By Evelyn Letona Robles
Illustration by The Atlantic
In November 2024, a convicted felon rose to presidential power for a second term, plunging many Americans into a state of distress. The outcome was supposed to be different: Kamala Harris, a former California prosecutor and attorney general, would defeat one final felon to make history as the first woman president of the United States – a glass ceiling that Hillary Clinton could not break in 2016. The prosecutor vs. felon narrative appeared to be a powerful advantage for the Harris-Walz Campaign, and one that media outlets championed in the lead-up to the presidential election.
But Harris’s history as a prosecutor was not always depicted in a favorable light. How this depiction shifted and stayed the same can be traced through years of media coverage, revealing critical contexts and perceptions.
Harris worked as a prosecutor in Alameda County, California during the 90s and early 2000s before serving as San Francisco’s district attorney from 2004 to 2011. She was the first Black South Asian woman to hold this position, and made history again in 2011 when she became California’s first Black South Asian attorney general.1 In interviews and public gatherings, Harris spoke of this past with pride by explaining that she “took on perpetrators of all kinds,” including “predators who abused women, fraudsters who ripped off consumers, and cheaters who broke the rules for their own gain.”2 These pivotal moments in which Harris protected citizens and American institutions reflect her fearless commitment to public service.
But in 2019, the year that Harris announced her first campaign for president, media outlets began to heavily scrutinize her past as a prosecutor – a trend that gave rise to a new brand: “Kamala the Cop.” This more critical portrayal of Harris was defined in a Mother Jones article as an evaluation of her “record and rhetoric on criminal justice,” which included an “anti-truancy law” that threatened to prosecute parents of students who were late to school and “various failures to hold police and prosecutors accountable.”3
Shortly after Harris announced her presidential candidacy in January 2019, The New York Times published an in-depth analysis of her record, suggesting that her actions as a prosecutor were not always driven by a pursuit of justice, but rather by a calculated effort to align with public opinion, the political views of her peers, and the prevailing norms of the criminal justice system. A notable example discussed by media outlets was Harris’s decision to appeal a judge’s ruling that deemed California’s death penalty law unconstitutional – a move that contradicted her stated belief that the death penalty “discriminates against poor and Black people.”4 Although Harris justified the appeal by arguing that it “[undermined] important protections that courts provide to defendants,” her choice did not sit well with the public and remains a controversial part of her record today. At the time, The New York Times also ran an opinion piece highlighting the 740 men and women on California’s death row who would be affected by Harris’s appeal – reinforcing the “Kamala the Cop” brand while enabling media outlets to call out the contradictions between her stated beliefs and choices.5
Vox and Time Magazine are among the media outlets that scrutinized Harris’s record during this time. When Vox introduced Harris as a presidential candidate, they treated her past with skepticism, questioning how her prosecutorial experience would “fit into [her] larger progressive narrative.”6 Time Magazine expressed a similar sentiment, going further to express what many criminal justice reformers thought of Harris as a prosecutor: “cautious at best and hypocritical at worst, an ambitious pol who [wanted] to have it both ways and [lacked] the guts to pursue bold reforms.”7 This type of coverage did not alone lead to Harris’s downfall in late 2019 when she lost the public’s favor for president, but it certainly made a difference.
Tulsi Gabbard’s remarks at the second Democratic debate in 2020 were not helpful to Harris’s image either, since she claimed that Harris, in her role as prosecutor, “put over 1,500 people in jail for marijuana violations and then laughed about it when she was asked if she had ever smoked marijuana.”8 Gabbard’s criticism of Harris was met with “loud, raucous cheers and applause” that overshadowed the inaccuracy of her statements, which was briefly acknowledged in the NBC News article that covered the event.9 The New York Times also briefly addressed Gabbard’s comments in a fact-check of the debate, but both NYT and NBC News could have provided more details about the inaccuracies at hand that were affecting Harris’s reputation.10 The media’s focus on the sensational nature of Gabbard’s attack, rather than the historical context around Harris’s statements, helped reinforce the scrutiny surrounding Harris’s prosecutorial record.
In August 2019, the New York Times offered insight into the divided strategy around the prosecutorial angle of Harris’s campaign, noting that her team was “at war over whether [she] should embrace or downplay her record as a prosecutor.”11 This internal conflict was also described as a “dilemma that [her] campaign never resolved” and a reflection of Harris as “an uneven campaigner who changes her message and tactics to little effect.”12 This encouraged media outlets to depict Harris’s record as a hindrance to her campaign, making it difficult to balance her law enforcement record with her progressive identity.
