Newsom didn't immediately answer the question, instead offering his trust in the president and doubling down on campaigning with him.
Biden stumping for Newsom – as he and Vice President Harris have been thinking since last week – could be politically dangerous at the moment as the president deals with the consequences from the fall of Afghanistan.
"Gov. [Newsom] is leading California through an unprecedented crisis – he's a key partner in fighting the pandemic and helping build our economy back better," Biden wrote on Twitter last week. "To keep him on the job, registered voters should vote no on the recall election by 9/14 and keep California moving forward.
Gubernatorial recalls in California involve a two-part ballot. Voters are asked whether to recall the sitting governor, then who should replace the governor. If a majority of voters oust Newsom, whichever candidate receives the most votes on the second question would replace him.
That allows a replacement candidate to be elected with a small plurality — and potentially with far fewer votes than the number of votes cast to keep the current governor. While polls show Newsom in a tight race to stay in office, the leading Republican contender to replace Newsom has consistently registered support from a quarter or less of the electorate.
Constitutional law expert Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, suggested that specific scenario in a New York Times op-ed last week showing California’s recall process is illegal.
“The court could declare the recall election procedure unconstitutional and leave it to California to devise a constitutional alternative,” Chemerinsky wrote. “Or it could simply add Mr. Newsom’s name on the ballot to the list of those running to replace him. That simple change would treat his supporters equally to others and ensure that if he gets more votes than any other candidate, he will stay in office.”
Beaber, a Los Angeles attorney and clinical psychologist, would not say in an interview if he's a Democrat.
"I would prefer not to say, simply because I think it's irrelevant," he said Monday. "To me it would be unfortunate if party politics was the driving force behind the consideration of this lawsuit. This lawsuit seeks on its face to declare a current California remedy as unconstitutional and it would apply regardless of whether it was a Democrat or a Republican already in office."