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Video: Bob McDonnell Desperately Tries to Avoid Answering Question on Divided GOP

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Specifically, McDonnell won’t give a straight answer regarding why there’s an “official” GOP response to President Obama’s State of the Union address (by Tea Partier Marco Rubio), in ADDITION to a Tea Party response (by supposed Republican Rand Paul). The fact is, the Republican Party today is totally confused about how to deal with the extremist Tea Party monster it helped create, hence the mixed messages, awkwardness, etc. From a Democratic and progressive point of view, it’s rather enjoyable…

Wondering about Obama and the Drones

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( – promoted by lowkell)

What does it mean that President Obama has not sought to institute prior judicial review of targeted killing by drones?

I’m not reflexively opposed to the use of drones for targeted killing, so long as three essential criteria are met.  

One of these criteria*  [See note below for the other two] is Review and approval by an independent judicial authority: It should not be possible for the executive branch to take such actions on its own; as with arrest or search warrants, the prior review by an independent judicial body of any such actions – to make sure that the above criteria are adequately met – should be a prerequisite, to close the door to the most serious of abuses of power.

Review and approach by an independent judicial authority is clearly in the spirit of what the Constitution is about.  It accords with the Constitution’s general approach of “checks and balances.”  And it is in alignment with the specific requirement for warrants for search or arrest. If the executive needs a warrant to invade the privacy of someone, or to detain that person, how much more essential should it be to get such permission to kill someone (in a situation in which arrest and a fair trial are impossibilities)!

So why doesn’t our president, a constitutional lawyer, work to establish such a legal framework for now and for the future?

Even if he –or we– feels confident that he will not abuse this drone program, that is not and never has been the point about the vital constitutional checks and balances. The whole system is set up in an attempt to assure that UNtrustworthy can’t abuse powers in a foreseeable future.

It might be argued that there are times when important national security interests of the United States require immediate action, and do not allow for the delays of going before a judge or panel of judges to get approval.

Such problems of urgency have been dealt with before– with the FISA court, for example. With FISA, there’s a provision for having the action first and the approval second, when delay would be too costly. But the principle remains: certain actions by the executive must be independently reviewed, to assure that they indeed meet the established and codified legal criteria, and are not being undertaken for self-serving or other illegitimate reasons.

So again, I’m left wondering what it means that the memos disclosed last week call for no one to enter into the decision or review process who does not work for the president.

It is sometimes said, as if it were a matter of course, that presidents always seek to hold onto powers and never to limit them. That should not be taken by us citizens as any justification. We should insist that our leaders put the well-being of the nation ahead of their own enjoyment of powers.

And besides, if there are good national-security reasons –meeting all the necessary criteria– for the targeted killings, the court established to review such decisions would not be an obstacle to the desired actions. (In the case of the FISA court, only a relative handful of requests were denied, out of thousands applied for.)

So what does it mean that the president has not worked to establish what would seem clearly to be the proper legal framework for such a program?

* NOTE:

The other two criteria that would need to be met are:

    1) An agreed upon level and kind of threat:  There needs to be a codified, articulated set of criteria regarding who would constitute the kind of threat necessary to make a person a legitimate target.  I won’t venture what they should be, but I think it should involve something tantamount to making war against the United States.  No one, I would say, should be able to make war on the U.S. with impunity.  

    2) The impossibility of legal process: All acceptable targets would have to be beyond the reach of the law. Anyone meeting the first criteria whom it is possible to arrest –by American or other legal authorities–would have to be arrested and tried, not targeted by drones.

Andy Schmookler, an award-winning author, political commentator, radio talk-show host, and teacher, was the Democratic nominee for Congress from Virginia’s 6th District.  He is the author of various books including The Parable of the Tribes:  The Problem of Power in Social Evolution and Out of Weakness: Healing the Wounds that Drive Us to War.

Videos: Virginia Democrats Read Passages from Ken Kookinelli’s Crazy New Book

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The following video is from a press conference held a few minutes ago in the Virginia Capitol, with Democratic legislators reading some of the craziest passages from Ken Kookinelli’s new book, “The Last Line of Defense.” I’ve only read the portions that are available on Amazon.com, etc., plus what’s been reported in the newspapers, but let’s just put it this way: it confirms everything we ever thought about this extremist nutjob. Anyway, enjoy the videos (several more on the “flip”)!

