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Xavier Becerra Pushed to Inflate a Black Man’s IQ to Execute Him as California AG

Becerra, a front-runner for California governor, has a history of blocking police accountability measures and seeking to uphold the death penalty.

When leading California gubernatorial candidate Xavier Becerra was state attorney general, his office pushed the state Supreme Court to artificially inflate a Black man’s IQ in order to execute him. 

Following the lead of his predecessor, former California Attorney General Kamala Harris, Becerra’s office was battling a defense that argued Robert Lewis, originally sentenced to death in 1991, was ineligible for execution because he was intellectually disabled. Lewis’s attorney, Robert Sanger, told The Intercept that while individual attorneys general can’t control everything their deputies do, he was disappointed with how Becerra’s office handled the case. 

“I was kind of feeling like it would be a good time for the AG to say, ‘OK, we tried and he’s intellectually disabled. We got that determination made. Let’s just let it go,’” Sanger recalled. “Instead, it went all the way to oral arguments in front of the [state] Supreme Court.”

The effort failed: The Supreme Court of California overturned Lewis’s death sentence in 2018, and the state legislature overwhelmingly passed a measure banning the practice of adjusting IQ based on race in death penalty cases two years later. 

Becerra is now polling first in the crowded race to replace term-limited Democratic California Gov. Gavin Newsom. His campaign had at first lagged behind his opponents, but then-Rep. Eric Swalwell was hit with explosive sexual assault allegations — which he denies — and dropped out, and Becerra surged to the front of the field. He’s just ahead of Trump-backed Republican candidate Steve Hilton, followed by Tom Steyer, the hedge-fund billionaire racking up endorsements from progressive groups including Our Revolution and praise from the California chapter of the Democratic Socialists of America. 

In Lewis’s case, Becerra picked up where Harris left off; her office had been the first to ask the courts to artificially inflate Lewis’s IQ so the state could execute him. 

“On the one hand, he’s part of a long line of Democratic attorney generals who have taken this approach of, ‘It’s not my problem,’ not accepting responsibility for what their criminal attorneys are doing in court,” said Natasha Minsker, who leads the California Anti-Death Penalty Coalition, which helped push the bill banning the practice of race-based IQ adjustments for people on death row. “On the other hand, it just demonstrates where their true priorities and values are.” 

Prosecutor Floating Death Penalty for Nick Reiner Knows It’s an Empty Threat

Becerra has not taken a clear public position on the death penalty in his gubernatorial campaign, but his critics have raised concerns about his pursuit of executions at a time when his party was moving in the opposite direction. He has said he has “serious reservations” about the death penalty and voted for a 2016 state ballot measure to abolish it in California, where the state hasn’t executed anyone since 2006. Still, two years after his vote, Becerra’s office argued to execute Lewis. Though Newsom imposed a moratorium on capital punishment in 2019, Becerra fought to uphold death penalty sentences during the Covid-19 pandemic. And though he oversaw law enforcement for four years in California, a state that has significantly cut its prison population in recent years and adopted other reforms under pressure from activists, Becerra’s criminal justice record has not played a large part in his gubernatorial campaign. 

After serving as California attorney general, Becerra was named secretary of Health and Human Services during the Biden administration. His name........

© The Intercept