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Cuccinelli says he shouldn’t give gifts back because “I’m not in that category”

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From the DPVA, Cuccinelli hits yet ANOTHER new low – even for him!  Of course, he really ISN'T “in that category” – of anyone normal, sane, ethical, non-extreme, not unhealthily obsessed with telling other people what they can and can't do in the bedroom (or with their own bodies), etc.  

Today during a radio interview Ken Cuccinelli said he doesn’t have to take accountability and return $18,000 in Star Scientific scandal gifts because he only took luxury trips, dinners and other gifts from the company and CEO Jonnie Williams, not “watches and clothes.” 

Cuccinelli’s insistence on drawing imaginary lines between his unethical behavior and others’ is just more evidence that Virginians cannot trust him to put their best interests ahead of his own. 

If he recognized that letting a company and CEO shower him with gifts and trips while he was supposed to be fighting them in court to reclaim $1.7 million in unpaid taxes is wrong, he would give the gifts back and apologize for letting his desire for personal spoils damage Virginia’s reputation for clean government. 

The full transcript of Cuccinelli’s absurd excuse for refusing to take accountability for his actions on WVTF this morning is below:

HOST: You told reporters that Star Scientific CEO Jonnie Williams didn’t give you the kind of gifts that can be returned—about $18,000 worth. So you haven’t returned them and you have said “there are just some bells you can’t un-ring.” My question here is couldn’t you determine the value of a meal or a trip or a private jet trip and pay the benefactor back?

CUCCINELLI: Well the you know, what we’ve done is, is is identify all of these to folks. And obviously report them, and then and then I took the extraordinary step of handing my own matter over to a Democrat Commonwealth’s attorney to review and he cleared me. And so I think that’s what really matters in this case and the fact that some of this stuff was out of the blue. Like a $6,000 box of these little food supplements, I mean what do you do with that? I just gave them away. And I don’t think that’s what people normally think of when they think of this stuff. And I think the real focus ought to be on solving the problem which is why I called for a special session and supported a variety of the proposals for the things that have been put out there. Things like an independent ethics commission and things like gift caps and bans and those kinds of efforts that I think the people of Virginia just in my travels around the state would like to see.

HOST: Drawing that line, this is $18,000 worth. In McDonnell’s case it’s over $100,000 worth. His decision was to return the monies, yours wasn’t. Could you again delineate, why the difference?

CUCCINELLI: Well, of course, I didn’t get any money, I didn’t get any loans, I didn’t get any stuff. I didn’t get watches and clothes. That’s what they returned, it’s because that’s what they got. I’m not in that category. 

Cuccinelli says he shouldn’t give gifts back because “I’m not in that category”

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From the DPVA, Cuccinelli hits yet ANOTHER new low – even for him!  Of course, he really ISN'T "in that category" – of anyone normal, sane, ethical, non-extreme, not unhealthily obsessed with telling other people what they can and can't do in the bedroom (or with their own bodies), etc.  

Today during a radio interview Ken Cuccinelli said he doesn’t have to take accountability and return $18,000 in Star Scientific scandal gifts because he only took luxury trips, dinners and other gifts from the company and CEO Jonnie Williams, not “watches and clothes.” 

Cuccinelli’s insistence on drawing imaginary lines between his unethical behavior and others’ is just more evidence that Virginians cannot trust him to put their best interests ahead of his own. 

If he recognized that letting a company and CEO shower him with gifts and trips while he was supposed to be fighting them in court to reclaim $1.7 million in unpaid taxes is wrong, he would give the gifts back and apologize for letting his desire for personal spoils damage Virginia’s reputation for clean government. 

The full transcript of Cuccinelli’s absurd excuse for refusing to take accountability for his actions on WVTF this morning is below:

HOST: You told reporters that Star Scientific CEO Jonnie Williams didn’t give you the kind of gifts that can be returned—about $18,000 worth. So you haven’t returned them and you have said “there are just some bells you can’t un-ring.” My question here is couldn’t you determine the value of a meal or a trip or a private jet trip and pay the benefactor back?

CUCCINELLI: Well the you know, what we’ve done is, is is identify all of these to folks. And obviously report them, and then and then I took the extraordinary step of handing my own matter over to a Democrat Commonwealth’s attorney to review and he cleared me. And so I think that’s what really matters in this case and the fact that some of this stuff was out of the blue. Like a $6,000 box of these little food supplements, I mean what do you do with that? I just gave them away. And I don’t think that’s what people normally think of when they think of this stuff. And I think the real focus ought to be on solving the problem which is why I called for a special session and supported a variety of the proposals for the things that have been put out there. Things like an independent ethics commission and things like gift caps and bans and those kinds of efforts that I think the people of Virginia just in my travels around the state would like to see.