NARAL Virginia: Gov. McDonnell Plans Behind-the-Scenes Abortion Ban

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From NARAL Virginia (also see Julian Walker’s scoop on this):

GOVERNOR MCDONNELL PLANS BEHIND-THE-SCENES ABORTION BAN

Proposed amendment would restrict Virginia women’s ability to purchase abortion coverage with private dollars

After months of calling for a commonsense focus on jobs, transportation, and education, Governor Bob McDonnell is now quietly developing an amendment to further restrict Virginia women’s health, rights, and access to safe, legal abortion.

According to a McDonnell spokesperson, the Governor is planning on offering amendments to H.B.1900 and S.B.921, legislation to implement the Virginia health insurance exchange as set out under the Affordable Care Act. These amendments are likely to mirror an amendment offered by Governor McDonnell in 2011, also attached to a health-insurance exchange bill, which prohibits private health-insurance plans participating in the new exchange from including coverage for abortion – coverage that currently exists in nearly 90 percent of plans sold in the private market.  The 2011 amendment also prohibits women from purchasing separate policy riders with their own private money.

Caroline O’Shea, deputy director of NARAL Pro-Choice Virginia, issued the following statement regarding the governor’s proposed amendment:

“It is unacceptable that Governor McDonnell is attempting to hold health care legislation hostage in order to further his agenda of intruding in Virginia women’s personal medical decisions. Despite the governor’s outward focus on other issues this session, it is obvious that his attacks on reproductive rights and health-care access are alive and well behind the scenes. With this latest action, Governor McDonnell and his anti-choice allies once again reveal their true political intentions: intrude in personal medical decisions and erode access to vital reproductive-health care in our state.

The governor’s amendment seeks to take away the coverage for abortion care that is currently included in the vast majority of Virginians’ private insurance plans. Virginia law already restricts abortion access for women who get their health insurance through the government, but now Governor McDonnell wants to expand this intrusion into private insurance as well.

Virginia women deserve access to safe, legal health care for themselves and their families. Banning abortion coverage will further restrict critical access to health care for Virginian women and will only result in dangerous, medically unsafe outcomes.  It is outrageous that Governor McDonnell would jeopardize women’s health in the name of an ideological crusade. NARAL Pro-Choice Virginia and our thousands of member activists will do everything we can to fight this invasive and dangerous amendment.”

Dick Saslaw: The 2013 GOP Ticket’s Best Friend?

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(Interesting argument on the “200-proof politics,” and I’m all for a reasonable transportation compromise on policy grounds, as long as it doesn’t reduce the gas tax (ideally, it would increase it to make up for all the lost years of inflation) and doesn’t raid education and other important general fund items. How hard is that? – promoted by lowkell)

by Paul Goldman

I like Dick Saslaw. But this is a column about 200-proof politics, meaning the chips fall where they may. By end of the week, Terry McAuliffe could have HAD a 95% chance of being the de facto Governor of Virginia. That’s right: the electric car guy might have been be able to drive, without filling up the tank, all the way to the Governor’s Mansion on a route mapped out by Governor McDonnell’s transportation proposal.

The governor’s plan has cleared the House and is now before the Senate. If the Senate simply passes the bill sent over from House, it would presumably be signed by the governor real quick, since there is precedent for the last body to enact legislation to recall it before inked. At which point: Terry Mac, to a mathematical 95% certainty, would be the next governor of Virginia. He would break his smart silence to date, and join Senate Democrats, House Republicans and a conservative GOP governor in backing an historic transportation.

Given what we know today – see Steve Contorno’s column in the Washington Examiner – the 2013 GOP ticket will consist of three individuals who do not support the governor’s plan. This rejection by Republican candidates of Gov. McDonnell would likely spur Lt. Governor Bill Bolling to run as an independent candidate for governor, the only GOP pro-McD hopeful on the ballot, rightly claiming to be the popular chief executive’s true heir. This would create a big split in the GOP, leaving Terry Mac an easy winner, running as the bipartisan business guy who is not afraid to join with the other side to fix problems.

What’s not to like on the Democratic side of the chess board? What would be the GOP ticket’s counter message?  

 

As I wrote yesterday, they might be able to go the populist route: but there is no indication they (1) are ready to do it, (2) have the talent to do it, (3) would be credible doing it, and (4) it would work. It has potential, but there is nothing in the record yet to say this strategy could be executed.

