CALIFORNIA, USA — Democratic gubernatorial candidate Xavier Becerra is weighing legal action against rival Tom Steyer’s campaign after a new attack ad suggested Becerra could be at risk of criminal indictment.
The ad, released Sunday by Steyer’s campaign, references a federal case involving Becerra’s former chief of staff, Sean McCluskie, and former advisor Dana Williamson. The two recently pleaded guilty in federal court to conspiring to siphon $225,000 from a dormant campaign fund for personal gain.
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When asked whether he had filed a lawsuit against Steyer’s campaign over the ad, Becerra said legal options remain under consideration.
“If we’re talking about that deceptive ad that lies about my record Tom Steyer put out, we were in touch with his campaign. I don’t believe we filed, but we continue to keep all legal recourse in mind,” Becerra said.
Becerra, one of the leading Democratic candidates for governor, said voters should be skeptical of campaign attacks.
“When you see these late last-minute hits that distort someone’s record, think twice,” Becerra said.
Becerra has not been charged with a crime and is not facing any charges.
On Saturday, an attorney for Becerra’s campaign sent a cease-and-desist letter to Steyer’s campaign demanding a retraction and threatening a lawsuit. Although no lawsuit had been filed as of Monday, Becerra said the possibility remains.
“We haven’t dropped any options that are on the table for us. Again, a lie is a lie,” Becerra said.
If a lawsuit is filed, Becerra could potentially have a viable case, according to Chris Micheli, an adjunct professor at McGeorge School of Law.
“California’s elections code actually specifies that a candidate who willfully and knowingly allows or directs a libelous or slanderous comment to be made can actually be liable financially for those statements,” Micheli said.
During an event at UCLA on Monday, Steyer was asked about Becerra’s legal threats and defended the ad.
“Look, going around the state, people have been worried that Xavier Becerra could get indicted after the fact, and that could throw this race in a bad way for Democrats. That’s all that ad says,” Steyer said.
On Sunday, Steyer’s campaign sent a letter to Becerra’s campaign rejecting the allegations in the cease-and-desist letter, encouraging legal action and saying it would make their day. A spokesperson for the campaign also said voters should be aware of questions being asked about what Becerra knew and when he knew it.
With the election approaching, it remains unclear whether the dispute will affect voters. Micheli said the outcome could influence how candidates use similar campaign attacks in the future.
“It could pave the way for whoever else is running in November to potentially use it or be prohibited from using a similar campaign attack,” Micheli said.
Again, Becerra is not facing any charges. McCluskie is facing five years in prison, while Williamson is facing up to 30 years in prison.
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