Decision Virginia

Despite solid support, Cuccinelli remains opposed to transportation deal

Transportation was one of the biggest issues of the gubernatorial campaign four years ago. Despite what appears to be a solution on the table, it appears it could be one of the biggest issues in 2013 as well.

Ken Cuccinelli (R) and Terry McAuliffe (D), the presumptive nominees for governor of both parties, have picked clears sides in the debate over the plan and are prepared to let voters decide which one is right.

McAuliffe has consistently supported Governor Bob McDonnell's efforts to forge a compromise. This despite some concerns from Democrats that the plan robs too much money from the state's general fund. McAuliffe even doubled down after McDonnell offered up his amendments this week by saying McDonnell was "overcoming last minute roadblocks thrown up by those who prefer extreme gridlock".

That gridlock he is referring to was directed at Cuccinelli, who not only disagreed with McDonnell from a policy perspective, but from a legal perspective as well.  Cuccinelli the candidate was critical of how much the plan raised in taxes. Cuccinelli the Attorney General warned McDonnell that his plan to tax municipalities at different levels was unconstitutional. After McDonnell adjusted the plan Cuccinelli applauded the effort and seemed to indicate the new deal was a workable solution.

But that gets us back to the politics. Legal or not, the transportation funding plan, with its increase in taxes, shifting of general fund monies and creation of new and increased fees in other areas is controversial from a policy perspective. Yesterday on WRVA radio, Cuccinelli made it clear he is still very much against the plan as a policy.

"I have never been for this bill, and I wish you wouldn’t say that," Cuccinelli said to Jimmy Barrett when the host described Cuccinelli as a supporter of the revised plan.  "I did my job as Attorney General to give advice to get it to be constitutional which is my baseline."

So to be clear, on the merits of the transportation plan as policy, Cuccinelli remains decidedly opposed.

"I have not supported this bill," he went on to say. "The only thing that we’ve pointed out is that we helped get it constitutional. That doesn’t mean I like it."

It is early and the bill is not law yet, but the early reviews are overwhelmingly positive.  A new Quinnipiac University poll released this morning shows Virginians approve of McDonnell's transportation plan by a 3-1 margin. In fact according to the survey, Republicans, which have been the most vocal critics of the plan, support the measure by a margin of 32%- 10%.

But it is early.

While those who know about the plan like it, most of the people who responded to the poll (55%) didn't know enough about the plan to render judgment.

That indicates there is still plenty of time and opportunity for both sides to define both the issue and where they stand.

One thing is abundantley clear. McAuliffe is for the plan. Cuccinelli is against the plan.

We won't know until November how that impacts the way people vote.

 

Cantor steps out on immigration

Immigration reform could be one of the biggest topics in the current congressional session. This morning on FOX News Channel House Majority Leader Eric Cantor (R-Henrico) offered a glimpse into an area that the GOP controlled House may be willing to deal.

We talked about the role our local congressman will play on NBC12 First at 4 in an interview with POLITICO Capitol Hill Correspondent Jake Sherman.

The interview can be seen below:

 

 

Sherman wrote about Cantor's role in the discussion Thursday in POLITICO.

Transportation battle creates awkward political triangle

Sometimes it is hard to keep up with who is saying what about whom.

Wait.. did Terry McAuliffe (D) just applaud Bob McDonnell (R)?

Did Ken Cuccinelli (R) attack McDonnell's transportation plan, but now is working to take credit for it?

Did McDonnell just remind people in a not so delicate way just what role Cuccinelli plays in the legislative process?

The protracted battle over Virginia's new transportation funding plan has led to awkward allies defending and attacking each other at strange times. It is partly because of the short truncated legislative session, partly because it was being negotiated during an election year, and all because of the people involved.

It has created a strange political triangle between the two men who want to be governor and the man who currently has the job.

Tuesday's news of Governor McDonnell's plan to amend the passed transportation proposal is a perfect example of how information flows between these three men in a way that is difficult to pin down.