It is far more likely they would simply go the anti-tax mantra, claiming in effect that McDonnell and McAuliffe and Bolling are part of the “high tax lobby.” Say what?

Like I say, the chances of that flying are 5% right now: and that’s only because you got to leave a fudge factor in February for a race not actually up for a vote until November. Nine months is a long time. So stuff can happen.

But looking at things on a pure 200-proof basis: 95 out of 100 times, this kind of political chess board is going to cause a Democratic Party sweep. Bob McDonnell is now some high-tax liberal? Those making that charge would lose total credibility with the Virginians who approve of his performance as governor. When was the last time a Democratic candidate got beat because he had a Republican governor watching his back on the tax and transportation issue? Like never, anywhere.

Except for one problem: Senator Saslaw, and almost all other General Assembly Democrats, are adamantly opposed to the governor’s transportation plan. They have any number of policy reasons. Many consider it simply morally wrong to go from the user fee concept to the sales tax; they feel it is too regressive.

Let me make three points:

First, going to a sales tax actually makes things less regressive, especially if you were to put a small refundable tax credit for the poor to deal with any such concerns. Do the math.

The Democrats abandoned the user fee concept in 1986 when backing the first sales tax for transportation, when they supported allowing localities to pass a local income tax for transportation, and when they supported allowing localities to levy a regional sales tax for transportation. So with all due respect, that ship has sailed.

Sometimes, you got to take Teddy Roosevelt’s advice: The first thing a patriot may need to do is get himself or herself elected to office. So you pull back your jet skis a little. This doesn’t make you a sellout.

Call me damaged goods: But frankly, I see only a phony moral dilemma here. There is no pure and perfect transportation policy. McDonnell’s proposal, like any from Democrats generally or House Republicans specifically, is based on policy to the extent possible, and then politics to the extent unavoidable. It is now down to the 200-proof politics, like it or not.

So the choice is clear. If Democrats pass the House bill as is, game over unless Terry Mac is gonna be like the guys at City College in the 1950’s, blowing a game they should have won because they got a little too cute in their “point shaving” scandal.

OR: Democrats can do what Senator Saslaw wants, help pass a different kind of transportation plan, built around higher taxes, out of the Senate, setting up a conference committee shootout with the House.

The governor’s plan could conceivably be the default position of the Conference Committee. But all bets are off at that point: anything could happen including the whole thing going down in flames in both houses.

More to the point: Even if something passes, it might create such a fog of politics that a Republican could be against it without creating the statewide dynamic guaranteed by Senate Democrats supporting the governor’s plan this week.

So the two choices provide starkly different pictures. One gives Democrats a clean, clear, line in the sand, putting their ticket and Governor McDonnell against the Tea Party wing of the GOP. If this isn’t political heaven, then what is?

The other offers uncertainty, resting on the law of unexpected consequences. Saslaw has a good policy point. But he is on shaky political ground Call me chicken if you want: But I will stick with Coach Lombardi on this one. In politics, run to daylight. They are giving you a power sweep to the right side of the line.

Dems don’t get this but once a century maybe. Why go left? Run down the field for a TD and then run out the clock. Come 2014, it is new cast of characters in Richmond and you got 4 years to indulge in the fruitless pursuit of policy purity.

“Masterful exploitation of procedure” or “dirty pool”?

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For many years the radical gun rights groups have been trying to hide any information on Concealed Handgun Permit (CHP) holders from the eyes of the public.  They have been aided in this process by the ever vigilant folks at ALEC, who have been pushing this legislation in state houses around the nation.  The underlying reason used to justify this secrecy has always been the severe threat to the safety of CHP holders posed by unscrupulous newspapers printing the names of local CHP holders.  This supposedly makes them the target for thieves who wish to steal their weapons.  Never mind the repeated assertion, by the same pro gun extremists, that keeping a gun in the home makes thieves less likely to target your home.  The more likely reason, for the attempts to hide this information, center around the embarrassment caused when CHP holders are found to have committed murders or other serious gun crimes while purporting to be members of a select group of the most law abiding and “safe” gun owners in society.  The fact that mass killers like Speight, Nidal Hassan, and many others, who shot to death dozens of people in recent years, all had Virginia Concealed Handgun Permits, must have been a serious embarrassment to those that seek to perpetuate the myth that CHP’s are only being obtained by the cream of the gun owning crop.  Sadly anyone looking at the seriously inadequate application process, that is now little more than a permit vending service, would realize that almost anyone could obtain a CHP these days regardless of their integrity or lack of it!

