( – promoted by lowkell)

by Paul Goldman

Having once provided legal advice to a boxing commission, I have to ask: should the state of Virginia grant a boxing license to the fight between Terry McAuliffe and Ken Cuccinelli? At this rate, I am not sure it could get a license in most other states given the AG’s press release cited below.

On transportation, Terry has a policy: Mr. Cuccinelli has a legal opinion. They are not running for the same job, at least yet.

There is a good, solid political reason why Virginia Attorney Generals have opted to resign as opposed to remaining in office while running for governor. Contrary to what the AG thinks, it has nothing to do with the ability to do both jobs, as a matter of intellectual ability or work load. With all due respect, neither position is all that difficult. Rather, it is something far different.

I am presuming Professor Sabato will discuss this at some point with his class, using yesterday’s press release for Attorney General Ken Cuccinelli as the only necessary course material. I quote now the pertinent part, thanking ace Washington Examiner political guy Steve Contorno:

I  was honored to work with members of the McDonnell administration in making sure the legislation was able to move forward without the threat of any legal challenges,” Cuccinelli said in a statement. “Moving forward, I remain committed to working to fix Virginia’s transportation problems, which will create jobs and ease the congestion across the commonwealth.

As we have been saying for weeks now at 200-proof politics, Cuccinelli’s campaign would gain HUGE if Governor McDonnell signed the Transportation Tax Deal passed by the General Assembly AS IS or made only a minor tweak, leaving the regional taxes essentially alone.

Why? Because as Norm Leahy and I were the first to dare say, the Emperor had no Clothes, his “historic” tax deal was unconstitutional AS IS on those 4 regional taxes. Since Governor McDonnell didn’t propose those regional levies, it seemed to 200-proof politics that he would be wiser to AVOID A LAWSUIT at any costs. However, he showed no interest in our point of view. He was 100% going to defend the GA’s bill except for minor tweaks. We thought he needed to rethink the train wreck ahead.

Enter then, the legal opinion of the Attorney General of Virginia, aka Ken Cuccinelli. He agreed with Norm and me. But as I wrote, he left a big loophole in his opinion declaring the regional taxes unconstitutional. He provided a road map for the governor to try and fix it. It surely wasn’t my job to tell the governor how to fix it, I do 200-proof politics here. To be honest, I was looking to arguing the case in front of the VA Supreme Court (and still may).

The 200-proof equation was simple: Cuccinelli wins big if Governor McDonnell decides to defend the GA’s bill. Cuccinelli loses BIG if there is no suit, since it would be one of those real events one can not duplicate in a campaign.  

Last week, the Washington Post, Virginia Democrats, and even some of Governor McDonnell’s top aides were livid at Attorney General Cuccinelli, saying he was being an ideologue who intended to kill the so-called “historic” transportation plan out of pure partisanship. Standing alone, I defended Cuccinelli and his senior legal advisors, saying they would make the right legal call, that they would not play politics.  

So if you don’t mind, I have earned the right to say: I told you so. As predicted, Cuccinelli made the right legal call. Governor McDonnell has admitted as much. He changed his bill didn’t he? Did he listen to Cuccinelli? Of course he did. McD and posse will not admit it, I get that. Would the Governor have amended the bill as he did without Cuccinelli’s advice? My gut call here: NO. I think they would have gone “all-in” as is. Can I prove this? No. But there is nothing to suggest MCD and posse were going to make a big change in the bill BEFORE Cuccinelli weighed in.

THE LEGAL POINT: The critics of Mr. Cuccinelli, the AG, are plain wrong on the law; he has never played legal politics on this opinion, and it is a shame things have become so partisan that even the Washington Post refuses to admit they were wrong, that they had been Nixonian here.

BUT AS A POLITICAL MATTER: The critics of Mr. Cuccinelli, THE GOP CANDIDATE FOR GOVERNOR, are 1000% correct. The Cuccinelli press release cited above is his attempt to be Nixonian, an absolute disaster even though, on a literal basis, it is correct. The McAuliffe campaign has pounced and rightfully so, although they need to careful to be accurate, not open themselves up to a backlash.

I ask: Whatever possessed Cuccinelli’s campaign to allow such a press release to be released? There is only one logical possibility in my experience. The press release technically came from his office as AG, and thus, he has established a policy of not clearing these things through his political campaign. This is a perfectly legitimate position IN THEORY as the jobs are separate: running for governor and being AG. BUT IT IS POLITICALLY DUMB TO THE NTH DEGREE, an amateurish position. This not law school, this is a campaign for governor. You are either in the game 24/7, or you should step aside and let Mr. Bolling – a 200-proof pol by his own admission – have the GOP nomination.