HOST: Drawing that line, this is $18,000 worth. In McDonnell’s case it’s over $100,000 worth. His decision was to return the monies, yours wasn’t. Could you again delineate, why the difference?

CUCCINELLI: Well, of course, I didn’t get any money, I didn’t get any loans, I didn’t get any stuff. I didn’t get watches and clothes. That’s what they returned, it’s because that’s what they got. I’m not in that category. 

The Polls Agree: VA Politics May be Entering New Era

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by Paul Goldman

Is Ken Cuccinelli really that weak politically, is Terry McAuliffe really that strong, or is Virginia politics entering a new era in terms of statewide elections?

My sweep thesis is premised in some measure on the new era analysis, but resting even more on the relative strengths of the campaigns for Governor. If I sound like a broken record, then that’s because the song I have been singing over the summer is more popular with Virginians than Robert Thicke’s Blurred Lines. However, I will concede his video is better than mine.

Back to the politics: The polls right now are indicating either: 1) Democrats are a lot more juiced up to vote or; 2) Republicans are down in the political dumps for various reasons, too numerous to name really (which explains the GOP grassroots sour mood).

At this point, it really is pointless to point fingers at the campaign or the candidate or the strategy guy or the policy person. Whatever the reason: Cuccinelli is facing the “Perfect Storm,” but at least George Clooney was in a movie, not on the actual ship in an actual storm, just a Hollywood set. Cuccinelli is registering an all-time low (or nearly so) in the polls for a GOP candidate going into Labor Day. This is the reality. Governor McDonnell’s numbers are actually way better than Cuccinelli’s.

So, Cuccinelli’s campaign strategy guys may soon realize: if Bob McDonnell doesn’t get indicted, they will not be able to blame the Governor if the GOP loses in the biggest such defeat since 1985! My sweep thesis doesn’t predict the margin; indeed once you are inaugurated, the margin is irrelevant for policy purposes, and usually the politics for the first year or so. Nor is the thesis based on a sea change in the turnout model.      

 

BUT:  If the turnout model in a Virginia GUV election is now what the polls are predicting – a substantial statistical advantage for Democrats – then of course we are talking about 2013 marking a watershed moment in the Old, now New, Dominion.

So you ask: “Well, Paul, is 2013 such a marker?” The answer: As you know, I don’t believe Governor McDonnell should get indicted based on my understanding of the law and the evidence. I don’t buy the rat theory of criminal law. Assuming, therefore, that this is the case, then it is very possible for the Governor to NOT be a drag on the Cuccinelli campaign in the final analysis, as amazing as this might have seemed only a week ago.

By election day, McDonnell could very well have a very good image with almost all Republicans and a decent one with independents IF HE CALLS A SPECIAL SESSION and continues getting high marks for his performance in the job, as opposed to personal failings. Virginians are forgiving; we all need to be in that regard when possible. Assuming, therefore, that this is the situation, then a big relative jump in Democratic vs. Republican turnout statistics suggests something bubbling up in the Virginia electorate.

A sweep would also leave Republicans at an historic 50-year low in folks elected statewide (they would have NO ONE!).  That strikes me as more than just a bad 2013 ticket or bad 2013 strategy.  However, it would take a confirming election in 2017 to prove it.

Bottom line: If the polls keep showing the same relative projected electorate, and there is nothing to make the election year unusual in any basic DEM v GOP way, then the odds will grow that the 2013, in retrospect, will have been a marker for a new era. It is still the lesser of the likely cases at this point, but the polls continue to suggest the 2009 electorate, so fairly to McDonnell, is not likely to repeat. As I have written, that alone could be enough to defeat the GOP ticket this year without anything more.      

Virginia Retirement System Return on Investment Unimpressive

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Virginia Retirement System photo 130830VRS_zpsb84c09c5.jpgVRS Board Chairman Diana F. Cantor has set a low bar for success. In a year when throwing darts at the public securities board yielded 16.34%, she hails an additional 1.26% as impressive. In any event, her team already told us that investment decisions were prompted by a computer program.

Oh, heck, that little bit of insight was in response to questions arising from a VRS investment in Star Scientific that yielded a loss of $87,581 on an investment of $289,000. Worse, this was after a series of losses by Maureen McDonnell in the same stock. But as we have all been told, Maureen only shares her investment strategies with her financial benefactor, Jonnie Williams.

