During Kamala Harris’ ‘ campaign for San Francisco district attorney in 2003, her team distributed mailers highlighting her qualifications as a prosecutor, emphasizing her “thirteen years of courtroom experience.”
The mailers, which ABC News has obtained, depict Harris as “the veteran prosecutor we need to revitalize our District Attorney office” and assert that she has a “remarkable history of being an exceptional public prosecutor.”
“Kamala has handled a wide range of serious and violent felonies, which encompass cases involving homicide, rape, and child sexual assault,” the mailer highlighted.
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During her 2003 campaign for San Francisco district attorney, Kamala Harris sent out a mailer stating that she had personally handled numerous serious and violent felonies, such as homicide, rape, and child sexual assault cases.
Kamala Harris for District Attorney Campaign
During a debate leading up to Election Day 2003 on KGO Radio, Harris’ opponent at the time, Bill Fazio, a seasoned criminal defense attorney, accused her of deceiving voters regarding her track record as a prosecutor and deputy district attorney in Alameda County, California.
During the debate, Fazio posed a series of questions to Harris, inquiring about the number of cases she had handled and specifically asked if she could provide an example of a serious felony trial she had been involved in. Terence Hallinan, the San Francisco District Attorney at the time, was also present in the audio recording that ABC News obtained.
“I’ve had the experience of trying approximately 50 cases, Mr. Fazio, and it ultimately boils down to the concept of leadership,” Harris answered.
According to Fazio, he highlighted campaign literature in which Harris had been boasting about her extensive prosecutorial record.
Fazio questioned Ms. Harris about the information that is still available, stating that it is misleading and disingenuous. He emphasized that it shows a lack of leadership and trustworthiness, as she continues to promote the fact that she has tried hundreds of serious felonies.
Harris didn’t argue with Fazio’s claims but instead redirected the conversation. She emphasized her experience in leadership and working with various communities as a career prosecutor. Harris firmly stated that she, and not Fazio, has received endorsements from every law enforcement organization.
‘Tried’ versus ‘prosecuted’
Harris started her professional journey in Alameda County, handling cases related to child sexual assault, homicides, and robberies. Later on, in 1998, she assumed the role of managing attorney in the Career Criminal Unit at the San Francisco District Attorney’s office. In this position, she was entrusted with the task of supervising the prosecution of repeat offenders.
In 2000, Harris became the head of the San Francisco City Attorney’s Division on Families and Children. Three years later, in 2003, she decided to enter the world of politics by launching her campaign for district attorney.
During the 2003 debate, Fazio’s accusation against Harris did not have any negative impact on her campaign. In fact, she emerged victorious in the election, defeating Fazio and later winning a runoff against Hallinan. With an impressive 56% of the vote, Harris made history as the first person of color to be elected as the district attorney of San Francisco.
When questioned recently about Kamala Harris’ experience as a prosecutor before her tenure as district attorney, a representative from Harris’ presidential campaign provided a slightly different description of her record. They stated that she was “involved in” hundreds of cases.
According to James Singer, a spokesperson for the Harris campaign, Vice President Harris played a significant role in the prosecution of numerous serious crimes before her election as District Attorney of San Francisco. Singer emphasized that Harris had a strong track record in handling cases involving child sexual assault, homicides, and robberies during her tenure as a prosecutor in Alameda. Additionally, she later assumed the responsibility of overseeing the career criminal unit and served as the head of the division focused on families and children in the San Francisco District Attorney’s office.
According to Singer, what mattered to voters in San Francisco more than twenty years ago and the reason why she was elected District Attorney was that.
Harris’ 2003 literature stated that she had “tried” hundreds of cases, according to a version of the website ABC News was able to access through the Internet Archive’s Wayback Machine. However, other campaign literature at the time, including her campaign website, used the word “prosecuted” instead of “tried,” stating that she had prosecuted hundreds of cases.
According to experts, this distinction is significant, as ABC News mentioned.
