giants spent roughly $65 million to lobby Washington last year," by WaPo's Tony Romm: "The sizable sums foreshadow the political blitz that Silicon Valley is likely to mount as President Biden and his new Democratic control in Congress start sending early signals about their plans to try to rein in the tech industry."

HOLLYWOODLAND

— "The women who brought down Burger Records," by the LA Times' Jessica Gelt: "[Casey] Redd went public with her experience last summer, sharing her story on her personal Instagram page and soon after on a page she created called Lured_By_Burger Records, which posted accusations about men in the Burger scene from other female fans and artists. … Within a week, the label ceased operations completely, prompting a long-overdue reckoning about the prevalence of sexual abuse in Southern California's underground/DIY music scene."

— " Larry King dead: Legendary talk show host dies at 87," by the LA Times' Dennis McLellan.

— "Cable Network NBCSN To Go Dark By Year-End, With Live Events Shifting To Peacock, USA," by Deadline's Dade Hayes.

CANNABIS COUNTRY

— "California regulators say cannabis billboards along interstate highways must come down," by the OC Register's Brooke Staggs.

MEDIA MATTERS

SCHWARZENEGGER TALE — In Medium post, Arnold Schwarzenegger spox Daniel Ketchell takes on LA Times letters editor Paul Thorton. Ketchell writes that Thorton's weekend article and its headline , "Shots for Them, and Not for You" wrongly suggested Schwarzengger jumped in line to get his Covid-19 vaccine — and then he lays out how it went down. "Governor Schwarzenegger specifically refused to ask for any special treatment because he wanted to have the same exact experience as everyone in LA... when he spoke out about it, it was real. His experience should give the people who are currently eligible hope, not outrage."

MIXTAPE

— "Proud Sacramento grandmother watches poet Amanda Gorman shine during inauguration," by the Sac Bee's Marcus D. Smith.

— " Ghost Ship defendant pleads guilty," by the Mercury News' Angela Ruggiero.

— "Sheriff rejects finding that top aide used racial slur," by the LA Times' Alene Tchekmedyian.

— " What crisis? Lawsuit claims urban Sacramento has enough housing, seeks to block apartments," by the Sac Bee's Theresa Clift.

— "Fire breaks out at vacant home in Hollywood," by Fox 11's Mary Stringini.

— " S.F gay landmark Twin Peaks Tavern was in danger of closing. Its patrons helped keep it open — for now," by the SF Chronicle's Tony Bravo.

HAPPENING TUESDAY - DRAWING THE ETHICAL LINE ON ARTIFICIAL INTELLIGENCE: As AI becomes increasingly ingrained in our everyday lives, there are concerns about biases in these systems and ethical standards to guide their fair use. Without an international framework or set of principles governing AI, the ethical guidelines for its use vary across countries and cities and sometimes even come down to individual policymakers, elected leaders, the private sector, and grassroots advocates' work. Join POLITICO for a conversation to explore the pace of global AI innovation and development and what it means for the future of ethical standards in this space. The virtual program features an executive conversation between POLITICO CEO Patrick Steel and Workday EVP of corporate affairs Jim Shaughnessy. REGISTER HERE.

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