In recent years, several bills to hide CHP data have failed to pass muster at the GA, often facing opposition from the likes of; gun violence prevention groups, open government advocates and the press association.  One argument that did have some merit, though it sounded very farfetched, was the idea that a person who takes out a restraining order against a spouse, or other person threatening their life, moves to a new address, purchases a gun for protection and obtains a CHP to “enhance that protection” outside the home, could be endangered by the publishing of their new address in a newspaper.  Ignore for a moment the cumulative improbability of those circumstances all happening in a case where the potential aggressor does not have any other way of finding where there alleged victim now lives, like say the phone book or via mutual acquaintances, friends or relatives, and there may be a point.

This year Senator Obenshain decided to introduce a bill that was narrowly tailored to prevent exactly that improbable event just described.  The bill (SB1335) would have targeted only those who had restraining orders, had obtained a CHP (and presumably changed address).  It would have hidden their basic information only for the period of the restraining order.  The bill was so narrowly defined that it faced no opposition in the Senate Courts from the usual suspects and was reported out 14-1, eventually passing the Senate by a vote of 39-1.  None of the organizations usually opposed to hiding CHP data bothered to speak against this narrowly worded and finely targeted legislation.

However, once the bill passed over to the House, that’s when everything changed!  When the bill was placed before the House Militia, Police and Public Safety subcommittee #1, an amendment was offered by the patron, which gutted all the language relating to protective orders and the bill was transformed into a fully fledged “permanently hide the CHP data for every permit holder” bill, which will no doubt pass the full house with ease.  The only way that this bill could still be stopped is if the Speaker of the House, who seems to be the authority on “germaneness” these days, rules that removing the obvious target of narrowly targeted legislation by amendment, makes that amendment “non germane”.  Should that not be possible, then the only chance comes with the joint conference committee which will review the amendment after it passes the house, but the effectiveness of that depends on the selection of committee members.

Don’t get me wrong, I too think that publishing lists of CHP holders with no valid reason, has little or no value to the public welfare, but you decide – was this “masterful exploitation of procedure”, to get a piece of legislation through the Senate that would have had a poor chance of passing, or was this dirty pool?

Virginia News Headlines: Tuesday Morning

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Here are a few Virginia (and national) news headlines, political and otherwise, for Tuesday, February 12.

*Watching Obama for Signs of Change (“As the president readies his State of the Union address, many associates say he is exhibiting an assertiveness in contrast to the caution he showed in his first term.”)

*Obama vows ‘swift & credible action’ over North Korean nuke test (“However, he was not specific about what steps the U.S. might take against North Korea or to shore up allies.”)

*A reactionary papacy (“The hallmark of Pope Benedict’s tenure was fierce resistance to change.”)

*Another Study Confirms That Taxes And Regulations Aren’t Holding Back Job Creation

*Ted Nugent isn’t the problem (“The problem is all the over-the-top things Republicans regularly say about Obama.”)

*Surprised Virginia Catholics wonder about next leader

*House GOP wants reforms before Medicaid expansion

*Va. Senate OKs bill to let college clubs discriminate

*GOP infighting dominates Virginia legislative session (“Infighting within the Republican Party has so far dominated this year’s General Assembly session, threatening Gov. Bob McDonnell’s legacy-defining legislation with just two weeks remaining.”)

*Bill to allow Northern Va. counties to impose income tax passes Va. Senate

*Virginia governor says he’s open to a deal on transportation package (“In search of compromise, lawmakers say eliminating the gas tax to raise sales tax looks increasingly unlikely.”)

*Felon rights restoration gone for session after proposal fails

*Warner rails agains sequestration, federal budget at UVa forum (Sounds like Warner’s really enjoying his time in the Senate. Not!)

*Virginia GOP candidates won’t touch Bob McDonnell’s road tax plan

*Video calls Cuccinelli part-timer

*Senate panel OKs review of state-federal cooperation

*Va. redistricting furor doesn’t help less-partisan plan

*State revenues surge in January, but McDonnell urges caution

*McDonnell celebrates passage of Educator Fairness Act

*Virginia Senate panel advances 3 school safety bills

*VDOT feeling heat on problems with interstates’ potholes

*Editorial: Expand state college boards (“Student and faculty representatives could provide insights into what’s really happening on campus.”)

