Search Results for ‘moonlight fire kamala’

Kamala Harris and the Moonlight Fire case

The burgeoning Moonlight Fire litigation scandal, which has already tarnished government agencies that include the California fire and forestry agency, the U.S. Department of Justice, and the U.S. Forest Service, could also raise questions for California Attorney General and Senate hopeful Kamala Harris. John Fund:

“The misconduct in this case is so pervasive,” [California Superior Court judge Leslie] Nichols wrote, “that it would serve no purpose to attempt to recite it all here.”

Nichols also didn’t spare the office of California Attorney General Kamala Harris, now a candidate for Barbara Boxer’s U.S. Senate seat and a national Democratic star. Nichols wrote that he can recall “no instance in experience over 47 years as an advocate and a judge, in which the conduct of the Attorney General so thoroughly departed from the high standard it represents, and, in every other instance has exemplified.” Judge Nichols then ordered the state to pay Sierra Pacific a whopping $32 million in damages and expenses. Cal Fire denies any wrongdoing, while the offices of Harris and Governor Jerry Brown aren’t talking.

In the mail: “Scorched Worth”: new book on Moonlight Fire/Sierra Pacific case

The Sierra Pacific/Moonlight Fire scandal developed after the state of California and federal governments combined legal forces to go after a forest products company seeking to recoup millions of dollars spent fighting a fire that they claimed the company helped cause. Over the course of the ensuing litigation, judges charged a California state agency with “egregious and reprehensible conduct,” blasted the office of then-California Attorney General Kamala Harris for less-than-professional conduct, and brought in question the conduct of the U.S. Department of Justice under then-AG Eric Holder. We covered the story here, here, here, here, here, here, and here.

Now a new book on the story by author Joel Engel is out entitled “Scorched Worth: A True Story of Destruction, Deceit, and Government Corruption.” The author has an excerpt in the Weekly Standard (“What happens when the government lies about you in court?”). Here’s a fuller description of the book, from publisher Encounter:

To effect just outcomes the justice system requires that law enforcement officers, prosecutors, and judges be committed—above all—to doing justice. Those whose allegiance is to winning, regardless of evidence, do the opposite of justice: they corrupt the system. This is the jaw-dropping story of one such corruption and its surprise ending.

On Labor Day 2007, a forest fire broke out in California’s eastern Sierra Nevada and eventually burned about 65,000 acres. Investigators from the California Department of Forestry and Fire Protection and the United States Forest Service took a mere two days to conclude that the liable party was the successful forest-products company Sierra Pacific Industries (SPI), founded as a tiny sawmill nearly sixty years earlier by Red Emmerson.

The investigative report on the fire declared that SPI’s independent logging contractor had started the conflagration by driving a bulldozer over a rock, creating a spark that flew into a pile of brush. No fire had ever been proven to start that way, but based on the report the U.S. Department of Justice and California’s attorney general filed nearly identical suits against Emmerson’s company. The amount sought was nearly a billion dollars, enough to bankrupt or severely damage it. Emmerson, of course, fought back.

Week by week, month by month, year by year, his lawyers discovered that the investigators had falsified evidence, lied under oath, fabricated science, invented a narrative, and intentionally ignored a mountain of exculpatory evidence. They never pursued a known arsonist who was in the area that day, nor a young man who repeatedly volunteered alibis contradicted by facts.

Though the government lawyers had not known at the start that the investigation was tainted, they nonetheless refused to drop the suits as the discovery process continued and dozens of revelations made clear that any verdict against Emmerson’s company would be unjust.

Scorched Worth is a riveting tale that dramatizes how fragile and arbitrary justice can be when those empowered to act in the name of the people are more loyal to the bureaucracies that employ them than to the people they’re supposed to serve. It’s also the story of a man who refused to let the government take from him what he’d spent a lifetime earning.

The book can be ordered here.

Kavanaugh hearings roundup

The hearings for Supreme Court nominee Brett Kavanaugh have wrapped up:

  • Ilya Somin on the nominee’s view of executive power;
  • “The attacks on originalism during the Gorsuch hearings were seen as failures—in the sense that they failed to persuasively portray originalism as outside the mainstream. Thus they were not widely repeated during the Kavanaugh hearings… ” [Michael Ramsey, Originalism Blog]
  • Sen. Kamala Harris (D-Calif.) took a quote in which Kavanaugh summarized the positions taken by litigants in a lawsuit, snipped off his “But they said” wording introducing the summary, and represented the remainder as his own position. Others followed [PolitiFact; Glenn Kessler, Washington Post “Fact Checker” (four Pinocchios); our earlier encounters with Harris on truancy laws and the Moonlight Fire case, and see also Elizabeth Nolan Brown]
  • Some critics charged Kavanaugh with not answering truthfully in several lines of questioning; David Lat responds with explanations regarding Judge Bill Pryor’s nomination, MemoGate, and NSA surveillance. Also, when you’ve lost Vox
  • I joined Newell Normand on WWL for a brief recounting of the week’s action and a look at what lies ahead (most likely, confirmation before month’s end);
  • Another overview of the four days: “Arguing about documents rather than Kavanaugh’s qualifications or his judicial philosophy has a political purpose.” [John McGinnis]

Police and prosecution roundup

  • Judge chides Montgomery County, Md. police for “unlawful invasion” of family’s home [my new Free State Notes post]
  • As more offenses get redefined as “trafficking,” state extends its powers of surveillance and punishment [Alison Somin on pioneering Gail Heriot dissent in U.S. Commission for Civil Rights report; Elizabeth Nolan Brown/Reason on legislative proposals from Sens. Portman and Feinstein] Proposal in Washington legislature would empower police to seize/forfeit cars of those arrested for soliciting prostitutes, whether or not ever convicted [Seattle Times]
  • Progressives and the prison state: “most of the intellectual and legal scaffolding of the contemporary American carceral system was erected by Democrats.” [Thaddeus Russell reviewing new Naomi Murakawa book The First Civil Right: How Liberals Built Prison America]
  • Here comes the next verbal conflation with negative implications for defendants’ rights, “traffic violence” [Scott Greenfield]
  • Please don’t pay attention to what goes on inside Florida prisons, it would only spoil your day [Fred Grimm, Miami Herald via Radley Balko]
  • Trouble in California: “U.S. judges see ‘epidemic’ of prosecutorial misconduct in state” [L.A. Times, Ronald Collins/Concurring Opinions, video from Baca v. Adams with Judges Kozinski, Wardlaw, W. Fletcher, earlier on California Attorney General Kamala Harris and Moonlight Fire case] But will Ninth Circuit’s strong words change anything? [Scott Greenfield including updates]
  • “Plea Bargaining and the Innocent: It’s up to judges to restore balance” [U.S. District Judge John Kane]