City Government

Oakland Voters Hit with Fake Polls and Negative Campaigning

Published

8 years ago

September 2, 2016

In the past week Oakland residents have been receiving an anonymous voter survey attacking Councilmember Rebecca Kaplan and falsely claiming that one of her opponents for the at-large city council seat—Peggy Moore— has the endorsements of two prominent local lawmakers.

The email, which was sent out to hundreds of Oakland voters last week and commissioned by Moore’s campaign, contained a list of questions asking how compelling each statement was as a reason to vote for Moore, who until Aug. 12 was Mayor Libby Schaaf’s senior special advisor.

The survey stated that two popular East Bay political leaders, Congresswoman Barbara Lee and Assemblyman Tony Thurmond, had endorsed Moore.

Both Lee and Thurmond have confirmed to the Post that they are not supporting Moore.

Some of the statements presented negative remarks against Kaplan, such as one that says “she has few real accomplishments to show from her 15 years as a politician.”

“This campaign move against me is full of lies, including using wrongfully the names of two of the most prominent elected officials,” said Kaplan in an interview with the Post. “How dare they send this out and not put their names on it.”

A number of political observers characterized the survey a “push” poll, criticized as a dishonest form of political campaigning, which is frequently anonymous. Posing as a political poll, this kind of survey asks questions skewed in favor of one candidate or side of an issue and maligns the opposing candidate or side.

In an interview with the Post, Moore said her campaign paid for the survey and that it was intended to help her campaign find messaging that would best help promote her candidacy for City Council.

“We commissioned to have the poll sent out but it was written incorrectly,” said Moore.

“(The endorsements) were a misprint and totally the wrong question, (which) was intended as a hypothetical,” she said.

Explaining why the email poll did not inform the public that it was sponsored by her campaign, Moore said, “We didn’t do anything unconditional or out of character” for these kinds of polls.

Moore’s campaign has since sent out clarifying emails to those who responded to the survey.

Meanwhile, in at least two other local election campaigns, Oakland voters have been contacted via phone by anonymous voter surveys that pose as research polls and oppose the renter protection measure and District 5 School Board incumbent Roseann Torres.

According to several participants, one phone poll appeared to seek voter opinions on Measure JJ—the renter protection ballot measure—but presented opposing arguments to passing rent control in Oakland and asked if they were compelling enough reasons to vote against the measure.

Jahmese Myres, campaign director for East Bay Alliance for a Sustainable Economy (EBASE), told the Post she received the call and assumes that whoever commissioned the survey is doing research about what negative messages will most resonate with voters.

“It’s certainly not a surprise but we live in a city with 60 percent renters that values folks being able to stay in their communities and values diversity,” Myres said.

“I’m sure that the voters will support Measure JJ, despite this heavily paid-for opposition campaign,” she said.

Sources also told the Post that another anonymous phone survey attacking School Boardmember Torres and supporting her opponent, Huber Trenado, who is backed by Great Oakland (GO) Public Schools, was making the rounds in Oakland.

The poll distorted Torres’ history as an attorney and dishonestly said she showed up late to school board meetings, according to Torres’ campaign.

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Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

Published

18 hours ago

November 1, 2024

Oakland Post

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Evidence Appears to Show Cover-Up of Previous Charges of Discrimination Against Jewish and Black Jurors, D.A. Says

Today, District Attorney Pamela Price announced that attorneys assigned to review the office’s death penalty cases found evidence revealing that instead of investigating claims of prosecutorial misconduct—excluding Jewish and Black residents from juries — a former senior Alameda County District Attorney’s Office prosecutor who is now a sitting judge in Alameda County, Morris Jacobson, and a team of investigators appeared to have taken part in covering it up.

Published

5 days ago

October 28, 2024

Oakland Post

A handwritten note by an employee under a previous administration appears to show plans for a cover-up of jury discrimination in a death penalty case. Courtesy image.

Special to The Post

During a press conference, Price presented a copy of a handwritten note by a former DA office employee who attended a meeting with employees from the office.

Jacobson, a deputy district attorney at the time, led the meeting in preparation for an evidentiary hearing ordered in the Fred Freeman case.

That hearing was ordered after former capital trial prosecutor Jack Quatman, the prosecutor in People v. Freeman, signed a declaration revealing that he and other capital case prosecutors routinely struck Black women and Jewish jurors in death penalty cases.