Is “Redskins” Offensive or Not? The George Allen Test

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( – promoted by lowkell)

George Allen was regarded as a future presidential contender until a racial slur and subsequent YouTube clip derailed his political career. But would his fate been any different if he uttered the word “redskin” at an American Indian operative?  

The long-standing debate over the name of Washington’s football team is back in the news after the team’s recent success, Thursday’s symposium at the National Museum of the American Indian in which panelists called for change, and Rep. Tom Cole, R-Okla., an enrolled member of the Chickasaw Nation, said he thought the team should change its name.

“It is very, very, very offensive. This isn’t like warriors or chiefs,” Cole told Roll Call, “It’s not a term of respect, and it’s needlessly offensive to a large part of our population. They just don’t happen to live around Washington, D.C.”

At the crux of the debate is whether the term “redskin” is offensive or now more synonymous with the football team than anything else. But when the term is used in another context, it would likely be viewed in a very different light.

Back in 2006, then-Sen. Allen referred to a young, Asian-American tracker as “macaca” as the incident was captured on video. That November, the Republican lost to Democrat Jim Webb by less than half of a percentage point in race that wasn’t decided until after Election Day. The year before, Allen was featured on the cover of National Review, tossing a football, as a future presidential contender.

So what would have been the fallout if the Democratic tracker was an American Indian and Allen looked into his camera, pointed his finger, and said, “This fellow here over here with the yellow shirt, Redskin, or whatever his name is?”

The easy answer would be that it would have been at least as bad for Allen as the actual incident. It’s fair to say that “macaca” is a more obscure and less obvious slur than “redskin” and would have likely had a similar viral effect.

On the other hand, Allen was running in Virginia, which is full of Redskins fans and Allen’s family has deep ties to the team; his father was head coach in the 1970s and brother is the current general manager (although not in 2006 when George was running for re-election).

Because of those factors, it’s possible that Allen would have survived because of the commonwealth’s tolerance for the term. But hearing the term “redskin” used in a different context, would have at least woken people up to the offensiveness of the term.

Nathan is Deputy Editor of The Rothenberg Political Report and Founder of PoliticsinStereo.com  

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A Sick and Broken Spirit

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( – promoted by lowkell)

As I said in that video of mine that went viral, we are up against “a sick and broken spirit” in today’s Republican Party. What is most important in each issue that arises in our politics these days is to see and attack that dark spirit that the Republicans are expressing.

That spirit is visible behind their position on climate change, and on guns, and just about every other issue on our national agenda.

What’s important about climate change is not just the crucial issue of will we act responsibly to avert catastrophe, but also to perceive the grotesque Spirit behind this Republican Party -a Party that, during the election process just past, required its presidential candidates to assert to be false what science is declaring in a loud voice to be true.  

What kind of party would not only allow, but insist upon, disagreement with 97% of the top scientists in the field who are sending our nation, and the world, an urgent message.

What kind of political party would endanger so much of our future in order to reap the political benefits of doing the bidding of the world’s richest corporations?  

What kind of a spirit is it that would use a once-respectable political party to play Russian roulette with the lives of our children and grandchildren, and with the health of life on earth?  

With the gun issue, we have the spirit expressing itself through a politics that deals in absolutes and spits on compromise and treats anyone who deviates from what they say as an enemy to be destroyed. The politics of the NRA are mean and they are dishonest. The NRA lies to make people afraid of phony threats to distract them from the real threat from the sick and broken spirit that’s working to degrade the lives of Americans and the soul of America.

The fight should be waged at a level deeper than just guns. It should be waged as a fight for the spirit of reasonableness, of mutual respect, and blessed are the peacemakers. The spirit of caring about the greater good.

The Republican Party, as a whole, has absolutely no soul now. They have sold their soul for power. Power at any price. Sold it to that power-hungry and destructive spirit. That spirit is what our political strategy should be designed to attack.

Andy Schmookler, an award-winning author, political commentator, radio talk-show host, and teacher, was the Democratic nominee for Congress from Virginia’s 6th District. He is the author of various books including The Parable of the Tribes:  The Problem of Power in Social Evolution.  

Could Cuccinelli Outflank Governor, Senate Dems by Going Populist?