When Harris exited the 2020 presidential race in December 2019, USA Today quickly pointed to California as a key factor in her downfall. Similar to other media outlets, the article discussed the inconsistency between Harris’s campaign message and her prosecutorial history. By drawing attention to her slogans “Kamala for the People” and “Justice is on the Ballot,” the article emphasized Harris’s challenges in aligning her criminal justice record with her campaign vision.13 And while it revisited the theme of hypocrisy that other media outlets had pointed out in Harris’s contradictory beliefs and actions, the article also presented an overarching idea: that Harris’s prosecutorial record was inherently flawed and inconsistent with the progressive candidate she wanted to be.
The scrutiny of Harris’s record continued even after President Biden selected her as his vice president in April 2020. While many celebrated the rise of the first Black South Asian woman to be nominated for such office, Forbes in short words reported that “Biden [had] picked a cop,” discussing the disappointment among party members and politicians who did not approve of Harris’s law enforcement background, especially in the wake of the Black Lives Matter movement which sought to mitigate police brutality and over-policing of communities.14
Even in the months leading up to 2024 presidential election, once Harris had replaced President Biden on the ballot, CNN and other news outlets continued to revisit the controversy surrounding her record. The above video from CNN critiques Harris for “flip-flopping” as a progressive and attempting to balance her role as a “top cop” with the political interests of her law enforcement colleagues. This perspective aligns with a similar segment produced by NBC News in July 2024, which concluded that Harris’s past as a prosecutor would inevitably hurt her presidential bid.15
Ultimately, what has stayed the same about media response to Harris’s record is the persistent framing of her prosecutorial history as a liability that clashes with her progressive identity. This narrative of inconsistency and perceived hypocrisy — rooted in skepticism about her motivations and priorities — has remained a dominant theme in media coverage, making it difficult for Harris to fully reconcile her prosecutorial past.
Regardless of the well-intentioned nature of Harris’s controversial decisions as a prosecutor, they represent a past that many feel cannot be undone or compensated for by her current commitment to progressive reforms. So when history cannot be hidden or altered, the only option left is to reframe it.
This reframing was grounded in the emergence of the prosecutor vs. felon narrative, which despite not gaining Harris a presidential win, made a compelling argument in favor of her strengths — including the toughness and fearlessness that many Americans wanted to see in a president. A more positive embrace of her record was evident during the DNC Convention in August where she made one idea clear: that her “past as a prosecutor [would] be an asset in the race.”16
At the time, Time Magazine addressed the significance of the “counter-narrative” — referring to the Democratic Party’s response to growing public concerns about crime and immigration.17 The media reframing of Harris’s record became a key part of this counter-narrative, re-introducing Harris as a leader who would be just as tough on national security and citizen protection as she had been as a prosecutor. This approach made her “tough-on-crime” image more defensible, making it a reflection of her dedication to her work and the safety of her constituents.
Another key point highlighted by Time Magazine in their coverage of the DNC Convention, and one that was central to the reframing of Harris’s record, was the rise of Trump’s multiple criminal charges and the hypocrisy of his law-and-order stance as a convicted felon. The Hill went on to argue that Harris “shouldn’t debate Trump,” but rather “prosecute him in the court of public opinion” because there would be no “shortage of evidence” with her on the case.18 Scrutinizing Harris’s record in the past was an easy task for media outlets given the negative press that had collected over time on this issue. But with the 2024 election approaching, the media’s responsibility shifted: Donald Trump needed to be stopped. Media coverage would need to focus on the threat that Trump would pose as a criminal in office, supporting the argument that Harris’s record as a prosecutor could be an asset after all.
Harris leveraged the momentum surrounding her role in prosecuting the case against Donald Trump by referencing it during the presidential debate. As usual, she addressed her background as a prosecutor and attorney general, but she also made the strategic decision to frame it as a message of unity. She reminded viewers that the only client she ever served as prosecutor was “the people,” irrespective of anyone’s political affiliation.19 This conveyed to Americans that despite her “tough-on-crime” reputation, Harris had approached her role as a prosecutor with impartiality – reinforcing her commitment to being a president for all. In the final weeks of her campaign, she continued to emphasize unity, with Axios describing her message as one of “neighbors not enemies” and positioning her presidential vision in stark contrast to that of Trump.20 Reframing the importance of Harris’s record within the context of unity aligned with the kind of president she wanted to be, and the kind of prosecutor that would prevent Donald Trump from further dividing Americans.
