biden administration

Xavier Becerra has spent nearly four decades in elected office. To some that speaks of extensive experience and a deep grounding in policy. To others, it smacks of political careerism and a long-term investment in the failed status quo.

Wired or tired?

It all depends on your perspective.

Becerra, a California native, emerged from the hothouse of Latino politics on Los Angeles’ Eastside. He was elected to the state Assembly in 1990, served 12 terms in Congress, was California attorney general and then, for nearly four years, ran the Department of Health and Human Services under President Biden.

It’s that latter stint that’s become a particular focus in the final days of California’s long and winding gubernatorial primary.

As Becerra surged from inconsequence to front-runner, opponents — led by chief Democratic rival Tom Steyer — have hammered Becerra’s performance in the Biden administration, suggesting he was AWOL during the COVID-19 pandemic and inept in his handling of unaccompanied migrant children, 85,000 of whom were supposedly “lost” on Becerra’s watch.

Politics is about persuasion and emotion, not rocket telemetry, so it’s not hard to figure out what’s going on.

“You look at Xavier and he seems to be perceived as a thoughtful, credible, trustworthy choice. That’s what I hear when I talk to regular people who aren’t political insiders,” said Darry Sragow, a Democrat strategist who’s spent decades running California campaigns. “So you see the people who want to take him out going after one of the words I just used here, which is ‘trustworthy’ and, to some extent, ‘credible.’”

A recent Steyer mail piece — which, naturally, features a grim-faced portrait of Becerra — accuses him of “mismanagement,” “scandal” and “incompetence,” and cites a 2024 quote from Susan Rice, a former Biden domestic policy advisor, describing the ex-Cabinet member as an “idiot.” (Apparently “bitch-a—,” another Rice epithet from the same Axios news report, was deemed unsuitable.)

The mail piece also quotes Xochitl Hinojosa, a Justice Department spokesperson in the Biden administration, saying Becerra “was not effective in government,” though several people who worked in the White House could not think of any occasion, or any reason, Hinojosa would have meaningfully interacted with Becerra.

Pretty weak sauce. But at least Hinojosa, who delivered her gibe on one of CNN’s talking-head shows, was willing to publicly attach herself to the criticism.

Six former Biden administration officials were quoted by Politico “reacting with a mix of incredulity, mockery and resignation” to Becerra’s sudden ascendance in the governor’s race. Critics also unloaded to NBC News and other outlets. All of them spoke anonymously.

Therefore, it’s impossible to discern their motivations. Jealousy? Ego? An attempt to stay politically relevant?

Or maybe Becerra was, indeed, a feckless, flailing and thoroughly awful Cabinet member, deserving of scorn and shame.

Ron Klain, who was Biden’s chief of staff during the first two years of his presidency, doesn’t believe so.

“I think he did an excellent job as HHS secretary and I think the record shows that,” Klain said, citing, among other accomplishments, Becerra’s work helping negotiate a drop in the price of prescription drugs and expanding healthcare coverage under the Affordable Care Act.

On COVID-19, Becerra “wasn’t confirmed until several months into the Biden administration. Dr. [Anthony] Fauci had been on the job and was quite a well-known figure to Americans. So, of course, he became more the face of the COVID response.”

“On immigration,” Klain went on. “Xavier’s part was small and discreet. He wasn’t the secretary of Homeland Security. He didn’t run the border. He oversaw an office called the Office of Refugee Resettlement” responsible for processing children who crossed the border alone. “I was in meetings where he was a passionate and forceful advocate for these minors,” Klain said.

Still, there are legitimate questions, notwithstanding Becerra’s deflections — Trump! MAGA! Trump! — about his handling of the migrant children, some of whom died, suffered horrible abuse or were catastrophically injured, according to revelatory reporting by the New York Times. It’s worth noting, however, that Becerra inherited a plan to deal with unaccompanied minors that was drafted and phased in by Rice and her Domestic Policy Council.

There is an unhappy history between the two; apparently Becerra was not alone in drawing Rice’s ire. In 2022, an article in the American Prospect accused her of creating an “abusive and dehumanizing workplace,” in which Rice routinely berated others, including the Health and Human Services secretary.