First let's get a few things straight. McDonnell is a Republican and has endorsed Cuccinelli. He has even thrown a few fundraisers for him.

Cuccinelli is also a Republican, but has been very critical of the McDonnell transportation plan because of it's hefty hike in taxes. He also complicated things late last week when, as part of his day job as Attorney General, he warned that a specific section of the transportation plan was unconstitutional. 

Finally, Terry McAuliffe is a Democrat, hoping to beat Cuccinelli. He has not been afraid to attack McDonnell's governorship for its approach to social issues and what he has called a lack of a focus on job creation.

But this controversial transportation deal has forced Republicans to attack Republicans and in this case Democrats to rush to their defense.

As the plan weaved its way through the General Assembly it was Cuccinelli who was one of the plan's biggest opponents. He then issued that public opinion late Friday evening calling the plan unconstitutional. It had the potential to blow the whole deal up.

While Cuccinelli was throwing arrows at McDonnell's plan it was McAuliffe who was there to defend him. He called the bi-partisan deal "historic" and accused of Cuccinelli of pushing gridlock over progress. This was the same McAuliffe who has traveled the state for the last four years spending a lot of his time attacking McDonnell's policies.

McDonnell, meanwhile remained positive. Preferring to ignore Cuccinelli's attacks publicly and instead direct his staff to work with Cuccinelli's staff to craft a solution to the aspects of the plan that concerned the Attorney General as unconstiutional. While on the surface it may have seemed that Cuccinelli's concerns on legality were a surprise, McDonnell said this morning on WTOP radio that the two were in constant contact.

But while McDonnell thanked Cuccinelli as his lawyer for pointing out his legal concerns, McDonnell subtly made it clear that his opinions were just that, opinions. When it comes to policy, he is the decision maker.

"We do not ask for his (Cuccinelli's) permission," said McDonnell. "We ask for his advice."

Meanwhile McAuliffe continued to heap praise on McDonnell for his efforts to forge a compromise and at the same time accused Cuccinelli of working to destroy the plan.

"I applaud Governor McDonnell for once again overcoming last minute roadblocks thrown up by those who prefer extreme gridlock," McAuliffe said in a statement. "By definition, compromise is never perfect for all sides, but Governor McDonnell, Lt. Governor Bolling and Democrats and Republicans in the General Assembly came together to make progress for Virginia."

But this triangle wasn't quite done being connected, because it wasn't just McAuliffe looking to praise McDonnell and look for a way to be a part of a successful outcome. Cuccinelli pointed to the role he played in helping the Governor create something that the courts will find sufficient.

“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" he 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.”

Now the plan moves back to the legislature to vote on the final version of the plan. All three corners of this political triangle could play a role in the final outcome. Their role, and the perception of that role, could play a big role into who wins in November.

Mike Valerio's report on the nuts and bolts of the McDonnell amendments can be found below:

NBC12.com - Richmond, VA News

Cuccinelli warns transportation bill, Medicaid expansion are unconstitutional

It is not binding in any way. In theory it does nothing to hinder the progress of two important pieces of legislation currently sitting on Governor Bob McDonnell's desk.

But late Friday evening, Attorney General Ken Cuccinelli, who is running to become the next governor, released a series of opinions two of which deal with the transportation funding compromise and a plan to open the door to an expansion of Medicaid.

In both opinions, requested by Del. Bob Marshall (R- Prince William County), Cuccinelli points out that specific issues he has with both bills.

On transportation, Cuccinelli takes issue with the plan to charge a higher sales tax in Northern Virginia designed to boost aid specifically to transportation projects in that area.

On Medicaid, the Attorney General said it is unconstitutional for the General Assembly to delegate the responsibility of expanding the program to another committe. He believes it must be handled by the entire legislative body.