The increasingly popular image of Harris locking up Donald Trump was reinforced by media coverage that fixated on his criminal charges. USA Today captured these in their article, noting that Harris’s past as a prosecutor lends “credence to making the case against Trump that he is just too criminal, too corrupt, and doesn’t share the values we need in a president.”21 Law and order in this case had a new identity, and it did not come from the hate-spewing misinformation and disinformation that Donald Trump had consistently voiced at rallies, in interviews, and during televised spectacles. As CNN and The Guardian put it, law and order was now Kamala Harris and what she could do to “[put] bad guys [like Donald Trump] away.”22
With Harris using her prosecutorial record to make the case against Donald Trump, and media coverage framing this as essential to saving the country from his leadership, SNL was sure to incorporate it into a funny bit – one that laughed with Harris, not at her. In the skit with Bret Baier, Harris states that she was “the only candidate who has prosecuted transnational criminal organizations,” adding that if she had starred in Breaking Bad, the lengthy battle with criminals “would have probably ended in three episodes.”23 The focus of the clip is not to criticize Harris’s record, but to highlight it as a strength, showcasing her capabilities in contrast to Bret Baier’s interruptions and misinterpretations. Much of the scrutiny that Harris faced for her record was replaced by the need to see her prove herself to the American public – especially in her ongoing fight to prevent a second Trump term.
The favorability toward Harris’s record in the media, bolstered by support from SNL, marked a notable improvement from the “Kamala the Cop” meme that previously overshadowed her prosecutorial past. But because her record was still subject to scrutiny, it was unclear whether her identity as a prosecutor would make a sizable difference in her odds of victory. Shown above, a CNN poll conducted in October 2024 showed that Harris’s record as a prosecutor remained split among voters, with 33% of respondents seeing it as an asset to her campaign and 32% considering it a reason to vote against her.24 Relative to other categories in the poll, her record as a prosecutor was not one of the most influential in shaping voter opinion. This suggests that while her record was reframed by media outlets in a more favorable light, media coverage and public opinion did not shift dramatically enough to make her prosecutorial past a defining part of her campaign outcome. What is notable, however, is that she managed to rise above the scrutiny that had long clouded her record.
In the end, what changed about media coverage of Harris’s prosecutorial record was the shift from portraying it as a liability rooted in hypocrisy to reframing it as a potential asset in combating the threat of a second Trump presidency. While earlier narratives show contradictions within her campaign and skepticism around her intentions, the frustration with Trump’s criminal background led media outlets to reposition Harris’s prosecutorial past as evidence of her competence. Harris’s record was no longer the focal point of scrutiny it once was, but neither did it become the defining strength of her campaign. Instead, the prosecutorial angle helped present Harris as a unifying leader who had the necessary experience to protect law and order – forming the antithesis of Trump.
Although Kamala Harris did not successfully prosecute the political case against Donald Trump, she delivered a powerful reminder in her concession speech: “The fight takes a while – that doesn’t mean we don’t win.”25 Harris’s candidacy reframed the conversation around accountability in American politics, emphasizing the stakes of protecting democratic principles while enabling an important shift in the way her prosecutorial record was viewed. Even as Trump’s second term approaches, Harris can assert that the case against him is far from closed.
Sources
- Downs, Brandon, and Richard Ramos. “What to Know about Kamala Harris’ Record as California Attorney General.” CBS News, August 22, 2024. https://www.cbsnews.com/sacramento/news/what-to-know-about-kamala-harris-record-as-california-attorney-general/. ↩︎
- Shivaram, Deepa. “Harris Is Leaning into Her History as a Prosecutor. It’s Not the First Time.” NPR, July 29, 2024. https://www.npr.org/2024/07/29/nx-s1-5048532/harris-prosecutor-trump-election.
↩︎ - Squires, Camille. “Kamala Was a Cop. Black People Knew It First.” Mother Jones, December 9, 2019. https://www.motherjones.com/politics/2019/12/kamala-was-a-cop-black-people-knew-it-first/.
↩︎ - Zernike, Kate. “‘Progressive Prosecutor’: Can Kamala Harris Square the Circle?” The New York Times, February 11, 2019. https://www.nytimes.com/2019/02/11/us/kamala-harris-progressive-prosecutor.html.
↩︎ - Zernike, Kate. “‘Progressive Prosecutor’: Can Kamala Harris Square the Circle?” The New York Times, February 11, 2019. https://www.nytimes.com/2019/02/11/us/kamala-harris-progressive-prosecutor.html .
↩︎ - Zhou, Li. “Kamala Harris’s 2020 Presidential Campaign and Policy Positions, Explained.” Vox, June 26, 2019. https://www.vox.com/2019/6/26/18679408/kamala-harris-2020-presidential-campaign-policies.
↩︎ - Ball, Molly. “Kamala Harris Is Making Her Case. but Can She Stand out in a Crowded Field?” Time, October 3, 2019. https://time.com/magazine/us/5691627/october-14th-2019-vol-194-no-15-u-s/ .