This is why AGs resign to run for governor. The ability to do the two jobs isn’t the problem: It is the ability to be two different people 24/7. As Einstein pointed out, this is impossible even for Mr. Cuccinelli. He is running for Governor: People want to know his position on transportation, taxes, spending priorities, all the stuff involved with the Tax Deal debate.

AGs decide whether laws are constitutional: governors decide what laws are passed and then checked for constitutionality. The job of governor is different. If Cuccinelli had resigned, another AG might well have approved the original bill. This is what AG Bob McDonnell did in 2007. As I have written, this is what AGs usually do, approve the GA’s bills and let a court decide.  

AG Cuccinelli has basically screwed gubernatorial candidate Cuccinelli out of a big courtroom win, and now has confused his position on taxes, spending priorities, you name it. McAuliffe backed the transportation deal passed by the GA: Cuccinelli opposed it.  That’s the bottom political equation. Or has something changed?

If Cuccinelli has decided to give up the tax issue, to “me too” Terry on transportation, to buy into all the spending priorities attendant to the Transportation Tax Deal, and all the rest, then why is he running for governor, at least on the big issues?  Is this going to be an anti-abortion, anti-gay marriage, 100% social issue campaign for the GOP? If so, then it will be the first Democratic sweep since 1989.

That’s cool: for the Dems, it would be about time. I can write about other things as opposed to stuff which was decided a quarter-century ago. 200-proof politics doesn’t have time for 0% campaign uncertainty. What is the fun in that? The Cuccinelli campaign reminds me more and more of the 2001 Mark Earley campaign. In political shorthand, Earley could never figure out whether to go left or right. I would like to think it had something to do with the strategy imbedded in Warner’s campaign platform.

Like I say, I am beginning to wonder whether the state of Virginia should give a license to this fight. Someone could get hurt if the referee isn’t paying attention.  

Here are a few Virginia (and national) news headlines, political and otherwise, for Wednesday, March 27. Also check out the video of Howard Dean last night ripping into “crackpot,” “not a serious person,” “Crazy Ken” Cuccinelli.

*Fox News Contributors Say Marriage Equality Would Criminalize Christianity (This is the same thinking people used to use regarding interracial marriage.)

*Supreme Court considers federal marriage law

*Facebook goes red for same-sex marriage – even for Senator Warner

*On Fox News, Amanda Knox Gets Twice As Much Coverage As Marriage Equality (Faux “News” once again demonstrates that it’s a complete joke.)

*Poll Shows Cuccinelli, McAuliffe Still Tied After Bolling’s Exit (“The Quinnipiac University survey unveiled Wednesday shows Cuccinelli leading his likely Democratic opponent, 40 percent to 38 percent, with 18 percent undecided. In the previous poll, conducted in mid-February, the two were tied at 38 percent apiece.”)

*Virginia Gov. Bob McDonnell controls GOP fire (“Late-night amendments didn’t worsen his tepid status”)

*Gov. Bob McDonnell saves controversial bills for last

*Cuccinelli claims credit for road bill he nearly killed (There goes “Crazy Ken” again…)

*Jeff E. Schapiro: GOP tries having it both ways on roads (“Virginia Republicans are having an identity crisis – and just in time for the election.”)

*Group to press McDonnell for executive order restoring voting rights

*The governor tinkers (“McDonnell couldn’t resist the call of the tax protesters in amending the transportation package – but in terms of new revenue, it survives.”)

*Amendments pave way for road-funding program

*Democrats scoff at Cuccinelli claim he helped road bill (And rightly so, as that’s an outright lie.)

*Abortion insurance limit among conservative bills advancing

*Gay rights support from people close to McDonnell, Allen

*New robocall hits Lingamfelter on past donors (“Either somebody out there really dislikes Del. Scott Lingamfelter or they consider him a threat in the Republican nomination contest for lieutenant governor.”)

*Bill signed: Let’s build some roads (Actually, no, the #1 priority is maintaining/repairing the roads and bridges we’ve already got. The #2 priority is building a world-class public transit system, including high-speed rail, in Virginia. Let’s reassess after all that’s done.)

*Disorder  in the court (“Legislators made a mess of judge vacancies. McDonnell has given them a chance to get it right.”)