On social media, Rice has made no secret of her continued contempt for Becerra, a display that carries no small whiff of ax-grinding and score-settling. She highlighted the refusal of Biden’s Homeland Security chief, Alejandro Mayorkas, to endorse Becerra in the governor’s race, though it would be surprising if Mayorkas, Biden, Kamala Harris or any high-level Democrat picked a favorite in such a fiercely contested primary.

Becerra “had big things to do and he got them done,” said Neera Tanden, who succeeded Rice as head of Biden’s Domestic Policy Council and has vigorously defended Becerra against attacks on social media.

“I am not on or coordinating with the Becerra campaign,” Tanden said. “I just know these attacks are ridiculous.”

If Becerra makes it past Tuesday’s primary to the November runoff, his career merits careful scrutiny — and not just those years spent in the Biden Cabinet. Many voters are still getting to know Becerra, who is the likeliest candidate to be California’s next governor. Anonymous quotes, drive-by commentary and incendiary mailers may be standard campaign fare. But voters deserve better.

WASHINGTON — Acting Atty. Gen. Todd Blanche on Tuesday wouldn’t rule out the possibility that people who carried out violence during the Jan. 6, 2021 riot at the U.S. Capitol will be considered for payouts from a new $1.776 billion fund to pay individuals who believe they were targeted politically.

Pressed during a Congressional hearing over whether those who assaulted police officers would be eligible for compensation from the “Anti-Weaponization Fund,” Blanche responded that all people can apply if “they believe they were a victim of weaponization.” The acting attorney general also refused to say whether he would direct those responsible for deciding who receives payments — a commission whose members he is tasked with appointing — to restrict funds to those convicted of violence.

“What I will commit to is making sure that the commissioners are effectively doing their jobs, and that includes setting guidelines as you’re describing,” Blanche told Sen. Jeff Merkley, an Oregon Democrat. The decisions on payouts will be made a five-member commission appointed by the attorney general.

Appearing before Congress for the first time since taking the reins of the Justice Department last month, Blanche was peppered with questions about the fund announced on Monday to compensate those who believe they were mistreated by prior administrations’ Justice Department. Blanche said the fund was “unusual” but not unprecedented, adding that those who benefit will not be limited to Republicans or to people who were investigated or prosecuted by the Biden administration. At one point, Blanche said President Joe Biden’s son, Hunter — who faced gun and tax prosecutions under his father’s administration — could also apply.

Blanche defends $1.8 billion fund

Tuesday’s hearing was meant to address the Trump administration’s budget request for the Justice Department but quickly delved into other controversies that have escalated concerns about the erosion of the law enforcement agency’s tradition of independence from the White House. Blanche defended the creation of the fund without any acknowledgment that the Trump administration has pursued investigations of Trump’s political opponents, sparking criticism that the department is being weaponized in precisely the same way they allege it was under Biden’s administration to prosecute Trump.

In the weeks since assuming control of the Justice Department after Pam Bondi’s firing, Blanche has moved aggressively to advance the president’s priorities — pushing forward cases against Trump’s political foes, cracking down on leaks to media outlets and establishing the new fund to resolve Trump’s $10 billion lawsuit against the Internal Revenue Service over the leak of his tax returns.

Democrats described it as an illegal abuse of power designed to line the pockets of Trump supporters with taxpayer dollars. Sen. Chris Van Hollen, the top Democrat on the Senate appropriations subcommittee holding the hearing, blasted the move as a “pure theft of public funds.”

“Rewarding individuals who committed crimes is obscene,” the Maryland Democrat said. “Every American can see through this illegal, corrupt, self-dealing scheme.”

The fund is in keeping with Trump’s long-running claims that the Justice Department during the Biden administration was weaponized against him, even though then-President Biden himself was investigated during that time and his son was prosecuted. Merrick Garland, who served as attorney general during the Biden administration, has repeatedly denied allegations of politicization and has said his decisions followed facts, the evidence and the law.