Jacobson was assigned by former district attorneys Tom Orloff and Nancy O’Malley to coordinate the ACDAO’s response during the evidentiary hearing.

In that capacity, he and others assigned to the capital case team went to great lengths to distract the courts from the substantive legal allegations by besmirching the whistleblower Quatman’s character and credibility—a strategy that succeeded.

Key sections of the note include, “left it w/ Morris saying he would give us direction. Wants to find dirt on Quatman,” and “How good are your memories? His point was he doesn’t want any documentation of what we do unless it is agreed upon???”

“This note provides the public some of the missing clues regarding who appeared to be involved during previous administrations in covering up prosecutorial misconduct at the Alameda County District Attorney’s Office,” said Price. “The note from this meeting in 2004 gives insight into why prosecutors’ notes containing evidence of discrimination against potential Jewish and Black jurors may not have been subjected to a comprehensive review and were not disclosed to the Court in most of the cases until my office was ordered by Honorable Judge Vince Chhabria to review death penalty cases.

“What the public should know is that prosecutors have special duties as ministers of justice to uphold the Constitution, which guarantees the right to a fair trial and to be judged by a jury of one’s peers, regardless of race, religion, or sexual orientation,” she said.

United States District Court Judge Chhabria determined earlier this year that there was “strong evidence that, in prior decades, prosecutors from the office were … excluding Jewish and African American jurors in death penalty cases.”

He subsequently issued an order directing ACDAO to disclose jury selection files in all Alameda County cases which resulted in a death sentence.

The Alameda County District Attorney’s Office is the source of this story.

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In the City Attorney Race, Ryan Richardson Is Better for Oakland

It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney. Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

Published

5 days ago

October 28, 2024

Oakland Post

Members of Oaklanders Defending Democracy political action committee with Oakland Mayor Sheng Thao, center. Courtesy photo.

By Margaret Rossoff

Special to The Post

OPINION

Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

Richardson has worked in the Office of the City Attorney since 2014 and is likely to continue current City Attorney Barbara Parker’s policies managing the department. He has committed not to accept campaign contributions from developers who want to store and handle coal at a proposed marine terminal in Oakland.

Retired Judge Harbin-Forte launched and has played a leading role in the campaign to recall Mayor Sheng Thao, which is also on the November ballot. She has stepped back from the recall campaign to focus on her candidacy. The East Bay Times noted, “Harbin-Forte’s decision to lead the recall campaign against a potential future client is … troubling — and is likely to undermine her ability, if she were to win, to work effectively.”

Harbin-Forte has refused to rule out accepting campaign support from coal terminal interests or their agents. Coal terminal lobbyist Greg McConnell’s Independent Expenditure Committee “SOS Oakland” is backing her campaign.

In the 2022 mayor’s race, parties hoping to build a coal terminal made $600,000 in contributions to another of McConnell’s Independent Expenditure Committees.

In a recent interview, Harbin-Forte said she is open to “listening to both sides” and will be “fair.” However, the City Attorney’s job is not to judge fairly between the City and its legal opponents – it is to represent the City against its opponents.

She thought that the 2022 settlement negotiations ended because the City “rejected a ‘no coal’ settlement.” This is lobbyist McConnell’s narrative, in contrast to the report by City Attorney Barbara Parker. Parker has explained that the City continued to negotiate in good faith for a settlement with no “loopholes” that could have allowed coal to ship through Oakland – until would-be coal developer Phil Tagami broke off negotiations.

One of Harbin-Forte’s main priorities, listed on her website, is “reducing reliance on outside law firms,” and instead use the lawyers working in the City Attorney’s office.

However, sometimes this office doesn’t have the extensive expertise available that outside firms can provide in major litigation. In the ongoing, high stakes coal litigation, the City has benefited from collaborating with experienced, specialized attorneys who could take on the nationally prominent firms representing the City’s opponents.

The City will continue to need this expertise as it pursues an appeal of the judge’s decision that restored the developer’s lease and defends against a billion-dollar lawsuit brought by the hedge fund operator who holds the sublease on the property.

Harbin-Forte’s unwillingness to refuse campaign contributions from coal terminal interests, her opposition to using outside resources when needed, as well as her uncritical repetition of coal lobbyist McConnell’s claim that the City sabotaged the settlement talks of 2022 all raise serious concerns about how well she would represent the best interests of Oakland and Oaklanders if she is elected City Attorney.