San Francisco Chronicle

Attorney general lays into Schaaf — she fires back

- By Kimberly Veklerov, Melody Gutierrez and Jill Tucker

Declaring “How dare you?” in a speech Wednesday in Sacramento, Attorney General Jeff Sessions ripped into Oakland Mayor Libby Schaaf, who is under Justice Department scrutiny for sounding the alarm ahead of a major immigratio­n crackdown, but did not say whether he is pursuing criminal charges against her.

Schaaf in turn accused Sessions of fearmonger­ing and spreading misinforma­tion and said former U.S. Attorney Melinda Haag has offered to represent her pro bono if Sessions and his department press charges.

The heated remarks on both sides came two weeks after U.S. Immigratio­n and Customs Enforcemen­t agents swept

across Northern California, arresting 232 people. Federal immigratio­n officials have said — and Sessions reiterated Wednesday — that Schaaf ’s warning helped 800 undocument­ed immigrants dodge arrests.

The question of criminal charges against the mayor remains open. The White House said last week that the Justice Department is reviewing Schaaf ’s Feb. 24 warning to the community that ICE was planning mass arrests. But in a speech during the annual meeting of the California Peace Officers’ Associatio­n, a network of law enforcemen­t agencies across the state, Sessions said nothing about his department’s review of Schaaf ’s actions.

Instead, he lashed out at the mayor, accusing her of promoting “a radical open borders agenda” and putting ICE agents in danger by alerting “criminals” in advance.

“So here’s my message to Mayor Schaaf: How dare you?” Sessions said. “How dare you needlessly endanger the lives of law enforcemen­t just to promote a radical open borders agenda.”

Schaaf retorted with her own “how dare you” riff hours later at Oakland City Hall.

“How dare you vilify members of our community by trying to frighten the American public into thinking all undocument­ed residents are dangerous criminals . ... How dare you distort the reality about declining violent crime in a diverse sanctuary city like Oakland, California, to advance your racist agenda.

“Oakland’s agenda is a thriving community. Trump’s agenda is bigotry and vindictive­ness.”

Schaaf denied Sessions’ assertions that she endangered law enforcemen­t officers.

“I did not intend to put the safety of law enforcemen­t officers at risk,” the mayor said. “I was very careful in not sharing any specific informatio­n about these ICE raids that might have endangered law enforcemen­t.”

In her warning, Schaaf said she had received confidenti­al tips from “credible sources” about the ICE operation. Schaaf said she had conferred with legal counsel to make sure she wasn’t opening herself up to federal prosecutio­n.

Schaaf said her warning was intended “not to panic our residents but to protect them.”

In defending her actions against a potential fight with the Justice Department, Schaaf now has not just the legal backing of City Attorney Barbara Parker — herself a former federal prosecutor — but that of Haag as well.

Former President Barack Obama appointed Haag to the U.S. attorney post for the 15county Northern District of California in 2010. During her five years in the job, she oversaw high-profile prosecutio­ns including the corruption case against San Francisco state Sen. Leland Yee. Prior to the role, in between stints in the private sector, Haag worked as a supervisor in the U.S. attorney’s office under its then-leader Robert Mueller, now special counsel in the Russia investigat­ion.

In his speech Wednesday, Sessions said Schaaf allowed “wanted criminals” to escape arrest when she said that immigratio­n agents were expected to be making arrests in the Bay Area as early as the next day.

He quoted Tom Homan, acting director of the Immigratio­n and Customs Enforcemen­t agency, as saying that “‘being a law enforcemen­t officer is already dangerous enough, but to give the criminals a heads up that we’re coming in the next 24 hours increases that risk.’ ”

Sessions repeated Homan’s statement that “ICE failed to make 800 arrests that they would have made if the mayor had not acted as she did.”

“Those are 800 wanted criminals that are now at large in that community — 800 wanted criminals that ICE will now have to pursue with more difficulty in more dangerous situations, all because of one mayor’s irresponsi­ble action,” Sessions said.

Schaaf said Sessions is “trying to distract the American people from a failed immigratio­n system by painting a racist broad-brush of our immigrant community as dangerous criminals.”

She called Sessions’ comments “consistent with this racist distractio­n and fearmonger­ing that others — newcomers, outsiders — are making our country less safe.”

She added, “It was not my intention to get caught up in a national debate, but I do believe that I am speaking for the residents of my city . ... The agenda of this administra­tion is petty political vindictive­ness. Clearly they are picking a fight with California, they are picking a fight with diverse sanctuary cities like Oakland and the people who lead them.”

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