It is important to point out that the Attorney General cannot, on his own, prevent these bills from going into law. These opinions are merely responses to queries from legislative members designed to get his take if the laws would stand up if the state were taken to court. As the state's chief lawyer, it would be Cuccinelli's job to defend these laws and he is making sure the people he represents understand his concerns before their passage.

Governor McDonnell is still free to sign these bills into law without any changes. But, having an Attorney General publicly on the record declaring the bill or eventually law unconstitutional makes it pretty difficult for his office to defend it if someone did decide to sue.

McDonnell's office said that the Governor has been in close contact with the Attorney General throughout this process and is aware of his constiutional questions related to the bill.

"Every bill passed by the General Assembly is reviewed by the attorney general," said McDonnell spokesman Paul Shanks. "We will consider that advice as we make a final determination on necessary amendments to the legislation."

McDonnell has until the 25th to either veto or amend the passed legislation. He has been a vocal supporter of both measures, but proposed a much different transportation plan than the one eventually passed. He has since taken hefty criticism from the right who argue the hike in taxes is too much.

There is obviously a political aspect to this maneuver as well. We will talk more about that in a future post.

On eve of CPAC Cuccinelli reveals he has not signed Norquist pledge for 2013

For the last several weeks Attorney General Ken Cuccinelli has been critical of the General Assembly and Governor Bob McDonnell for raising taxes to fund a new transportation infrastructure plan. Cuccinelli has remained strident in his belief that new taxes are not the way to fill new government needs.

The decision by McDonnell brought and continues to bring swift and harsh criticism from conservatives and anti-tax activists. In fact it was part of what kept McDonnell from getting an invitation to speak at the popular CPAC conference, the very conference Cuccinelli will kick off tomorrow morning.

One of McDonnell's harshest critics has been Grover Norquist, president of the powerful group Americans for Tax Reform. Norquist solicits candidates for office to sign pledges promising that they will not seek to raise taxes under any circumstances during their time in office. McDonnell did not sign the pledge, but during the run up to the transportation vote it was pointed out that Cuccinelli had. Cuccinelli signed the pledge in 2003, 2007 and 2009.

In fact up until a report today by Politico he was listed as having signed on for 2013 as well...but not so fast. 

Cuccinelli's staff told Politico and confirmed to me this evening that the Attorney General never signed the 2013 pledge. Even though the group's website clearly states that he has.

Norquist himself was mystified in a quick e-mail to Politico, but two different staff members at Americans for Tax Reform confirmed for me tonight that Cuccinelli had indeed not signed the pledge for 2013. The group said they will release a statement on the matter tomorrow morning.

Thursday is of course the day that Cuccinelli kicks off CPAC.

We will keep a close eye on the developments.

McDonnell huddles with Congressional delegation

Virginia Governor Bob McDonnell (R) met privately with members of Virginia's Congressional Delegation this afternoon, on the same day that President Barack Obama came to Capitol Hill to meet with House GOP leaders.

McDonnell met with the group for a little bit more than an hour and touched on a number of issues of concern to Virginia. Every member of the delegation was in attendance except for Rep. Scott Rigell (R- Virginia Beach) who was stuck in a budget mark up session.

Among them, the need for Congress to pass an internet sales tax bill, which will require companies that sell goods on the internet to customers in different states to charge sales tax. McDonnell is counting on the revenue as a key leg of his transportation infrastructure funding plan. 

The governor also touched on a issue of key importance right now, the future of Medicaid. McDonnell encouraged lawmakers to pass broad federal reform. McDonnell is resistant to the idea of expanding Medicaid at the state level. This despite a plan in the updated budget to form a legislative commission in Virginia to explore the issue. It is of particular need because once the Affordable Care Act goes into effect there could be a whole group of people who don't qualify for benefits and at the same time won't be covered by private insurance.

McDonnell also touched on the sequester, offshore energy development and federal education policy.

He also pushed for passage of the new GOP legislation being championed by Rep. Eric Cantor (R-Henrico) called the Skills ACT which aims to streamline existing Federal workforce development programs.