“Schultze said it is not clear why the internal program, devised by VRS investment staff to use algorithms to analyze stock data, recommended purchase of stock in a company that hadn’t turned a profit in 10 years.” – Richmond Times Dispatch

And what we don’t know is the opportunity cost of the hundreds of millions of dollars Governor McDonnell siphoned from the VRS so that he could claim he balanced the state budget. Allowing that those funds would have been spread across the risk spectrum rather than invested only in public securities, those millions would still have been yielding that net 11.8% had they not been used as a long term obligation of the state, adding to the already unfunded obligations of the system.

Chairman Cantor also fails to mention that this follows a year when the system’s investments yielded a whopping 1.4%; not a performance that enhances long-term solvency. Certainly, in her view, last year was the result of the market rather than mediocre performance by her staff. One year the Obama market, the next pure investment genius.

Virginia News Headlines: Friday Morning

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Here are a few Virginia (and national) news headlines, political and otherwise, for Friday, August 30. Labor Day weekend already? Wow, that summer went by fast!

*Obama Set for Limited Strike on Syria as British Vote No

*Secret budget details U.S. spy operation

*Internal Revenue Service to give equal tax treatment for same-sex marriages

*Eric Cantor Skipped The March On Washington To Meet With Oil Lobbyists (That’s our Eric Can’tor!)

*McAuliffe widens lead in Va. governor’s race (“Cuccinelli in a survey by the Democratic-leaning Public Policy Polling released on Thursday. That is 1 point more than in a Quinnipiac University poll released last week and 3 points more than in a similar PPP poll from July.”)

*Virginia lawmakers’ false war on abortion (“NOVA’s particular story may be complicated, but its message is clear: At virtually every level, Virginia lawmakers have waged a dishonest but effective campaign against clinics where women can exercise their constitutionally protected right to have abortions.”)

*Virginia governor candidates spar at energy forum (“A Northern Virginia forum on energy issues veers into other issues.” I’m still trying to think of a single thing Cuccinelli said that was not false or highly misleading. Anyone?)

*Are Ken Cuccinelli’s Ties to Big Coal And Gas Hurting Him In Deeply Red Southwest Virginia?

*Why Terry McAuliffe Is in a Box on Climate Change (And Cuccinelli yesterday dodged something like four questions dealing with climate change, wouldn’t even say if he BELIEVED in it!)

*Favola and McClellan: Cuccinelli’s ‘Fathers’ Rights’ Agenda Raises Red Flags for VA Women

*Economics, not ego on Olympics (“Virginia is enthusiastic about being part of the Olympics, but state leaders should take a hard look at the risks.”)

*Cyphert wins VEA, firefighters endorsements

*Del. Morrissey under investigation in matter related to teenage receptionist

*Alexandria superintendent steps down days before schools open

*D.C. area forecast: Calm start to holiday weekend before storm risk rises

*Griffin is a go for Week 1

*Jayson Werth, Bryce Harper, Ian Desmond homer to lift Nationals over Marlins, 9-0

In the Wake of the Vote of the British Parliament Against Attacking Syria

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I’m wondering: Does Great Britain backing out of the idea of attacking Syria, because the British Parliament today voted not to attack and Prime Minister Cameron says he will abide by that, make stronger or weaker James Fallows’ argument, in his article in the Atlantic , “Here’s a Wild Idea About Syria: Make the Case to Congress,” that what Obama should do is have Congress vote for or against an American attack on the Assad regime as punishment for its use of chemical weapons against its citizens?

IRS Promulgates Filing Guidance for Same-sex Couples

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 photo RS_Same_Sex_Marriage_zpsc0c8c064.jpg Today the IRS published a ruling for “individuals of the same sex who are lawfully married.” Unlike the state residency restrictions published by the Social Security Administration, the IRS will recognize marriages of same-sex spouses even if the married couple resides in a jurisdiction that does not recognize the marriage.

“Any same-sex marriage legally entered into in one of the 50 states, the District of Columbia, a U.S. territory or a foreign country will be covered by the ruling. However, the ruling does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law.” (emphasis added) IR-2013-72

This ruling affects not only returns filed for tax year 2013, but also affects all prior years during which individuals were legally married. It appears that individuals affected may choose whether or not to amend prior year returns based upon their circumstances and whether or not it is to their benefit.

