by John M. Curtis
(310) 204-8700

Copyright November 8, 2003
All Rights Reserved.

aking heat for its relentless reports of groping facing Arnold Schwarzenegger, the Los Angeles Times buried the hatchet, accepting an overwhelming mandate from California voters on Oct. 7. Arnold beat his closer competitor Lt. Gov. Cruz Bustamante by a whopping 17%, grabbing 25% of Democratic voters, no small feat when you consider his GOP rival state Sen. Tom McClintock (R-Thousand Oaks) still pulled down a respectable 10%, putting Arnold's real margin at over 25%. Since exit polls called the election early on Oct. 7, the groping story seemed headed for the dustbin, until Atty. Gen. Bill Lockyer stepped out of line, telling reporters allegations should be fully investigated. Lockyer admitted that he told Schwarzenegger privately he intends to pursue uncorroborated allegations, some harking back 28-years, prompting a sharp rebuke for the governor-elect's transition team.

      Only a week before Schwarzenegger's inauguration, Lockyer told reporters that groping allegations were troubling and ought to be investigated. Yet since the groping stories first broke in the Times around Oct. 2, Lockyer had plenty of time to determine whether local authorities would pursue the charges. Los Angeles DA Steve Cooley has already signaled that he finds no basis for pursuing criminal complaints. Since local authorities—not the state attorney general—make that call, Lockyer's remarks seem conspicuously political, stealing headlines only days before Schwarzenegger gets sworn in. Adding fuel to the fire, Schwarzenegger spokesman Rob Stutzman told reporters that the governor-elect plans to hire an outside firm to investigate groping claims. “It surprised me that they reacted at all,” said Walt Stone, Chairman of UC Davis' political science department, stunned by Stutzman's remark.

      Lockyer's press conference occurred only one day after he met with Schwarenegger in private, telling the governor-elect he thought the groping charges should be investigated. Though mentioned as a possible Democratic candidate for governor in 2006, Lockyer didn't help his cause, showing incredibly bad judgment. Not only are groping allegations beyond his scope but violating Schwarenegger's confidence shows incredible immaturity. Since the matter was dropped by the Los Angeles DA, Lockyer's remarks reflect poor taste in the wake of a devastating Democratic defeat on Oct. 7. Before the election, Lockyer and state treasurer Phil Angelides closed ranks with Davis, refusing to run as back-up candidates. Dredging up the groping charges proves Lockyer hasn't accepted the outcome. Before he causes more damage, party leaders should clip back his wings.

      Caught with his pants down, Schwarenegger spokesman Rob Stutzman also didn't help matters accusing Lockyer of violating attorney-client privilege. There's no question that Lockyer violated Schwarenegger's confidence. But according to experts he didn't violate state laws related to attorney-client privilege. Confidentiality involves integrity and common sense. Insisting that Lockyer served as Schwarenegger's attorney Stutzman hurts his boss by amplifying the feud with attorney general. Stutzman should have never acknowledged that the governor intends to conduct his own investigation. Any finding by Schwarzenegger's own team would be automatically questioned. If Los Angeles DA found no grounds to proceed, that should have been enough for Lockyer. Arguing about whether Lockyer violated attorney-client privilege backfired by keeping a bogus controversy in the headlines.

      Before Arnold's sworn in as California's next governor, Lockyer should exercise better restraint and apologize for stepping out of line. Schwarzenegger should also reconsider his choice for spokesman, especially after Stutzman acted like a loose cannon. Both Lockyer and Stutzman share the immediate need of more training before shooting off their mouths. Accusations and counteraccusations escalate controversies, not put to rest frivolous remarks. “Mistakes like that—not knowing the relationship between the governor and the attorney general—are not a good thing for the governor that's trying to convince people that he's competent and knowledgeable,” said Bruce Cain, director of UC Berkeley's Institute of Governmental Studies, scratching his head watching Stutzman and Lockyer go after each other. Neither side helps its cause hurling accusations and venting in public.

      It's time for Atty. Gen. Bill Lockyer to admit he exercised bad judgment dredging up groping allegations about incoming governor Arnold Schwarzenegger. Since Oct. 7, the Los Angeles Times accepted the will of voters, who spoke volumes on Election Day. With all the published reports about groping, local authorities have not chosen to file criminal charges. It's not up to Lockyer to tell local officials how to do their jobs. Nor is it Lockyer's place to advise Schwarzenegger or his accusers on their legal options, including how to settle any remaining loose ends. It's also outrageous that a member of Schwarzenegger's staff makes promises about future investigations or engages in a public feud with the state attorney general. Until and unless local authorities choose to act, past allegations have no place in the public debate. Instead of lobbing bombshells before the inauguration, Lockyer should apologize and bite his tongue.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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