“A prosecutor who is prosecuting a case indicates that they were the attorney handling a case in which someone faced charges. According to ABC News legal contributor Brian Buckmire, when a case is tried, it means that it is going to trial. Therefore, the number of prosecuted cases should be higher than the number of cases that have been tried, as there may be instances where a case does not go to trial due to plea agreements or dismissals. Nonetheless, all prosecuted cases are still pursued, whereas only cases that have gone to trial are considered tried.”
‘An effective prosecutor’
According to a source familiar with Kamala Harris’ time as California attorney general, it is believed that her campaign messaging in 2003 was an attempt to connect with a broader audience.
According to an anonymous source, the campaign aimed to convey that she had actively participated in legal proceedings, gathering evidence, conducting investigations, and presenting cases in court. The source mentioned that she had passionately advocated for victims in numerous cases.
According to a seasoned litigator in San Francisco who was familiar with Harris during her tenure as a line prosecutor in Alameda, near Oakland, the assertion that Harris “tried” hundreds of cases is misleading.
According to an anonymous litigator, when someone claims to have tried cases, it means that they have actually gone to the courtroom and presented their case in front of a judge or jury. This contradicts Kamala Harris’ statement from 2003 where she claimed to have “tried hundreds” of serious and violent felony cases.
According to Debbie Mesloh, who once served as a spokesperson for Harris’ 2003 campaign, the act of scrutinizing semantics becomes absurd when the ultimate goal is to ensure justice for crime survivors.
According to Mesloh, who later became Harris’ communications director in the San Francisco DA’s office, Kamala Harris possessed a wealth of experience in the courtroom, spanning over 13 years. As an accomplished trial lawyer and skilled team manager, she excelled in delivering justice for victims and effectively addressing the underlying causes of crime. Mesloh emphasized the importance of a prosecutor’s command of the law, sound judgment in charging decisions, empathy towards crime survivors, and respect for the bench.
Mesloh claimed that Kamala Harris’ success as a prosecutor and DA-led to her election as San Franciscans’ elected district attorney.
Fazio, who now supports Harris for president, had not heard the recording of the debate since the DA contest over twenty years ago. ABC News played the audio for him.
According to him, Harris had been overstating her record during her campaign, but he attributed it to the typical exaggeration that politicians often engage in.
According to Fazio, it is quite common for people to exaggerate their achievements when running for office. He mentioned that individuals often claim to have graduated summa cum laude or at the top of their class, even if it is not true.
Fazio reflected on the moment he confronted Harris, who is scheduled to debate former President Donald Trump on September 10th. He now acknowledges that Harris made the right decision by deflecting and not addressing the inconsistency in her campaign rhetoric.
Kamala Harris met with supporters in front of the 24th Street BART station during her campaign trail with Cruz Bustamonte on October 4, 2003, in San Francisco.
According to Fazio, when asked a question, the politician did not provide a direct answer. Instead, she focused on highlighting the importance of leadership. Fazio admits that one of his weaknesses as a politician was that he would answer questions honestly, without using them as opportunities to promote himself. He believes that the politician made the right choice by avoiding the question and emphasizing her leadership qualities.
Ever since taking over for President Joe Biden on the campaign trail, Harris has embraced her background as a prosecutor. This is a stark contrast to Trump, who was recently found guilty on 34 felony counts in his hush-money case and currently has several unresolved legal matters. Despite his denial of any wrongdoing, the former president plans to appeal his criminal conviction.
Harris’s campaign has emphasized her record as a prosecutor, highlighting her ability to secure convictions for murderers and abusers. This message has been reiterated in her television advertisements and campaign speeches.
“I have had the privilege of serving in various elected positions before becoming the vice president and a United States senator. I started my career as an elected attorney general and district attorney. Prior to that, I worked as a courtroom prosecutor,” the vice president has shared during her campaign. “In these roles, I confronted individuals who committed a wide range of offenses – from those who abused women to fraudsters who exploited consumers, and cheaters who disregarded rules for personal gain. Therefore, I can confidently say that I am familiar with Donald Trump’s character.”
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