 

 

VCU Prof picks Brazilian as the next Pope

We cover all elections here on Decision Virginia, even the papal variety. Tuesday on NBC12 First at Four we had a great and interesting interview with Vatican expert Dr. Andrew Chestnut.

Chesnut is the Bishop Walter Sullivan Chair of Catholic Studies at VCU.

Among his specialties is a keen interest and expertise on the church's emergence in Latin America. Early this month, Chesnut predicted on his Huffington Post blog that the next Pope could, and perhaps should, be a Brazilian. The leading contender being the Archbishop of Sao Paulo, Odilo Pedro Scherer

In our interview, Chesnut said his belief is that the College of Cardinals are now hashing it out over two candidates and Scherer is one of them.

 

Here is our interview from NBC12 as we await the white smoke to see if Chesnut is correct:

BREAKING: Bolling passes on independent run for governor

After mulling the prospect for several week, Lt. Governor Bill Bolling (R), has decided against an Independent run for governor. Bolling had been flirting with the idea after deciding that mounting a convention challenge against Attorney General Ken Cuccinelli would be to difficult. 

Bolling has spent the last several weeks carving out a more moderate republican tone hoping that it would allow him the opportunity to serve as alternative to the hard charging conservative style of Cuccinelli. 

Bolling has been very critical of Cuccinelli during that time and even today as he officially passed on the idea of running Independent he still refused to offer the presumptive GOP nominee his endorsement, and appeared to offer the AG one last dig before he exits the stage. 

"Our priority should be on electing a Governor who has the ability to effectively and responsibly govern our state and provide the mainstream leadership we need to solve problems, get things done and make Virginia a better place," he wrote. "Nothing less should be acceptable.” 

Bolling has repeatedly rapped Cuccinelli for being "out of the mainstream". 

Despite his unique stance in the race, few experts believed Bolling could really muster the necessary resources to win a race as an Independent. While he could certainly play an important role in the outcome, perhaps more than any Independent candidate in Virginia history, that role would not be as the victor. Publicly and privately Bolling remained constant in only one standard when it came to him running. He had to be able to win. 

It is clear after surveying the field for the last few months he knew that wasn't possible. 

Bolling's entire statement can be found below:

BOLLING SAYS NO TO POSSIBLE INDEPENDENT CAMPAIGN FOR GOVERNOR

Lieutenant Governor cites financial, political and personal reasons for decision; pledges to continue working to build a better Virginia

Richmond – Lieutenant Governor Bolling today released the following statement: “When I suspended my campaign for the Republican Party's nomination for Governor, I indicated that I wanted to be a more independent voice for Virginia, speaking out more objectively on the important issues facing our state. Over the past several months, I have done just that. I have sought to call Virginia to a higher purpose, focusing more on policy than politics and more on the next generation than the next election.

“This more independent approach to governing led to widespread speculation that I was thinking about reviving my campaign for Governor as an Independent candidate. While that was not my initial intention, the reaction to a possible Independent campaign has been overwhelming, and for the past three months I have been going through a "due diligence" process, trying to objectively assess the feasibility of an Independent campaign.

“Throughout this process my focus has been on one thing - what's best for Virginia? I love Virginia and I want to make certain that we have a Governor who is committed to governing our state in a mainstream way; a Governor who will keep his focus on the big issues facing our state and work with Republicans and Democrats to solve problems, get things done and make Virginia a better place.

“I'm confident I could be that kind of Governor. Throughout my career in public service, I have done my best to stand strong for the conservative values I believe in, while at the same time respecting the views of others and promoting consensus building and results, as opposed to confrontation and gridlock. That's the kind of pragmatic, results oriented leadership we need to make certain that Virginia remains on the right track.

