At today’s San Francisco federal court hearing, it seems that the US Department of Justice will face tough odds in a legal fight over its withholding $6.25 million from the San Francisco Police Department.
Last month, the city sued the DOJ, arguing the conditions it laid down to release the funds are illegal. The grant money is earmarked for new recruits to ease San Francisco’s police officer shortage, and for programs dedicated to supporting officer mental health. To get the funds, DOJ is requiring the SFPD to purge itself of diversity, equity, and inclusion policies; and to submit to the hundreds of executive orders President Trump has issued, as well as all such orders going forward.
At the hearing, US District Judge James Donato learned from lawyers representing both sides that judges in at least five similar cases have ruled against the DOJ, finding its ultimatums illegal. Donato asked the attorneys to send him those decisions, as well as rulings in other similar cases nationwide. Donato’s questioning of Jevechius Bernardoni, an Assistant US Attorney in San Francisco representing the DOJ, was particularly sharp
“I am going to want to know why, United States, five other judges in this district are wrong, and why I should do something different,” Donato told Bernardoni.
Donato was even tougher on Bernardoni when it came time to set dates in the case. DOJ originally told San Francisco it must comply with its demands by today to get the $6.25 million. DOJ agreed to extend its deadline to Jan. 9. But as Donato set arguments in the case for Dec. 18, he said his ruling will require careful deliberation, and that he didn’t want to rush it, or work over Christmas “while everyone else is sipping eggnog.”
When Donato suggested Bernardoni extend DOJ’s deadline to Jan. 23 giving San Francisco another two weeks the lawyer told the judge he wasn’t authorized to make the change, and that he’d have to ask his superiors.
“Don’t ask, because it’s going to happen one way or another,” Donato said. The judge warned Bernardoni that if the DOJ didn’t extend its deadline, the judge would do it himself with a court order. The detour would “not redound to the United States’ favor,” the judge said.
“I would prefer to use a carrot than a stick, and you’d prefer it, too,” Donato said.