*Virginia Port Authority will not privatize operations

*More cooler than average weather for midweek

From the AP’s Bob Lewis:

Gov. Bob McDonnell has amended the transportation funding reform bill to potentially extend regional taxing authorities beyond Virginia’s urban areas to other areas statewide in an effort to satisfy concerns about its constitutionality.

Also, per the Pilot on Politics twitter feed, “Our sources were right @BobMcDonnell prps $64 alt car fee instd of $100.” Of course, that’s still $64 too much, still makes absolutely no sense, still penalizes people who are doing the right thing by going green(er). #FAIL

P.S. Speaking of #FAIL, McDonnell reportedly has also signed a bill requiring photo ID in Virginia. We’ll see you in court (and at the DOJ), governor!

UPDATE: McDonnell vetoes Arlington’s transient occupancy tax. Also, 7 other vetoes, 80 amendments to bills.

UPDATE #2: On HB1900 (“Health insurance reform; revises State’s laws.”), McDonnell adds, “No qualified health insurance plan that is sold or offered for sale through an exchange established or operating in the Commonwealth shall provide coverage for abortions, regardless of whether such coverage is provided through the plan or is offered as a separate optional rider thereto, provided that such limitation shall not apply to an abortion performed (i) when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or (ii) when the pregnancy is the result of an alleged act of rape or incest”

UPDATE #3: Gov. McDonnell added 12 more judges, including 11 vacancies – based on workloads, and/or places with 2 vacancies, it fills at least one.

UPDATE #4: See the comments section of this diary for tons more info…

Since I’ll be at an event tonight with Howard Dean for Democratic House of Delegates candidates Jennifer Boysko and John Bell, I thought I’d rerun this interview I did with Howard Dean on 8/15/08. Enjoy, and see you there tonight!

I just got off the phone with DNC Chairman, Gov. Howard Dean, who I had a chance to interview one-on-one as his “Register for Change” bus tour comes rolling through northern Virginia tomorrow (Saturday).  I didn’t record the interview, so here’s a rough transcript of my questions and Gov. Dean’s answers. (Note: thanks to Gov. Dean for taking some time to speak with RK, and I encourage everyone to help with Gov. Dean’s voter registration drive!)

Question #1: As you well know, it appears that Virginia has a serious shot at voting Democratic for president for the first time since 1964.  I’m very curious as to why you think that’s the case – for instance, do you think it’s about changing demographics, your 50-state strategy, the fact that Republicans have moved so far to the right, the rise of a strong progressive netroots movement in the state, or something else

Howard Dean: All of the above. Republicans have been an embarassment to the Commonwealth. Locally, the Republican brand isn’t so great. John McCain is a carbon copy of Bush. Virginia is a state that represents America in many ways.  I’m very grateful for the Draft James Webb movement and the netroots Webb campaign in 2006.  That really helped educate some people in Washington – like Chuck Schumer – about the importance of the blogs and the netroots.

Question #2: 2. In December 2003, you said you were “tired of coming to the South and fighting elections on guns, God and gays.”  Here in Virginia, Tim Kaine talked in 2005 about being a Catholic missionary in Honduras as a young man; there was a gay marriage amendment on the ballot in 2006; and we had the Virginia Tech shootings in 2007. During this entire period, Democrats have continued to make gains in Virginia.  In that context, nearly 5 years after you made the “guns, God and gays” comments, how do you see these issues playing out in southern states generally, and Virginia in particular?

Howard Dean: The right wing always brings up these issues because they have nothing else to talk about. They’ve been a complete failure on the economy and many other areas. Republicans are out of step with the vast majority of Americans.  People have gotten tired of all that [wedge issue] stuff. People are hurting and Republicans just give money to the oil companies. We’re in trouble economically, stuck in Iraq.  The difference between Barack Obama and John McCain on Iraq is 98 years. Republicans are putting their OWN interest above the national interest.

Question #3: Back to the netroots briefly, since I’ve recently co-authored a book on the subject, do you see the netroots continuing to rise?

Howard Dean: Every year, the influence of the netroots keeps increasing and will likely continue to do so.

Question #4: Where will you be going in Virginia and what will you be doing exactly?

Howard Dean: The  Register for Change bus will be in Fairfax and Alexandria tomorrow.  A lot of people are still not registered to vote, including young people and minorities. It’s crucial that we register as many people as possible and get them to vote early, if possible.

Question #5: Are there any particular areas of Virginia that you’re targeting, or that you see as particularly promising?

