A Harris-Trump election would pit a former prosecutor against a convicted felon

Kamala D. Harris drew on her experience as a former prosecutor to attack Donald Trump in her first presidential bid in 2020, a message that drew little support in the Democratic primary because Harris, strapped for cash, ended her campaign before the first votes were cast.

Now that the Democratic Party is quickly rallying behind her after President Biden's abrupt withdrawal from the campaign trail on Sunday, Vice President Harris is rushing to make that argument again in the court of public opinion, this time against a recently convicted felon.

Speaking to staffers at campaign headquarters in Wilmington, Delaware, on Monday, Harris relied on the prosecutor's argument.

“I specialized in sexual abuse cases. Donald Trump was convicted by a jury of sexual abuse,” Harris said. “I took over one of the largest for-profit universities in the country and shut it down. Donald Trump ran a for-profit university, Trump University, that was forced to pay $25 million to students it had defrauded.”

In May, a Manhattan jury convicted former President Donald Trump of 34 counts of falsifying business records in a case related to his payment to an adult film star. He also faces three pending cases, including a state case in Georgia involving election interference and a federal case in Washington over Trump’s role in the events leading up to the deadly attack on the U.S. Capitol on Jan. 6, 2021. A third case, involving allegations of mishandling classified documents, was dismissed last week by a federal judge; a Justice Department special counsel has filed a notice of intent to appeal.

In the weeks since Biden’s faltering performance in the June 27 presidential debate that set in motion his eventual downfall, former advisers and people close to Harris — a former San Francisco district attorney and California attorney general — have said that taking on the role of chief prosecutor against Trump would likely be a key part of her message and appeal.

“She’s someone who can articulate the arguments against Trump clearly and forcefully,” said Jim Margolis, a senior adviser to Harris’ 2020 presidential campaign. “That’s the prosecutor in her. And she’s someone who, in a debate, can follow the conversation and forcefully counter, with no notes, just brainpower.”

Bakari Sellers, a former South Carolina state representative and longtime Harris supporter, said there is a clear distinction between Kamala Harris and what she stands for and her background and someone who has been convicted of 34 felonies and has multiple indictments still to go through.

Asked about the prospect of a prosecutor-criminal showdown, the Trump campaign linked Harris to the Biden presidency, saying Harris is responsible for everything from Biden's border policy to Bidenomics to a weak foreign policy that has led to war and chaos around the world.

No one has lied more about Joe Biden’s cognitive decline and supported his disastrous policies over the past four years than Kamala Harris, Cackling’s co-pilot, wrote Trump campaign spokeswoman Caroline Sunshine in a statement. As Biden bows to California liberals, Kamala Harris is one of them.

Sen. J.D. Vance (R-Ohio), Trump's new running mate, said in a statement Sunday that Joe Biden has been the worst president of my lifetime and that Kamala Harris has been there by his side every step of the way.

Harris made the prosecutor’s pitch during her failed 2020 campaign. Her slogan at the time, Kamala Harris, for the people, was the one she used to run in a California courtroom. And one of her major ads, which has since resurfaced and gone viral, explicitly contrasted her with Trump, with the narrator intoning: She prosecuted sexual predators; he was one. She closed for-profit colleges that were ripping off Americans; he was literally a for-profit college.

He tears us apart and he brings us together, the ad concludes, emphasizing that Harris is in every way the anti-Trump.

At the time, Harris had withdrawn from the Democratic primary before the first election, seen as a poor candidate who manipulated her staff members — a problem she also faced early in her tenure as Biden’s No. 2 — and who was unable to make her own case as well as her case against Trump.

In the wake of the police killing of George Floyd in Minneapolis in 2020 and a subsequent summer filled with Black Lives Matter protests, her experience as a tough-on-crime prosecutor has also become a liability among the most liberal members of her party.

Now, with nearly four years of experience as Biden’s vice president and a potential showdown with a real criminal, Harris’s allies are hoping the message will resonate more. Internal Biden campaign polling found that attacking Trump as a convicted felon is effective, one Harris ally said.