↩︎ - Korecki, Natasha. “‘Caught off Guard’: How Tulsi Gabbard’s Big Moment with Harris Is Playing into Tuesday’s Debate.” NBC News, September 11, 2024. https://www.nbcnews.com/politics/2024-election/tulsi-gabbard-big-moment-kamala-harris-tuesday-debate-rcna169234.
↩︎ - Korecki, Natasha. “‘Caught off Guard’: How Tulsi Gabbard’s Big Moment with Harris Is Playing into Tuesday’s Debate.” NBC News, September 11, 2024. https://www.nbcnews.com/politics/2024-election/tulsi-gabbard-big-moment-kamala-harris-tuesday-debate-rcna169234.
↩︎ - “Debate Fact Check: What Were They Talking about, and What Was True?” The New York Times, August 1, 2019. https://www.nytimes.com/2019/07/31/us/politics/debate-fact-check.html.
↩︎ - Hakim, Danny, Stephanie Saul, and Richard A. Oppel. “‘Top Cop’ Kamala Harris’s Record of Policing the Police.” The New York Times, August 9, 2020. https://www.nytimes.com/2020/08/09/us/politics/kamala-harris-policing.html.
↩︎ - Martin, Jonathan, Astead W. Herndon, and Alexander Burns. “How Kamala Harris’s Campaign Unraveled.” The New York Times, November 29, 2019. https://www.nytimes.com/2019/11/29/us/politics/kamala-harris-2020.html. ↩︎
- Metz, Sam, and Gabrielle Canon. “Sen. Kamala Harris Has Ended Her Bid for President. Here’s How California Factored into Her Rise and Fall.” USA Today, December 4, 2019. https://www.usatoday.com/story/news/politics/2019/12/03/california-senator-kamala-harris-drops-out-presidential-race/2599225001/.
↩︎ - Reimann, Nicholas. “Biden Picked a ‘Cop’: Some on Left Slam Choice of Kamala Harris for VP.” Forbes, August 11, 2020. https://www.forbes.com/sites/nicholasreimann/2020/08/11/biden-picked-a-cop-some-on-left-slam-choice-of-kamala-harris-for-vp/.
↩︎ - “Harris’ Time as a Prosecutor Will Shape Her Candidacy for President.” NBC News, July 24, 2024. https://www.nbcnews.com/nightly-news/video/harris-time-as-a-prosecutor-will-shape-her-candidacy-for-president-215616069957.
↩︎ - Popli, Nik. “Why Democrats Want a Prosecutor-In-Chief Now.” Time, August 23, 2024. https://time.com/7014492/kamala-harris-prosecutor-trump-dnc/.
↩︎ - Popli, Nik. “Why Democrats Want a Prosecutor-In-Chief Now.” Time, August 23, 2024. https://time.com/7014492/kamala-harris-prosecutor-trump-dnc/.
↩︎ - Truax, Chris. “Harris Should Put on Her Prosecutor Pants When She Suits up for the Big Trump
Debate.” The Hill, September 3, 2024. https://thehill.com/opinion/campaign/4854130-harris-trump-debate-prosecute/.
↩︎ - Kamala Harris’ closing remarks during ABC News presidential debate, September 10, 2024. https://www.youtube.com/watch?v=Qfp6gmjksiM.
↩︎ - Doherty, Erin. “Harris’ Final Campaign Ad Focuses on Unity: ‘Neighbors, Not Enemies.’” Axios, November 2, 2024. https://www.axios.com/2024/11/02/harris-final-campaign-ad-trump-2024.
↩︎ - Collins, Michael. “Prosecutor vs. Convicted Felon: How Democrats Believe Harris’ Background Changes the Election.” USA Today, July 23, 2024. https://www.usatoday.com/story/news/politics/elections/2024/07/23/kamala-harris-trump-prosecutor-felon-2024-election/74469207007/.
↩︎ - Dovere, Edward-Isaac. “How Harris Is Preparing to Contrast Her Record as a Prosecutor with Trump’s as a Felon.” CNN, July 22, 2024. https://www.cnn.com/2024/07/22/politics/harris-strategy-against-trump/index.html.
↩︎ - Fox News Kamala Harris Interview Cold Open – SNL, October 20, 2024. https://www.youtube.com/watch?v=Ur7KlIYh8rM&t=5s.
↩︎ - Agiesta, Jennifer, and Ariel Edwards-Levy. “CNN Poll: Harris and Trump Remain in a Locked Race and Are Tied Heading into the Final Stretch” CNN, October 25, 2024. https://www.cnn.com/2024/10/25/politics/cnn-poll-harris-trump/index.html.
↩︎ - Treisman, Rachel. “Harris Concedes the Election but Vows to Not Stop Fighting for a Better Future.” NPR, November 7, 2024. https://www.npr.org/2024/11/06/g-s1-33064/harris-speech-election-results.
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