“Generally, the statute of limitations for filing a refund claim is three years from the date the return was filed or two years from the date the tax was paid, whichever is later. As a result, refund claims can still be filed for tax years 2010, 2011 and 2012. Some taxpayers may have special circumstances, such as signing an agreement with the IRS to keep the statute of limitations open, that permit them to file refund claims for tax years 2009 and earlier.”

This ruling not only applies to individual tax returns but also gift and estate tax returns. Additional guidance can be found at Answers to Frequently Asked Questions for Individuals of the Same Sex Who Are Married Under State Law on the IRS website. The ruling will not, however, automatically extend to state individual filing statuses in states like Virginia that do not recognize same-sex marriage.

Maybe Governor McDonnell will extend recognition of same-sex marriage to individuals filing Virginia state tax returns in another desperate attempt to restore his legacy.  

Obamacare: Could it Produce Another VA GOP GUV?

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by Paul Goldman

The latest article in the National Journal points to a reason why my sweep analysis may not in the end defy the history of the modern two party system in Virginia: a potential GOP backlash against what they view as Obamacare. http://www.nationaljournal.com…

I have written nationally on the key political difference between FDR and LBJ’s approach to Social Security and Medicare and the President’s approach on essentially national health.

FDR and LBJ intentionally the rejected the use of any federal government dollars to fund those programs, breaking with the German approach in the late 1880s which had included government money, along with the type of social security/medicare taxes used here in America. The FDR and LBJ thesis was based on using 100% private money, that is to say half from the employee and the other half a pay raise the employee would not get, it being paid by the employer into the Trust Funds.

FDR, who LBJ copied, didn’t trust future Congresses to keep his social security promise: he feared they would take the money for other uses. Thus, he wanted each American to view the money in the Social Security Trust Fund as their money, not the government’s money. We tend to forget that the Social Security initiative enacted by FDR was never intended to be a retirement program as it has become today. He viewed it quite differently and it actually didn’t cover African-Americans and women by in large, and many white males for that matter.

The point being: FDR, then LBJ, feared using government money would make Americans see these initiatives as welfare. It is the reason I got a lot of national attention in the 1990’s when the late Senator Pat Moynihan and I independently wrote articles and put in national resolutions to prevent Democrats from means testing Social Security and Medicare, fearing this was a step toward welfares, in turn risking the programs broad national support. It was controversial, but eventually Clinton, top Democrats in Congress and others realized we were right in terms of the long term political backing.

Harry Truman’s universal health care proposal likewise was based on the 100% private money social security tax equation although he did leave the door open to consider adding a government funding piece ala the European systems.

Political bottom line: It has always been my contention that Obamacare took a political risk by using government funding given my read of history and also due to this political difference with Social Security and Medicare: they were enacted at a time when most people didn’t have retirement fund (1 in 10 had a retirement plan from work) and roughly half of those 65 and over had health care.

Today, most people have health care: that’s a political fact. By using government funds to create the third and final and most difficult leg of the historic Democratic safety net – a monumental achievement on any historical basis – the problem in 2013 is thus: most of the swing voters already have health care. Thus, in raw political terms, their big political concern is not going to be THERE ACCESS TO CARE, but rather WHETHER THEY WILL HAVE TO PAY LESS than otherwise would have been the case without the new national health care law.

On a purely mathematical basis, this is impossible to know due to the difficulty in getting a real apples to apples comparison. Accordingly, with 60 days left in the campaign for GUV, the issue is likely to be decided on subjective data: meaning, it will be processed according to one’s preset assumptions.

This is a fact of political life: at this stage of a campaign, you basically take the voters as they are in terms of what they think, it is very hard to materially change their opinions.

This tells me: the GOP base will be easy to gin up with stories about how what they see as Obamacare jacking up the prices. A soon to be released study by the State Corporation Commission could confirm this view.

Meaning: As in 2009, there will be new and current reasons during the campaign for the GOP base to want to protest against Obamacare.

Right now, Cuccinelli doesn’t have such an energy in his base, the way McDonnell did in 2009, the way the “out party” in terms of the White House has tended to use the VA GUV election to protest their loss the year before.

People who have spoken to me over the year know the Obamacare/FDR/LBJ/out-year protest equation has concerned me on an historic GUV cycle basis.

There is certainly no such protest energy in the GOP base right now, the “defund Obamacare” mantra boring really. But if a clear enough case can be made that the voter’s health care costs will go up – and they are now also having to pay with tax money for someone’s health care – then such energy could return by election day.

This is why the White House has smartly publicized all studies and actions which indicate the health care premiums are going to be lower now. But in the end, as others have pointed out, it is really impossible to prove, it is a political argument with political math.