Her ability to pick apart an argument and understand both sides of an argument and then reconstruct it in a way that the average person can understand is an incredible skill, said Ashley Etienne, who served as Harris’ communications director in the vice president’s office. That’s the advantage she took from being a former prosecutor and how that translated into her role as vice president.

Appearing on CBS News' Face The Nation this month, Sen. Lindsey Graham (R-S.C.) anticipated that Biden would likely be replaced by Harris, offering a glimpse of her strengths — he described her as very vigorous — but also sharing a glimpse of how Republicans plan to attack her as being more left-wing than Biden.

She's for the Green New Deal. She's for Medicare for All. She's more like Bernie Sanders in politics, Graham said at the time.

Kellyanne Conway, Trump's 2016 campaign manager and confidant, said: “If Democrats had any confidence in Kamalas's competence, they could have traded for her a long time ago.”

Harris' allies say her image as a prosecutor should be viewed broadly, and they expect Harris to be a forceful advocate on issues such as reproductive rights, an area where Biden, an Irish Catholic, was more reticent, and an unchecked Supreme Court filled with three Trump appointees.

“She certainly does it on reproductive rights,” said Sen. Mazie Hirono (D-Hawaii). She can also defend what I would describe as an out-of-control Supreme Court and talk about how dangerous it would be for Trump to appoint more people to that court.

In the wake of the 2022 decision overturning Roe v. Wade, which established a constitutional right to abortion, it was Harris, far more than Biden, who toured the country energetically, defending women's right to make decisions about their own bodies.

“She’s going to be a much more vocal attack on abortion rights that are under threat in this country, and she’s also going to really explain, in an authentic way, why it’s so important,” said Nancy Zdunkewicz, founder of Z to A Research, a Democratic polling firm. “Kamala is a very good communicator on this issue, and that’s our most powerful attack.”

Abigail Disney, a filmmaker, Disney heiress and longtime Democratic donor, announced this month that she would withhold her donations to Democrats until Biden drops out of the race and suggested Harris would be a capable alternative. In response to emailed questions from The Washington Post after her announcement about her donation freeze, Disney hailed Harris as someone who has been grotesquely underestimated by a Democratic Party that has historically been less supportive of women of color in its ranks, even despite the loyalty with which women of color have supported them.

Some of Harris’s most notable moments came when she was the junior senator from California. From her seat on the Senate Judiciary Committee, she was applauded for her sharp questioning, with her pointed questioning of Supreme Court nominee Brett M. Kavanaugh and Attorney General William P. Barr going viral.

At the time, Trump described Harris' questioning of Kavanaugh during his confirmation hearing as unpleasant, saying she had done a horrible thing.

“I really enjoyed watching Bill Barr squirm,” said Hirono, who served on the Judiciary Committee with Harris. “She’s very tenacious. You can see the prosecutor in her. She’s very smart, she’s funny, she’s thoughtful, she’s witty.”

More recently, several Democrats have publicly and privately highlighted Harris’ comments this month at the Essence Culture Festival, one of the largest annual gatherings of Black women. Speaking about the Supreme Court’s ruling that Trump enjoys absolute immunity for core official acts of a president, Harris simplified the complicated subject by displaying what her allies consider a masterclass and explained why she believes a second Trump term, with him largely immune from prosecution, would be particularly dangerous.

The U.S. Supreme Court has essentially told this individual who was convicted of 34 felonies that he would be immune from the activity he said he was willing to engage in if he returned to the White House, she said, warning that Trump has bragged about his plans to use the Justice Department as a weapon against his political enemies and spoken of taking pride in taking away the most basic right of American women to make decisions about their own bodies.

That ability to communicate in plain English will be critical to a Harris candidacy, Etienne said, adding that the vice president will be at her best if she not only attacks Trump but also simultaneously offers a unified vision for the nation.

That's the fine line you have to walk, you can lean into him and throw out a lot of adjectives to describe him, but is that really going to broaden your support base? Etienne asked. People want to be inspired, and the adjectives about Trump are not inspiring. But asking myself who I want to be in the next 20 years and asking myself what kind of country I want to leave for my daughter can actually inspire me.

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