Libby Schaaf's Legal Quandary: Law Broken Or Not?

Elizabeth Beckman Schaaf, also known as Libby Schaaf, is an American politician who served as the 50th Mayor of Oakland, California from 2015 to 2023. Schaaf has been at the centre of several controversies during her tenure, one of which pertains to whether she broke the law. In 2024, Schaaf faced thousands of dollars in fines from the Oakland Public Ethics Commission for allegedly violating city election laws during the 2018 and 2020 elections. Schaaf was accused of secretly controlling campaign committees aimed at defeating incumbent city councilmembers and supporting certain ballot measures without disclosing her involvement. While Schaaf's attorney argued that she was acting on incorrect legal advice, ethics investigators maintained that her actions could be considered a pattern of illegal behaviour. The proposed settlements were set to be reviewed by the Public Ethics Commission in September 2024, with Schaaf facing potential fines totalling tens of thousands of dollars.

Libby Schaaf's warning of ICE raids

In February 2018, Oakland Mayor Libby Schaaf alerted residents to impending Immigration and Customs Enforcement (ICE) raids in the Bay Area. Schaaf defended her actions, stating that she was sharing information in a legal way, was not obstructing justice, and was ensuring that people were aware of their rights.

Schaaf's warning caused controversy, with some federal authorities criticising her actions. ICE accused her of endangering public safety and claimed that around 800 people avoided arrest due to the alert. Thomas Homan, ICE's acting director, stated that Schaaf's warning was "beyond the pale" and compared her action to a gang lookout warning people of an incoming police car. The Department of Justice (DOJ) also reviewed Schaaf's decision to determine if she had obstructed justice.

Schaaf responded to the criticism by stating that she did not receive information from official sources and did not reveal specific locations of the raids. She also accused the Trump administration of racism, arguing that they were trying to convince the American people that immigrants are dangerous.

Schaaf's actions highlight the tensions between local and federal authorities regarding immigration enforcement. As the Mayor of Oakland, Schaaf has demonstrated a commitment to social justice and protecting the rights of immigrants. Her actions in this instance reflect her values and priorities, despite the potential legal consequences.

Violations of city election laws

Former Oakland Mayor Libby Schaaf is facing fines of over $20,000 for violating city election laws. Schaaf, who is running for California State Treasurer, is one of several people under investigation by the Oakland Public Ethics Commission.

Investigators allege that Schaaf secretly controlled campaign committees that aimed to defeat incumbent city council members and a ballot measure. They claim that she failed to disclose her involvement, which is a violation of Oakland election rules. Schaaf's attorney claims that she was acting on incorrect legal advice and believed she was following the law.

The proposed settlement agreement lays out the allegations, which span from 2018 to 2022. During this period, Schaaf set up and controlled an independent expenditure committee that was used to defeat then-District 6 Councilmember Desley Brooks. She also secretly controlled a different campaign committee that supported Measure AA, a tax for education initiatives. In addition, Schaaf ran another independent expenditure committee that targeted a political rival, Rebecca Kaplan.

Schaaf and others who raised money and coordinated the campaigns are accused of several serious election law violations. These include receiving contributions from city contractors, using other committees to hide sources of money, receiving contributions over the legal limit, and making illegal in-kind contributions that went unreported.

The Oakland Public Ethics Commission has proposed several penalties for the various violations, which could total tens of thousands of dollars in fines.

Secret control of campaign committees

Libby Schaaf, the former mayor of Oakland, California, is facing fines of over $20,000 for allegedly violating city election laws. Schaaf, who is running for California State Treasurer, is accused of secretly controlling campaign committees that attempted to defeat incumbent city council members and influence ballot measures.

Investigators claim that Schaaf failed to disclose her involvement in these committees, which is a violation of Oakland election rules. They allege that Schaaf set up and controlled an independent expenditure committee that successfully targeted then-District 6 Councilmember Desley Brooks. Schaaf also allegedly controlled a different campaign committee that supported Measure AA, a tax for education initiatives. In addition, Schaaf is accused of running another independent expenditure committee that targeted a political rival, Rebecca Kaplan.

