After Heller and McDonald, we were not surprised to see the Supreme Court taking up Drake v. Jerejian. We don’t believe that the District Attorney should be filing amicus briefs on the issue – like Bonnie Dumanis did in Heller when she filed an amicus brief supporting DC’s (thereafter overturned) ban on keeping firearms in the home for self-defense. We can’t be certain of the ruling or scope of the Court’s review in Drake, and Peruta allowed individuals to have a CCW without “good cause.” Therefore, this is the current state of the law. As District Attorney, Bob Brewer is committed to enforcing the law.That is probably as good as I was going to get from an attorney running for public office. I appreciate that he wouldn't file amicus briefs against 2nd amendment challenges. Certainly the reference to Peruta v County of San Diego is good; still, I was hoping for a more robust defense of the 2nd amendment in the response; but certainly better than Dumanis.
Showing posts with label district attorney. Show all posts
Showing posts with label district attorney. Show all posts
Saturday, May 10, 2014
Update From Bob Brewer Campaign on Handgun Issue
I asked the Bob Brewer for DA campaign what the candidate's position was with regards to Drake v Jerejian, which revolves around requirement by the state of New Jersey that permitted handgun owner show "justifiable need" to be issued a permit to carry in public. I did so because one of my beefs with Bonnie Dumanis during her tenure as DA was signing an amicus brief asking the courts to deny an individual right to bear arms in Heller v District of Columbia. Drake v Jerejian was being considered by the Supreme Court at the time I asked the question, but has the petition to hear the case was subsequently denied. Regardless, here is Bob Brewer's campaign manager's (Alex Roth) response to my query:
Thursday, May 1, 2014
San Diego District Attorney's Race - Can Brewer Close the Deal?
Bonnie Dumanis ran unopposed in her last run for District Attorney; this year she faces opponents Bob Brewer and Terri Wyatt. I am unhappy with Dumanis, but not ready to endorse an opponent. First my airing of grievances against Dumanis.
- Prior to running for mayor, Dumanis had the opportunity to make her voice heard on Proposition D, the half-cent sales tax increase; she demurred. Carl DeMaio's strong support stood in stark contrast and was a key element in my support for his mayoral bid.
- She joined an amicus brief against arguing against gun rights in DC v Heller. The argument presented was that we need to violate the 2nd amendment because it would harm our ability to prosecute gun related crime. I have zero sympathy for that position. Law enforcement that does not take seriously upholding citizen's rights while enforcing the law sets precedents for tyranny.
- Her prosecutions in the area of medical marijuana have not helped San Diego normalize this situation. Further, her office claimed that a number of arrests were to protect military families when in fact they were medical marijuana patients. Further, she appears vindictive in her attitude towards the "crime" of medical marijuana use. I have been made aware by family members and by a doctor of how medical marijuana can be helpful to people suffering.
In short, Dumanis appears to act with disdain towards the subjects citizens who elected her. In fact, she has held office for too long; it's not healthy. In general, I believe in term limits.
Of Dumanis' challengers, I am less sympathetic to the candidacy of Terri Wyatt. Her case is that she is a career prosecutor and not a politician. So what? The office is political. It should respond to the people. Part of the problem with Dumanis is her lengthy stay in office. Why would I expect a career prosecutor to be any more sympathetic to my concerns over individual rights than Dumanis?
But I am also not overwhelmed by what I see with Bob Brewer. His first TV ad touts law enforcement endorsements; I find the endorsements of public employee unions to be a negative. Bob Brewer is claiming that Dumanis' run for mayor in 2012 showed that she can no longer run the DA's office. I don't think that matters, unless he can show that this led to unethical behavior as DA. His pledge not to make endorsements as DA is more salient. The DA can easily be required to investigate the city attorney or mayor, and not having to recuse herself, as Dumanis had to with the Filner issues, would be a big plus. Brewer accuses Dumanis of cronyism in her operation of the District Attorney's office. This is hard to prove, although the U-T wasn't sympathetic early in her tenure. This issue with a researcher who endorsed a Dumanis opponent also looks fishy.
I am actually more sympathetic to Brewer's life experience as a Vietnam War veteran, prosecutor and then defense attorney. His varied career, and the personal hardship he has overcome make me more confident in his judgement.
I am still doing more research before I endorse.
Of Dumanis' challengers, I am less sympathetic to the candidacy of Terri Wyatt. Her case is that she is a career prosecutor and not a politician. So what? The office is political. It should respond to the people. Part of the problem with Dumanis is her lengthy stay in office. Why would I expect a career prosecutor to be any more sympathetic to my concerns over individual rights than Dumanis?
But I am also not overwhelmed by what I see with Bob Brewer. His first TV ad touts law enforcement endorsements; I find the endorsements of public employee unions to be a negative. Bob Brewer is claiming that Dumanis' run for mayor in 2012 showed that she can no longer run the DA's office. I don't think that matters, unless he can show that this led to unethical behavior as DA. His pledge not to make endorsements as DA is more salient. The DA can easily be required to investigate the city attorney or mayor, and not having to recuse herself, as Dumanis had to with the Filner issues, would be a big plus. Brewer accuses Dumanis of cronyism in her operation of the District Attorney's office. This is hard to prove, although the U-T wasn't sympathetic early in her tenure. This issue with a researcher who endorsed a Dumanis opponent also looks fishy.
I am actually more sympathetic to Brewer's life experience as a Vietnam War veteran, prosecutor and then defense attorney. His varied career, and the personal hardship he has overcome make me more confident in his judgement.
I am still doing more research before I endorse.
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