California’s next attorney general must do better than Becerra. Who will Newsom pick?
Sacramento Mayor Darrell Steinberg rarely turns down interview requests, but he did not want to talk about whether Gov. Gavin Newsom might appoint him to replace Xavier Becerra as California attorney general.
He’s on the shortlist. Some other names in the mix include Contra Costa County District Attorney Diana Becton, Assemblyman Rob Bonta of Oakland, Rep. Adam Schiff of Los Angeles, state Sen. Anna Caballero of Salinas and California Supreme Court Justice Goodwin Liu.
With Becerra now confirmed as President Joe Biden’s secretary for Health and Human Services, Newsom will unveil his AG pick soon.
AG technically stands for “attorney general.” But longtime political hands know it also stands for “aspiring governor.” Earl Warren, Pat Brown, George Deukmejian and Jerry Brown catapulted themselves into the governor’s office from the AG office.
It would be great to have an AG who just wants to do a terrific job as the state’s chief law enforcement officer, but that’s generally not how politicians work. Whoever Newsom appoints will eye a run for higher office, so the governor’s AG pick could be consequential for years to come.
Becerra, a Sacramento native who made history as California’s first Latino AG, leaves behind a mixed record. He was quick to sue Donald Trump but less bold when it came to riskier political fights. He ducked major police reforms and avoided crackdowns on abusive police departments.
His tenure as AG also exposed his odd penchant for secrecy. He fought a 2018 state law requiring him to release the disciplinary records of problematic officers. More recently, he blocked state researchers from accessing data on gun violence even though two state laws require him to share the information.
Becerra’s replacement can immediately do a better job by upholding the law and embracing transparency. But releasing public records is quite a low bar. Will the next AG take on abusive police and push for necessary reform?
Historically, the state’s “top cop” isn’t an enemy of police. Democrats and Republicans alike usually run for the seat while projecting a “crimefighter” image. Most AGs get elected with help from law enforcement money and endorsements.
In this era of reform, however, the next AG must have the courage to regulate bad officers. Californians don’t want to defund the police, but they also don’t want their top political leaders acting as lapdogs for police lobbyists.
“I really would like a robust Department of Justice taking the lead on this issue to hold police accountable,” Kate Chatfield, senior legal analyst at The Appeal, a progressive organization, told Laurel Rosenhall of CalMatters.
No AG wants beef with the cops, but the next one may not have a choice. A new state law, Assembly Bill 1506, requires the AG’s to investigate police when they kill unarmed civilians. Becerra fought the bill by Assemblyman Kevin McCarty, D-Sacramento, but it passed last year with modifications.
With the California State Legislature considering a slate of new police reforms, the next AG has a chance to carve out a leadership role on an issue of great national importance.
Steinberg, who was thrust into the middle of the debate over police killings after Sacramento officers killed an unarmed 22-year-old named Stephon Clark in 2018, endorsed AB 1506. He also supported AB 392, the “Stephon Clark Law,” which changed the standard for when officers can use deadly force.
A longtime Newsom ally and friend of lobbyist Jason Kinney of French Laundry fame, Steinberg is no favorite of Sacramento’s far-left crowd. That could be an asset in a statewide race where Republicans would try to paint the progressive mayor as a socialist menace.
Bonta, a strong supporter of police reform who co-authored AB 1506, is advised by Newsom’s own political team at BearStar Strategies. Bonta would also be California’s first Asian American and Pacific Islander AG. AAPI groups have called for Newsom to appoint Bonta or Liu — a request that has become more poignant amid rising hate attacks against Asians.
Newsom could also go with a career prosecutor in the mold of Kamala Harris. Becton and Schiff both have prosecutorial experience and progressive appeal.
Becton, the first Black woman to be elected district attorney in Contra Costa, opposes the death penalty. By choosing her, Newsom could make up for disappointing those who think he should have appointed a Black woman to replace Harris in the Senate.
Schiff, who has previously supported the death penalty, gained national prominence by prosecuting the impeachment case against Trump. In October, he had over $13 million sitting in his campaign account, so he can certainly raise money.
Ultimately, Newsom wants to pick someone with the political skills to keep the seat safe in Democratic hands.
“Every group has an opinion on what the next AG should prioritize,” said Andrew Acosta, a Democratic political consultant. “I would still think the governor needs to ensure that this person can win a statewide election. The wrong pick could unleash chaos.”
Facing headwinds, Newsom needs an ally who can help him navigate treacherous political realities — and who can win future elections.
This story was originally published March 19, 2021 at 5:00 AM.