Kamala Harris – Myths and Fiction

False claims from the 2020 campaign for president which were made against then candidate Kamala Harris still linger in some parts of the internet and community. We cannot allow falsehoods to perpetuate against our candidate, against someone who has championed the best interests of our community. The following is based on research on the facts with links to the source.

Career Snapshot

Kamala Harris was a US senator for California from 2017 to 2021. She was the California state attorney general from 2011 to 2017. Before that she was the district attorney of San Francisco between 2004 and 2011. Harris attended Howard University and graduated in 1986 with a political science degree. She later attended University of California Hastings College of Law and graduated with a law degree in 1989. In 1990 she was hired as a deputy district attorney in Alameda County, California and in 1998 she was hired as an assistant district attorney in San Francisco.¹

Kamala Harris Opposed the 1994 Crime Bill

Some of these myths have origins within statements that claimed Harris was tough on crime. But Harris has always stated she is smart on crime. Harris became a prosecutor in a state that had a perceived crime rate that was out of control. Kamala campaigned as a reformer promoting progressive change for the criminal justice system. In those days her beliefs were ahead of their time and not widely understood. As part of this Kamala Harris objected to the 1994 crime bill².

Did Harris jail 1,500 Black men for marijuana

This likely originated on facebook in 2020. The source was a statement by Tulsi Gabbard during a presidential debate. But Gabbard lied. She took the number from an article in the Washington Free Beacon (a conservative paper) where it was claimed that 1,590 people were jailed for marijuana offenses in state prisons when Harris was Attorney General from 2011 to 2016. However, California does not break out these numbers by race.

Further the incarcerated rates gradually decreased over the same time period coinciding with Harris tenure. These types of crimes were prosecuted at the county level, not by Harris who was the state attorney general. The Black male population also remained roughly constant during Harris time as Attorney General.³ In 2011, twenty-nine percent of inmates were Black and in 2016 the percentage dropped to twenty-eight and a half percent.

Did Harris withhold DNA Evidence or Prevent DNA testing

At this same time, Gabbard also claimed Harris withheld evidence for two Black men who were on death row. Specifically saying that Harris blocked evidence that would have freed the two Black men. Further the New York Times⁴ also claimed Harris refused to allow DNA testing that would have exonerated these men.

There is no evidence to support any of these claims. The state attorney general does not control DNA testing in state prisons. It’s possible that personal defense lawyers for the men could have performed their own DNA test if that was a factor in their incarceration. There is also no evidence that a DNA test would have cleared these men. There is also no cited evidence that DNA tests were ever requested.

Did Harris jail a mother for failing to send her child to school

Kamala Harris as both a district attorney and then a state attorney general sought changes to bring more awareness to the problem of truancy and allow school districts to have more options to deal with the issue. The law passed by the State of California did not achieve all of her objectives. Harris advocated for change but was never part of the state assembly or senate. She acted as an advocate for change.

Further the accusations against Harris over the affects of the program are unwarranted. Harris was the state attorney when the law was passed and never prosecuted nor directed any local police or prosecutor to arrest or charge any parent. There were a series of articles regarding a mother named Cheree Peoples that included criticism of Harris but no mention of the school district or local prosecutors that would were in charge of her arrest.⁵ The article seemed to be a political smear of Harris as a national political candidate.

Does Kamala Harris support the death penalty

Harris has always spoken about her moral objections to the death penalty. Her position has never changed. In 2004 a California police officer was shot and killed. The prosecution, led by Harris, refused to seek the death penalty even as the police officers and support groups urged the option. This led to severe criticisms of Harris by police ever since this incident. Later in 2014 a CA court decision challenged the constitutionality of the states death penalty law. Progressives were disappointed that Harris’ office did not let the decision stand and instead argued the law. The decision by the judge was criticized for its reasoning and its effect on future law. Those opposed to the death penalty were willing to overlook this flaw in order to dismantle the death penalty legal status. However by upholding the language of the law it led to Harris ultimately preserving the death penalty at that time.⁶

Did Harris prevent non-violent prisoners in jail

The accusation is that the office of the state attorney fought to deny early release to prisoners for the benefit of free labor in the prison system.⁷ The jail system in California at this time was over crowded and the courts had ordered people to be released from custody. The accusations included the state being In contempt for not complying with the court order. Harris, as state attorney general, was responsible for defending the state. Harris did not oversee the jail system. Nor was her office responsible for the people in the jails, not the arrests or convictions.

A member of the prosecuting staff wrote in their brief that the state could not comply with the court due to the needs of California’s efforts to fight wild fires which relied on prison labor. When confronted with questions as to why this argument was presented to the court, Kamal Harris said she was unaware of this being presented, stating that she was not briefed by her staff prior to the court filing. She said she would investigate but to date has not made the results public or offered more of a reason for these actions.

There is no evidence that Kamala Harris prepared or directed this argument or legal basis as a court strategy. No one has suggested that Harris is in favor of continuing prison labor. Further, there is no evidence in the entire career that Harris has held any similar position or committed to any similar legal argument.

A direct quote from an article thought to be critical of Harris, “In her campaign for president, Harris has vowed to relieve mass incarceration and correct racial inequities in the justice system. As attorney general, she started implicit-bias training for law enforcement, and as district attorney she launched a program that enabled first-time nonviolent offenders to get their charges dismissed if they finished job training.”⁸

Conclusion

These are the accusations that have persisted throughout the time Kamala Harris has sought to be a candidate for the office of president. Some of these accusations were promoted by political rivals, some who identify as MAGA. Other accusations are from or were promoted by partisan political publications. However even in the accusations and the statements made by those making these claims there is nothing that ties Harris directly to doing what is alleged. These claims appear to be the typical set of what is called dirty politics.

Below are the sources for the reasoning above. Below are also two links to videos on the topic of Harris and reparations. Lastly further below there are additional links to articles on the above mentioned topics.

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