Trump administration has been rewriting the history of Jan. 6

The mere possibility that violent rioters at the Capitol could be considered for payouts is consistent with a Trump administration pattern of rewriting the dark history of Jan. 6, a trend that began when the president pardoned and commuted the prison sentences of the participants in the melee and that continued with the Justice Department firing some prosecutors who put them behind bars.

Under questioning from Merkley, Blanche said that he “will definitely encourage the commission” responsible for deciding on the payouts to “take everything into account.” But when asked whether he believes those convicted of violence should be entitled to compensation, Blanche said: “My feelings don’t matter.”

When Merkley suggested that Trump was using the Justice Department to target his political enemies, Blanche replied that this was precisely the sort of “disgusting” behavior of the Biden administration that the fund was meant to address.

“That is completely inappropriate and wrong,’ Merkley said. “There is no comparison to the absolute fair minded pursuit of justice under the previous administration, and this administration’s pursuit of an enemies list.”

Questions over the meaning of ‘weaponization’

In announcing the fund Monday, the Trump administration did not name specific individuals who might stand to benefit from it. The money itself would come from the federal judgment fund, which pays out court judgments and compromise settlements of lawsuits against the government.

Blanche told lawmakers that the Justice Department is committed to “full transparency” in providing public information about beneficiaries of the new fund.

“It’s not limited to Republicans. It’s not limited to Democrats. It’s not limited to January 6th defendants. It’s limited only by the term weaponization,” Blanche said, though the administration has not said how it will define “weaponization.”

Meanwhile, there were signs of discomfort about the fund even among some Republican members of Congress. Senate Majority Leader John Thune told reporters that he’s “not a big fan,” adding that he isn’t sure how the administration intends to use it, but doesn’t “see a purpose for that.”

Thune’s comments come after Louisiana Sen. Bill Cassidy, who lost reelection in a GOP primary on Saturday, called it a “slush fund.”

“We are a nation of laws,” Cassidy said. “You can’t just make up things.”

Richer and Tucker write for the Associated Press. AP reporter Mary Clare Jalonick in Washington contributed to this report.

WASHINGTON — The Justice Department will adopt firing squads as a permitted method of execution as the Trump administration moves to ramp up and expedite capital punishment cases, officials said Friday.

The Justice Department is also reauthorizing the use of single-drug lethal injections with pentobarbital that were used to carry out 13 executions during the first Trump administration — more than under any president in modern history. The Biden administration had removed pentobarbital from the federal protocol over concerns about the potential for unnecessary pain and suffering.

The moves were announced as part of a broader push to step up federal executions after a moratorium under the Biden administration. Only three defendants remain on federal death row after Democratic President Biden converted 37 sentences to life in prison, though the Trump administration has so far authorized seeking death sentences against 44 defendants.

“The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers,” Acting Atty. Gen. Todd Blanche said in a statement. “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.”

The federal government has not previously included firing squad as a method of execution in its protocols, according to the Death Penalty Information Center. Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah.

The pentobarbital protocol was adopted by William Barr, attorney general during Trump’s first term, to replace a three-drug mix used in the 2000s, the last time federal executions were carried out before Trump’s first term in office.

Atty. Gen. Merrick Garland in the final days of the Biden administration withdrew the pentobarbital lethal injection policy after a government review of scientific and medical research found there remains “significant uncertainty” about whether its use causes unnecessary pain and suffering.”

In 2020, under Barr’s leadership, the Justice Department published a rule in the Federal Register to allow the federal government to conduct executions by lethal injection or use “any other manner prescribed by the law of the state in which the sentence was imposed.”

A number of states allow other methods of execution, including electrocution and inhalation of nitrogen gas.

The Trump administration, in a report released Friday, said the Biden administration “got the standard and the science wrong.” The Biden administration’s findings, among other things, “failed to address the overwhelming evidence” that a person injected with pentobarbital “quickly loses consciousness — rendering him unable to experience pain,” the report said.

Currently on death row are are Dylann Roof, who carried out the 2015 slayings of nine Black members of Mother Emanuel AME Church in Charleston, S.C.; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S history.

Richer writes for the Associated Press.