According to ethics investigators, Schaaf's actions could be considered a pattern of behaviour as similar activity was identified with three different committees. Schaaf responded by stating that she relied on advice from a consultant on what she was legally allowed to do and that her actions were motivated by a desire to improve Oakland and help its children.

The proposed settlements will be presented to the Public Ethics Commission for approval. If approved, Schaaf and others involved could face significant penalties for their roles in the committees.

Schaaf's defence of her actions

Libby Schaaf, the former mayor of Oakland, California, has been under investigation by the Oakland Public Ethics Commission for alleged violations of city election laws. Schaaf has defended her actions, stating that she believed she was following the law and that her intentions were to improve Oakland and help its children.

Belief that she was following the law

Schaaf's attorney stated that the mayor sincerely and reasonably believed that she was complying with the law. They argued that Schaaf's actions were motivated by a desire to improve Oakland and help the city's youth. This defence is based on the notion that Schaaf acted in good faith and relied on incorrect legal advice.

Free speech and transparency

In 2018, Schaaf alerted Oakland residents about imminent Immigration and Customs Enforcement (ICE) raids, stating that she was "sharing information in a way that was legal and was not obstructing justice". She believed that it was essential for people to be aware of their rights and to know their legal options, especially for families to stay together. Schaaf emphasised that Oakland is a sanctuary city, and her actions were in line with the city's values and commitment to protecting its residents.

Commitment to social justice and equity

Schaaf has a background in law and a strong commitment to social justice and equity. As a law student, she was involved in public interest work and later quit her job at a law firm to focus on public service. As the mayor of Oakland, she advocated for a higher minimum wage, affordable housing, and initiatives to support underserved communities. Her actions, including the warning about ICE raids, can be seen as an extension of her commitment to social justice and protecting vulnerable populations.

Opposition to Trump administration's policies

Schaaf's warning about ICE raids occurred during the Trump administration, which had taken a hardline approach to immigration enforcement. Schaaf's actions can be understood in the context of opposing the administration's policies and demonstrating solidarity with Oakland's immigrant community. Her defiance of the administration's functions endeared her to the more left-leaning wing of the Democratic Party, further positioning her as a champion for social justice and progressive values.

Emphasis on community safety

Schaaf argued that her warning about ICE raids was intended to keep families together and promote community safety. She believed that Oakland is safer when families are not separated and torn apart by deportation. By sharing information about the raids, she gave residents time to understand their rights and legal options, potentially reducing the impact of the enforcement actions.

Schaaf's political future

Libby Schaaf's political future is uncertain, given the ongoing ethics investigations and fines she faces for violating city election laws. Schaaf, the former mayor of Oakland, California, served from 2015 to 2023 and is currently running for California State Treasurer in the 2026 election.

Schaaf's political career has been marked by a commitment to social justice and public service. She has pushed for policies such as a higher minimum wage, affordable housing, and initiatives to support minority and low-income communities. However, her tenure as mayor also faced controversies, including the loss of major sports teams and criticism for alerting residents about imminent ICE raids, which some federal authorities deemed illegal.

The ethics investigations and fines against Schaaf could impact her political future. The Oakland Public Ethics Commission has recommended that Schaaf pay over $20,000 in fines for violating city election laws during the 2018 and 2020 elections. Schaaf has been accused of secretly controlling campaign committees, failing to disclose her involvement, receiving contributions from city contractors, and exceeding contribution limits, among other violations. These allegations have sparked investigations and proposed settlements, with penalties ranging from $4,500 to $87,450 for each violation.

While the investigations and fines are ongoing, Schaaf's political future remains uncertain. Her actions have drawn criticism and scrutiny, and the potential financial penalties are significant. However, Schaaf has defended her actions, stating that she believed she was following the law and that her intentions were to improve Oakland and help its citizens. It remains to be seen how these developments will impact her campaign for California State Treasurer and her broader political prospects.

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