“Given the current political dynamics in Virginia, the prospects of an Independent campaign were very appealing to me, and based on the positive feedback I had received from business leaders, community leaders and citizens all across our state, I am confident that I could have run a credible and competitive campaign and made a positive contribution to the public debate. In many ways I would have enjoyed participating in such a campaign a great deal and I think it could have been good for Virginia.

“However, after a great deal of consideration I have decided that I will not be an Independent candidate for Governor this year. There were many factors that influenced my decision to forgo such a campaign.

“First, I know how difficult Independent campaigns can be. The biggest challenge an Independent candidate faces is fundraising. You can have a winning message, but if you don't have the resources to effectively communicate that message to voters you cannot win. To run a winning campaign I would have needed to raise at least $10-$15M. That's a very difficult thing to do without the resources of a major political party and national donors at your disposal. Based on my discussions with key donors over the past three weeks, I was confident I could raise enough money to run a competitive campaign, but I was not confident I could raise enough money to run a winning campaign. While it is possible that these resources could have been secured over time if the campaign progressed as we envisioned, that was an uncertain outcome and it was too big a risk for me to ask my donors to take.

“Second, running as an Independent candidate would have required me to sever my longstanding relationship with the Republican Party. While I am very concerned about the current direction of the Republican Party, I still have many dear friends in the Republican Party, people who have been incredibly supportive of me over the years. I have tremendous respect for them and I am very grateful for everything they have done for me. I value these friendships a great deal and I feel a deep sense of personal obligation to those who have done so much to make my success possible. I have heard from many of these friends over the past several months. They have encouraged me to not give up on the Republican Party and continue working to get our party back on a more mainstream course. Maintaining their friendship and respect means more to me than the prospects of being Governor and I was unwilling to jeopardize these longstanding relationships by embarking on an Independent campaign.

“Finally, my decision was heavily influenced by a growing dissatisfaction with the current political environment in Virginia. Politics is much different today than it was when I was first elected. In many ways I fear that the "Virginia way" of doing things is rapidly being replaced by the "Washington way" of doing things and that's not good for Virginia. As a result, the political process has become much more ideologically driven, hyper-partisan and mean spirited. Rigid ideologies and personal political agendas are too often placed ahead of sound public policy and legitimate policy disagreements too quickly degenerate into unwarranted personal attacks. This makes it more difficult to govern effectively and get things done. While I still value public service a great deal, the truth is that I just don't find the political process to be as enjoyable as I once did. Because of this, I decided that the time has come for me to step away from elected office and look for other ways to serve Virginia.

“For all of these reasons, I decided that I will not be an Independent candidate for Governor in 2013. However, I truly appreciate the confidence and support of those who had encouraged me to do so and I hope they will understand and respect my decision. “There is no higher honor than the privilege of serving one's fellow citizens in the halls of government. That privilege has been mine for the past 22 years. I am very grateful for the confidence the people of Virginia have placed in me. As a county Supervisor, a State Senator and Lieutenant Governor, I have done my best to serve them well. I hope I have been able to make a positive contribution to the betterment of our state.

“I look forward to continuing my work with Governor McDonnell and the rest of our great team in the months to come. We have accomplished a lot over the past three years, but we still have a lot of important work to do before our term of office is over. After that, I will return to the private sector and look for other ways to serve Virginia. I love Virginia and I will always be willing to do my part to help make Virginia a better place.

“I wish Mr. McAuliffe and Mr. Cuccinelli well as they begin their campaigns. One of these two candidates will have the responsibility of leading Virginia into the future. This is a tremendous responsibility and it should not be taken lightly. I encourage them to run campaigns that are worthy of Virginia; campaigns that focus on the big issues facing our state and offer a positive vision for the future of Virginia. That's the kind of Governor the people of Virginia want and deserve.

“And I encourage the people of Virginia to carefully consider the decision they will make this November. Our priority should be on electing a Governor who has the ability to effectively and responsibly govern our state and provide the mainstream leadership we need to solve problems, get things done and make Virginia a better place to live. Nothing less should be acceptable.”

