When Senator Kamala Harris is criticized for actions she took as San Francisco’s district attorney or as California’s attorney general, the Democratic presidential hopeful responds in two ways. She cites the most progressive aspects of her record, arguing that she’ll advocate in the White House for more reforms to the criminal-justice system. And she asserts that it is laudable to work for change from within broken institutions, “at the table where the decisions are made.”
She says very little, and nothing convincing, about some of the most serious charges against her, like that she fought hard to keep innocents in prison and failed to fight hard against corrupt cops.
If elected president, Harris seems as likely as any of her Democratic rivals, and far more likely than Donald Trump, to pursue a criminal-justice-reform agenda that overlaps with policies I favor as a civil libertarian. And I do not hold it against Harris that as a municipal and state official she enforced many laws that I regard as unjust. All the candidates now running for president will, if elected, preside over the enforcement of some laws that they and I regard as unjust.
But like her rivals, the reforms that Harris would sign into law as president would depend mostly on what Democrats in Congress could get to her desk. Far more important is how she would preside over a federal legal system and bureaucracy that is prone to frequent abuses. And her record casts significant doubts about whether she can be trusted to oversee federal law enforcement, the military, intelligence agencies, the detention of foreign prisoners, and more.