(California Today)
Over the weekend, District Attorney Anne Marie Schubert announced that the Sacramento police officers who killed Stephon Clark would not face criminal charges.
Clark, 22, an unarmed black man, was shot last year in his grandmother’s backyard. Police officers fired their weapons 20 times in Clark’s direction within seconds of turning a blind corner. A New York Times analysis of video of the shooting found that the gunfire continued after Clark had fallen to his hands and knees.
“Was a crime committed? There’s no question that a human being died,” Schubert said Saturday in Sacramento. “But when we look at the facts and the law, and we follow our ethical responsibilities, the answer to that question is no.”
The announcement led to a new round of protests in the city, as well as renewed calls for justice from Clark’s family, including from his brother, Stevante Clark.
“I would like for the attorney general to prosecute the officers,” Clark said at a news conference. “I want justice and accountability.”
Attorney General Xavier Becerra is expected to release the results of his own investigation into the shooting soon and has previously said his office has the authority to bring charges, regardless of Schubert’s decision, according to The Sacramento Bee.
Becerra’s office has recently been involved in a range of high-profile issues.
He’s positioned his office at the forefront of California’s resistance against President Donald Trump’s policies, suing the administration more than 45 times.
And the tenure of his predecessor, Sen. Kamala Harris, has been scrutinized as she runs for president.
It’s a big job — and a clear launchpad for leaders with big political ambitions. (Harris’ predecessor? Jerry Brown.)
But what are the limits of the attorney general’s power? And does the office have a core mandate?
The Times asked David Carrillo, executive director of UC Berkeley’s California Constitution Center, about the job.
Essentially, he said, its charge is very broad.
“The office has a wide array of responsibilities under two broad categories: acting as the state’s lawyer, and as its highest law enforcement official,” Carrillo said in an email. The latter gives the attorney general some power over local prosecutors, sheriffs and police chiefs.
While he wouldn’t comment on any specific attorney general, Carrillo said that breadth of responsibility means whoever’s in the role sets his or her own legal priorities during the term.
In the case of PG&E’s bankruptcy, for instance, the attorney general has the power to file lawsuits or intervene in existing actions, including appearing on California’s behalf in a federal bankruptcy proceeding, Carrillo said.
If the attorney general believes it’s necessary, they can also take on any criminal investigations, refer matters to county prosecutors or convene a grand jury to consider any criminal matters. In the event of a conflict of interest, the attorney general could employ a special counsel to handle a prosecution.
Finally, Carrillo said, the sheer volume of issues the attorney general’s office deals with means that while battles with the federal government might be more attention-grabbing, they’re actually a sliver of the office’s caseload. In fact, he said, it was recently estimated that federal cases absorb about 1 percent of the departmental budget.
Nevertheless, Carrillo said it’s important for states to occasionally push back against the federal government.
“These conflicts happen frequently, across the nation, regardless of the party in power or era,” he said. “States should advance their citizens’ interests, and doing so is essential to maintaining the balance of power between the states and the federal government.”
This article originally appeared in The New York Times.