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Drone moratorium awaits move by McDonnell

A last minute push is on by a coalition of law enforcement groups and economic development organizations to convince Governor Bob McDonnell to soften a bill passed by the General Assembly that puts a two year moratorium on the use of unmanned ariel vehicles or drones by the government.

The technology is still emerging, but libertarian groups are concerned that current laws need to be updated to address the potential. They are hoping this two year cooling period will allow lawmakers to come up with a sensible policy that will allow for their use, without threatening privacy.

But law enforcement groups want the flexibility to use drones during that two year period in the event of an emergency.  They say the process the bill calls for to make the use available is cumbersome.

We broke down the debate for NBC12 News at 11 on Friday. Here is our story:

NBC12.com - Richmond, VA News 

RICHMOND (WWBT)- In the moments after Trooper Junius A. Walker was shot on Thursday, a mad dash commenced in search of the suspect.

It was a search, aided by aircraft. That aircraft was manned, but in the near future it could be handled by un-manned aircraft, also known as drones.

A new bill just passed by the General Assembly has law enforcement concerned that the technology could be put out of reach. This bill, which the governor has yet to sign, puts a two year moratorium on the use of drones outside of a special class of emergency.

The trooper shooting would've probably qualified for the use of a drone, but law enforcement advocates claim the process is too cumbersome to be effective. 

In an emergency situation, like the hunt for a potential cop killer, decisions must be made in an instant.

"It would require time," said Jeff Jones the Executive Director of the Virginia Sheriff's Association. "Time we might not have in the event of an emergency that might be going down."

If Governor Bob McDonnell signs this bill, officers would need approval to put a drone in the air, approval that may not come quick enough.

It is one example of the complications that come with drone technology. Its benefits can be so positive, but it's potential for misuse is limitless, especially in the hands of a powerful government.

"The technology is allowing invasions of our privacy and intrusions of the government in ways that we never could've contemplated," said Claire Guthrie Gastañaga, the Executive Director of the Virginia ACLU.  She told NBC12 that last fall, before she helped craft the bill that puts the two year moratorium on the government use of the technology.

That bill now sits on Governor McDonnell's desk, and groups like the Virginia Sheriff's Association want it changed.

"We want to be there for public safety and for officer safety," said Jones.

But on the ACLU web site Gastañaga counters that law enforcement turned down the chance to help put the bill together.

She claims all her group wants is "the judicious and responsible use of" the technology. Jones agrees the issue should be studied, but is hopeful that the governor considers a short term fix.

"They are complicated legal issues that can be worked out over the two years we just want to be able to use it in emergency," he said.

read and see the rest of the story on NBC12.com

Governor McDonnell is currently mum on the topic. His office said he is reviewing the bill.

You can read Gastañaga full blog post on the issue on the ACLU web site.

A full press release from the Virginia Technology Alliance on Public Safety, which also addresses the potential economic development concerns can be found after the jump.

Warner's press secretary gets engaged over Twitter

In a story that is quickly becoming viral, the press secretary to Senator Mark Warner (D-Virginia) was suprised yesterday, when her boyfriend, Brett Wanamaker asked her to marry him through Warner's Twitter feed. 

Beth Adelson was spending part of a sleepy Thursday doing one of the many tasks of her job, patrolling Senator Warner's Twitter feed. It was something Wanamaker knew that she would be doing. 

That is when she came across this:

Adelson then opened the door to her office to find Wanamaker, a fourth year medical student at Johns Hopkins, on the other side of the door. He quickly dropped to one knee. 

She said YES!

Then the two posed for a picture with the man whose twitter feed will now be a part of their life story forever, Senator Warner:

The unique engagement was picked up this morning on the Today Show and will probably be one of those things that you see pop up on your facebook feed about a thousand times today. So share this version of the story. After all.. we had he first photos on Twitter last night!

Congrats Beth and Brett!