Spitzer Implies #NoLawfulAssemblyInOC!

Bring forth the evidence against Hardin, Mr. Prosecutor, or be found guilty of aggravated bullshittery!

I didn’t think that Todd Spitzer would like be as good of a DA as his campaigning suggested he would be in 2018, and I’d like to believe that he wouldn’t be as bad of a DA in his second term as his current behavior suggests, but it is getting harder to think otherwise. My best guess as to why Spitzer seems to be going bullfrog loony is that his internal polls must show him either in a tight race — or actually behind and he’s desperate and freaking out.

And look: Spitzer has both my phone number and Vern’s. If he wants to present his data showing that he’s somewhat, or comfortably, or even wildly ahead, he can produce it. But there’s something else I’d like him to produce first.

I challenge Todd Spitzer to produce any evidence that Pete Hardin sent (Spitzer says “sicced”) people (whom Spitzer calls “a mob”) to a Spitzer campaign rally (and look at the photo and I don’t think you can call it anything else but that) “to harass, intimidate, and silence” “mothers of murdered children.”

I’d also like him to explain whether he thinks that protesters at a candidate’s political rally, simply by dint of there being there and making noises of protest, are “harassing, intimidating, and silencing” participants in the rally. Presuming that he doesn’t think that their mere presence meets this standard — and let’s bear in mind that Spitzer is allowing people to threaten various school boards with violence with impunity for trying to impose public health measures at schools, or at least at meetings — then what does he think that this crowd did that constituted harassment? What constituted intimidation? What constituted silencing them?

I don’t even dispute that “harassment” and “intimidation” is possible — again, we’re seeing it at school board meetings, we’ve seen it in anti-mask/vaccine rallies in Huntington Beach. And “silencing” is certainly possible, as in the case of a “heckler’s veto” where jeering and chanting crowds drown out a speaker. (Did that happen here?)

It seems to me that Spitzer is saying that the presence of protesters — not of the mothers of dead children, but of Spitzer himself, who is apparently “hiding behind their skirts” — at a political rally where, at Spitzer’s request, these mothers are telling their stories in order to help Spitzer get re-elected, is not only disrespectful towards them, but actually puts them in a position of being assaulted (harassing and intimidating) and denied their rights of free speech.

If that’s what Spitzer thinks, he should have the courage of his convictions and bring charges against the protesters at his campaign rally for their actions the mothers of murdered children! But he won’t do that, because he knows that the whole charge is arrant bullshit. These mothers have made themselves available to him as campaign advocates! If he thinks that they couldn’t stand the foreseeable heat of protests (of Spitzer, not of them) at the rally, then he should not invite them to the rally! They can speak on video if the experience of facing protesters is too frightening or painful!

What scares me is that — by calling protesters a “mob” that have been “sicced” like dogs to “intimidate” and “harass” — he implicitly argues that people should not be able to protest at his rallies, so long as he has the mothers there as his human shields.

That is, in essence, moving from “#NoLAinOC” to #NoLawfulAssemblyInOC — and we can’t have that.

But that’s only half of the problem.

Spitzer alleges that these people didn’t just show up to protest him, but that they were sent by Pete Hardin with a mission of harassing, intimidation, and silencing of the mothers of murdered children.

I don’t want to start by asking whether he has a shred of evidence for this. I want to ask whether the level of evidence he has for this is the equivalent to the level of evidence that his agency uses in criminal complaints.

If not, why not? If so — well, that’s the sort of admission that defense lawyers would love to hear.

OK, NOW I want to ask what evidence Spitzer has that Hardin dispatched people to protest this rally at all — and, if so, whether he dispatched them to harass and intimidate the mothers, or simply to protest Spitzer — who, by any measure, is fair game for such criticism — without their even knowing or caring that these mothers would be there.

DA Spitzer should keep in mind that OC has voted against Trump twice now — and that he’s not doing himself any favors by evoking the former President with wild accusations and fake claims of persecution. All he’s doing is increasing Democratic turnout in the primary.

The weird thing is that Spitzer doesn’t have to do this. He could simply and calmly run on his record of managing the DA’s Office. He has a viable case to make for re-election, especially if any of his more serious accusations of Hardin’s serious wrongdoing pan out.

I presume that Spitzer is rattled by the allegations in Voice of OC and coverage in the OC Register about harassment within the department by his wife’s good friend and his own Senior District Attorney Gary LoGalbo, as well as the recent reinstatement of former supervising investigator (and Spitzer accuser Damon Tucker; if so, it’s not surprising that he is doing his best to change the subject. But for the love of (the other) Pete, he doesn’t have to do so in ways that undermine the right to freedom of assembly, and he doesn’t have to make accusations that he can’t back up!

Spitzer may well have a useful campaign tactic in attacking “woke” prosecutors like LA’s George Gascon, though I’m going to keep on asking what part of “woke” he finds so offensive. (We’ll go over “wokeness,” starting from Miranda rights and the right to counsel and moving on from there, in some future post.) If Spitzer is against any police accountability, for example, he can go proudly campaign on it! But this sort of accusation against Hardin for supposed engineering an assault on a Spitzer campaign rally — something that Spitzer is more than capable of eliciting himself — is just going to make him look unhinged, and that’s the real danger for his campaign. To quote another famous Orange County politician, going off like that is “handing his critics a sword.” He — or anyone advising him — should know better.

So, Who Here Attended the Rally?

Meanwhile, I’m betting the some of the people who attended, and maybe even organized (if it was organized, rather than just being a lot of people who had heard about the rally and independently decided to protest it) the rally to speak up here. (Please, it’s much more effective if you use your own real names,) Did you get any orders or requests from Pete Hardin? If so, what were they? Were you supposed to make the mothers of the murdered feel awful and fear for their safety? Is that what you think happened at the rally? We could use your testimony here! Leave it in comments or send it to Vern at his Gmail address, vernpnelson, if you prefer.

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)