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( – promoted by lowkell)

by Paul Goldman

Keeping to my gut instinct from last year – that the 2013 transportation debate could decide the winner of the governor’s race by the Ides of March – let’s examine a populist political play that worked in Virginia’s past but is not being tried by either Bolling, Cuccinelli or McAuliffe on this issue.

I get the reason Bolling isn’t going populist here; he needs to back McD to the hilt on transportation to have any credibility as an independent candidate in this particular contest. Besides, “Twinky” (Bolling’s nickname) simply isn’t credible as a populist. I likewise get why McAuliffe isn’t going populist here. He is smart to stay silent and let Senate Democrats have the most room to negotiate. T-Mac can wait to see how the chess board plays out. It is the smart play for the front-runner.  

Thus, by default or deduction, the populist play falls into Cuccinelli’s lap. What is the populist play against McD’s transportation plan? Namely, the elimination of the 17.5 cent per gallon gas tax will put millions of real dollars (not Bob Marshall play money) into the coffers of the big oil companies and their distributors, not into the wallets and purses of Virginia motorists. That is to say: the practical fiscal reality of the governor’s plan will be to make Virginians pay nearly $3 billion in new sales taxes to the government that they are currently not paying (using the same 5 year-time frame used in the current legislative debate) and enrich the oil companies by $billions of dollars in the process.  This is not very populist is it?

The comeback from MCD and allies is this bit of populism, namely the elimination of the 17.5 cent per gallon gas tax, will cause gas prices at the pump to drop by roughly the same amount due to competition, since competitors would then have room to drop the price by this amount and still make their same profit. Thus, according to McD and his economic theorists, motorists will save $3.5 billion over this same five year period as money that once went for gas taxes will stay in their pockets.

 

But will gas prices at the pump really drop that much, assuming all things are equal in economic analysis? There is no way for the governor or anyone on his side of the debate to prove it. Or more to the point in terms of political argument: There is no way for the governor to disprove that his plan will not actually lead to the oil companies and their distributors pocketing much of the “savings,” a windfall for them.

In that case, therefore, Virginians will have been suckered, or so goes the populist argument. They are paying huge new taxes but not getting the saving promised at the pump. Lose-lose for the average family, big win for government and the oil companies. Thus, the potential power of the anti-McD populist argument.

“Liberal” populism is based in large measure on attacking big special interests such as oil companies for ripping off the consumer. “Conservative” populism is based in large measure on attacking big government, at the federal or state even local level, for ripping off the taxpayer. Thus, these tend to be dueling populist appeals at times: conservatives berating liberals for wanting to tax the people to feed the government, and liberals berating conservatives for their economic approach which allows big oil to rip off the people at the pump.

Rarely do the two populist appeals converge into one big political weapon to be used against both the Dem and GOP political establishment. Cool huh?

This year, Democrats in the General Assembly did try the anti-oil company populist appeal. But it got no traction because, in my analysis, it was coupled with a call for higher taxes. Thus, it ran into the counter force of the Republican populism based on attacks on feeding a wasteful, bloated government with more tax money. It is too complicated to break through the noise.

However: what if Cuccinelli tries to marry the liberal and conservative populism? He has the megaphone of a run for governor. As I have been pointing out, the politics of Cuccinelli and his side of the GOP opposing a transportation plan backed by both the Governor and Senate Democrats seems way too risky, if not fatal. I could be way wrong here, but this is how my game theory analysis comes out. but I am assuming he comes at the thing from the anti-tax, anti-government Tea Party angle.

However, if one assumes Cuccinelli does not want to back any such transportation plan, then he has two options:

1. Try to kill it in private by working with GOP Senators and Delegates opposed to the measure. Personally, I don’t see how this benefits him. It is lose-lose, he angers the governor either way big time.

2. Publicly oppose it from the liberal/conservative populist side. Lt. Governor Doug Wilder did this in 1986, opposing fellow Democratic Governor Jerry Baliles and his party on a transportation tax plan, saying it raised a regressive tax never used before, making people who didn’t use the roads to pay for stuff when buying baby formula and the like. The experts said he had committed political suicide. I was convinced backing the tax plan would be fatal. There was, and still is, no way to know the right decision on a political basis. He won, but maybe he wins bigger if he plays ball with the establishment.