Opposition to what the GOP called “Hillarycare” in 1993 helped fuel the protest vote that made George Allen Governor.

I stand by my sweep analysis. But should the VA GOP ever show me a pulse and some brain activity on an anti-Obamacare protest play, then I would at least have to acknowledge the possibility of here being a protest vote on election day on the right: now, there is only the anti-Cuccinelli protest vote on the left brewing.

This is why Medicaid expansion, which seems a no-brainer to the policy wonks as they do the fiscal math, is far from a certain slam dunk in political terms this year.

Historically, successful GOP GUV candidates have been able to sue such expansive government programs to win a lot of net-net votes. Cuccinelli has been very inept in this regard to date.

But if the public sees a rising tide of their premiums, they might protest against Democrats to vent their frustration. It might not be true policy wise, but this is politics, not a graduate course at UVA (maybe an online fake college like “Trump University”).

I don’t see the health of the Democratic ticket in much danger if they play it right. But the “in” presidential party has been blinded by protest votes in 1977, 1993, and in 2009 in my view.

Those were all in a presidential first term. So having a second one at the start of Obama’s second term would be a first in my view.

But foreseeable.  

Video: Ken Cuccinelli Blows Off His CONSOL Energy Scandal: “You don’t have an actual question”

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Truly amazing: In the “press scrum” earlier today following the fossil-fuel-friendly energy forum in Arlington, Ken Cuccinelli basically insulted a lot of Virginians – particularly those who live in Southwestern Virginia and have been adversely impacted by CONSOL Energy screwing them over – by blowing off a question about it, claiming it’s not an “actual question.”

Well, yes Ken Cuccinelli, it very much IS an “actual question” from people like this 76-year-old landowner, like Ken Osborne of SW Virginia, and like Shirley Keene of SW Virginia. Why are you, Ken Cuccinelli, insulting the people of Southwestern Virginia by claiming that their serious questions about your cozy relationship with an out-of-state natural gas company that screwed them over are not “real?”

In addition, check out this video to learn how Cuccinelli has helped CONSOL avoid paying Southwest Virginia landowners millions in gas royalties that they are due. The question is, why won’t Ken Cuccinelli answer real questions from real Virginians?!? What is Ken Cuccinelli so afraid of?

Video: McAuliffe Eviscerates Cuccinelli on Child Support, Violence Against Women Act

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From the forum earlier today in Arlington, check out the video of Terry McAuliffe ripping Ken Cuccinelli a well-deserved “new one” for being an extremist nutjob.

…Virginia has to be a Commonwealth that is open to businesses and welcoming to all. I talk to business leaders from both parties every single day. I constantly hear that politicians focusing on a social, ideological agenda is not helpful for business. We cannot keep putting walls up around Virginia by attacking women’s rights, scientists, or gay Virginians. This is a fundamental difference in this race. I know we need to focus on the economy…Ken Cuccinelli has shown that he will spend his time in office on a social, divisive, ideological battles...that have defined his career.

[The Washington Post report this morning] was shocking. It detailed his ties to a radical group that fought against adequate child support because they think it is quote punitive unquote to men…and contend that men are frequently victimized by false allegations of domestic abuse unquote. According to the Washington Post, my opponent even took the unusual step of handling the private case for a leader in these groups while he was sitting Attorney General. Ken Cuccinelli has worked to implement their agenda on trying to restrict women’s health care rights…Quote Cuccinelli was also the long Senate vote against legislation to increase child support payments by tying them more closely to inflation unquote. Opposing adequate child support is inexplicable and it’s just plain wrong…

Why would you introduce legislation that would punish people who want to get out of a bad marriage?…Cuccinelli was one of three [Attorneys General] who did not sign [a letter to Congress urging lawmakers to reauthorize the Violence Against Women Act]. My opponent still won’t explain what he dislikes so much about the Violence Against Women Act, but that group he is tied to believes that many women make up claims of domestic abuse.

During this campaign, there are many issues where Ken Cuccinelli and I have disagreed, and on some of them, I can at least understand his position, even if I don’t agree with it. But the positions laid out today in the Washington Post on child support, the Violence Against Women Act and on family law is just beyond my comprehension, and I believe beyond the comprehension of most Virginians

…Ken Cuccinelli’s social agenda is more than just extreme, it is bad for business. The Republican Lt. Governor said just this week, quote, he is a rigid ideologue who thrives on conflict and confrontation…Virginia simply can not afford to have their leaders pursuing their own rigid ideological agenda

The truth hurts.