Howard Dean: Putting an emphasis on the Virginia Beach/Hampton Roads area. The military vote has been trending Democrat, just an article this morning about how members of the active military are giving more money to Obama than to McCain. Also, we are reaching out to evangelicals (especially young evangelicals), who are increasingly looking at issues like the environment, health care, etc. More broadly, a lot of young evangelicals want their leaders to get things done, not just bicker about divisive issues.

Question #6: Do you see what’s happening politically in Virginia as a “one off,” or do you think it’s part of a broader phenomenon?

Howard Dean: There’s deep change going on throughout the country. We don’t want to win without the South. We’re targeting Virginia, North Carolina, and Georgia, all of which are winnable if we can register the voters and get them out to the polls on election day.

P.S. There was an interesting moment when we were chatting about how the netroots really got kickstarted in 2003, and I mentioned that I was part of the Draft Wesley Clark movement. I quickly added that I thought that his campaign – probably even more than Clark’s – was crucial to the rise of the netroots.

Here are a few Virginia (and national) news headlines, political and otherwise, for Tuesday, March 26. By the way, the midnight deadline for Gov. McDonnell to take action – or not – on legislation has passed, yet there’s no word on several big bills (e.g., transportation). Does that mean he’s let them become law without his signature? Or what?

*Scientists link frozen spring to dramatic Arctic sea ice loss

*Historic moment for gay marriage at Supreme Court

*Sen. Tim Johnson (D-S.D.) won’t seek reelection (Can Dems hold this seat? It won’t be easy, but it’s certainly possible.)

*‘Finish the job’ on immigration, Obama urges

*Obamas host White House Seder

*Virginia Attorney General Ken Cuccinelli compared abortion to slavery in 2008 (In other words, he’s been a nutjob for a loooong time.)

*Governor makes two changes to bills before deadline

*McDonnell wants exemptions for drone ban

*Virginia Sen. Mark Warner Now Backs Gay Marriage

*As furloughs loom, federal workers turn to local union leaders for comfort

*Orrock gets challenger from Tea Party Patriots

*Road repairs show lack of oversight

*Dominion Virginia Power to buy electricity from small solar power generators

*Fairfax, Frederick join Loudoun in opposing stricter gun control

*Virginia’s Data Disaster Post Redistricting  

It’s almost 9 pm, which means that Gov. McDonnell has 3 more hours to decide what to do with transportation legislation, Medicaid expansion, etc. In the meantime, he’s made some changes to the texting and drone bills that came to his desk. Pretty exciting, huh? Or not…

Governor McDonnell continues finalizing actions on major bills at this hour. We do not anticipate action on the transportation legislation or the budget amendments (which will include action on Medicaid funding/reforms) until late tonight near the midnight deadline. We will communicate those decisions early Tuesday morning via press releases.

At this point, action has been taken on two pieces of legislation many of you have been following. In an effort to keep you informed about these matters of interest in a timely manner, I offer the following summaries of these actions. The actions will be posted on LIS sometime tomorrow for you to read in detail.

Amendments have been proposed to the drone moratorium and texting while driving bills. Please see below for our comments about those amendments.

DRONES:

Governor McDonnell is sending amendments to the General Assembly on the drone moratorium bill that would allow the use of this technology for certain law enforcement operations such as the search or rescue of missing persons or in cases involving imminent danger to any person. This will allow law enforcement officials to use this developing technology to protect public safety while respecting individual rights of citizens and their expectation of privacy.  Additionally, these amendments clarify that this legislation does not apply to institutions of higher education or other entities engaged in research and development of this and related technology.  Lastly, the governor’s amendments will require that the Department of Criminal Justice Services help develop guidelines for the appropriate use of drones by law enforcement agencies in the future.

TEXTING:

The governor believes that texting while driving is a dangerous activity and motorists should refrain from this, and all, distractions while behind the wheel. Texting is but one of many dangerous driving distractions that can cause crashes, injuries and deaths on Virginia highways. Drivers should concentrate on their responsibility of operating a motor vehicle safely and remaining in control at all times, and therefore should avoid texting and other distractions that can take their attention away from the roadway and cause accidents. The governor supports making texting while driving a primary offense, but has proposed to reduce the fines for convictions to bring them more in line with the penalties for comparable violations such as DUI and reckless driving.  Additionally, the governor’s amendments will require that the Department of Criminal Justice Services make training available to state and local law enforcement agencies for enforcement of this new law.