So assuming Cuccinelli wants to try the Wilder route, he will need a political argument that can withstand criticism from all sides and be popular, or at least credible, with swing voters. Wilder could do it in part because Baliles had promised not to raise taxes, but  did it a few months after winning the election.  

This is year 4 for McDonnell: it is now or never for a transportation legacy. So if Ken Cuccinelli breaks with McD or his party on this, he is “all-in”; it is the ultimate populist play in the history of Virginia. But it has this advantage: it would be rooted in the populist argument on both the liberal and conservative sides of the same coin. No Republican has ever tried it before.

Cuccinelli could say this: While eliminating the gas tax would be popular – and he would surely like to do it – the fact remains what the governor and others want to do will enrich the big oil companies at the expense of average working class Virginians. He would then say – using conservative populism – that McD and his supporters want to make consumers pay billions of dollars in sales taxes on a phony promise sure to bite the average family. Then, using liberal populism, he will claim the oil companies will take advantage of not having to pay the gas tax to the government, but rather pocket that money, not lower prices as McD predicts. He would also need to say that the plan doesn’t eliminate the tolls scheduled to be paid in Tidewater, a key political background.

Would he be right about the public being suckered at the pump? The truth is, there would be no way to ever know for sure. In other words, in politics, one can’t disprove a negative. Thus, you can not disprove a claim that the oil companies will not lower their prices by the amount of the eliminated tax.

Moreover: Come September, there will be evidence on how gas prices have reacted to the change in the law since July 1. Who knows what conclusions will seem reasonable to the public at that point, or by election day?

If you go back to the 1970’s and 1980’s, liberal populist arguments against the special interests proved attractive to GOP and Democratic voters at times. This has been less so in recent years in state politics: Republicans have not made them, preferring their conservative populist anti-government argument and Democrats have shied away from populist arguments since they are seen as anti-business.

Now comes 2013. The business community has not rallied to Cuccinelli; indeed the AG made a big deal about going after Dominion Power. Bolling says the GOP side of this constituency supports him, but McAuliffe seems to sense a real chance at scoring inroads here and thus he is not likely to want to embrace what is seen by them as anti-business. Terry is playing it smart here. The anti-government conservative populism of Cuccinelli has basically been maxed out by his positions over the years.

Meaning: To the extent there still  is a liberal populism afoot in Virginia, the AG basically can write his own ticket at this point. How credible would he be in this role, indeed can you play both sides of the coin in the same campaign? In theory, anti-tax and anti-special interest can be harmonized but it is tricky for sure at best.

In terms of transportation, it seems to rest on this fault line: Can you get sufficient traction on claim that eliminating the gas tax for a sales tax is a sucker play for consumers and a windfall for the oil companies? The basic claim is seemingly consistent with the historic cynicism of American politics.

My gut: If Cuccinelli decides to oppose any final transportation plan agreed to do by the House and Senate negotiators, then the populist argument might be his only way to do it and still have a chance to win this November.

Again, as I have written, game theory says a GOP gubernatorial nominee running in a three-way race against a Democrat siding with a GOP Governor and a GOP LG attacking Cuccinelli for opposing a Republican governor is a bridge too far, unless something unpredictable happens.

But if you are going to go that route, then a simple anti-tax conservatism isn’t enough to make it across that Rubicon. Cuccinelli will have to break out into full populist mode, and bet by election day there is sufficient evidence to cause a voter backlash against the General Assembly’s bipartisan transportation plan at the polls.

Did the liberal populist appeal die with Henry Howell, with Doug Wilder? Moreover, they were Democrats, not a Republican like Cuccinelli. The only time Howell got 50%, the same for Wilder, is when they combined an anti-tax conservative populism with their anti-special interest liberal populism.

No Republican in Virginia has ever managed to do both, even tried due to fear of alienating the business constituency in the party. But if these folks are not going to be with Cuccinelli anyway – and that is the vibe right now – then I ask: What does Cuccinelli have to lose by rolling the dice?

Moreover, it doesn’t take a weatherman to know which way the wind is blowing: he doesn’t want to back McDonnell’s sales tax trade, and he probably believes the liberal populist argument to some degree on big business and the oil companies.

Cuccinelli is the underdog right now. No one has ever been elected Governor when social issues are seen as his or her JOB #1. Cuccinelli as a liberal populist ala Henry Howell? They say if you live long enough, you get to see everything. That would qualify.