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News

Government

Nov. 8, 2018

State attorney general gains potential allies for lawsuits against Trump administration.

California Attorney General Xavier Becerra cruised to election for a full term Tuesday.


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BECERRA

Attorney General Xavier Becerra cruised to election for a full term on Tuesday. The result was expected — so much so that pollsters mostly ignored the race.

“I intend to continue to fight for and defend our 40 million fellow Californians, our values and our resources,” Becerra said in an election night press release. “We are the economic engine of America, creating more jobs and graduating more talented students from college than any other state in the nation. That’s worth fighting for — and winning.”

Becerra beat his Republican challenger, retired El Dorado County Judge Steven C. Bailey, by 22 points. This was a wider margin than fellow Democrat Gavin Newsom’s 18-point victory over Republican John Cox. These numbers could change slightly as the state finishes counting returns, but the outcomes won’t.

A key message pushed by Bailey and other critics was Becerra was wasting the state’s money — $9 million and counting — by fighting about four dozen legal battles with the Trump administration.

Becerra repeatedly promised on the campaign trail more battles with Trump were coming. On Wednesday morning, he released a comment letter he and 17 other attorneys general sent to administration officials, criticizing a June executive order seeking to undermine the 1997 Flores agreement, which governs the treatment of immigrant children in federal detention facing deportation.

He has often teamed with 21 other Democratic attorneys general across the country. and their numbers will increase by at least four following Tuesday’s election.

The result could be more legal troubles for the Trump administration but less workload for Becerra’s office.

House Democrats are also expected to start issuing subpoenas for Trump’s tax returns, information about the inner workings of his Cabinet agencies and other potentially sensitive material.

Becerra survived his biggest challenge in the June primary when outgoing Insurance Commissioner Dave Jones, a Democrat, failed to make the top two. Just 24 percent of voters in the state are registered Republicans, according to figures released by the California Secretary of State last month.

Becerra’s campaign spent $211,000 on attorney fees, largely to fend off multiple lawsuits. This included a challenge to his eligibility to hold the job filed by Eric P. Early, a prominent Los Angeles attorney who finished just behind Jones in the June primary.

Anyone who decides to take him on in a future state election will face a cash disadvantage. Becerra raised $7.2 million, about 14 times Bailey’s total. This includes $117,000 in just the first six days of November, much of it from law firms and labor unions. He has more than $1.8 million still in the bank, money he could spend in four years.

One question is whether Becerra would still want the job. At 60, the former 12-term U.S. representative is in his political prime, but he’s said on several occasions he’s well into the back half of his career. If Trump loses his reelection bid in two years, it could diminish the prominence of the job.

“I wouldn’t be surprised if he were a candidate for U.S. Senate or governor someday,” said former California Attorney General Bill Lockyer, now counsel with Brown Rudnick LLP in Irvine, when reached last week.

But barring a successful presidential bid by U.S. Senator Kamala Harris or Newsom, or an early health-related exit by newly-reelected 85-year-old Sen. Dianne Feinstein, neither job will become available for years. Last year, Harris moved $1 million she had left from her easy 2014 election into a Governor 2026 account.

State candidates also cannot shift money into federal accounts. This hindered Feinstein’s challenger, outgoing state Sen. Kevin de Leon, D-Los Angeles, who left up to $3.8 million sitting in state accounts while he struggled to raise money in the federal race.

Bailey also may have a political future in the state if he wants. Previously not widely known, he wrapped up early support from law enforcement and GOP groups. There is, however, the matter of the 11 counts of judicial misconduct filed against him in May by the Commission on Judicial Performance. Bailey has said the charges were politically motivated.

A decision on his guilt is expected in coming weeks.

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Malcolm Maclachlan

Daily Journal Staff Writer
malcolm_maclachlan@dailyjournal.com

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