Decision Virginia

Fairfax Chamber/ NBCWashington debate brings fireworks

NBC12.com - Richmond, VA News 

TYSONS CORNERS (WWBT)- We expected this debate to be explosive, and it delivered. Both candidates zeroed in on one specific weakness in their opponent. For Terry McAuliffe it was whether he is ready to be governor.  For Ken Cuccinelli it was his standing with female voters.

Both Cuccinelli and Mcauliffe entered the Capital One building in Fairfax ready to fight.

"Folks, governor is not a good entry-level job," Cuccinelli said of McAuliffe’s lack of experience.

 "Frankly, I think Virginia women have had just about enough of Ken Cuccinelli's experience," McAuliffe said about the Attorney General’s record on women’s issues.

And that is the way the hour went, Cuccinelli accusing McAuliffe of being a slick hustler without a deep understanding of the way Richmond operates.

"He can talk at this topline level like anybody could if they read a few talking points,” Cuccinelli said.  “But he doesn't know how Virginia government works."

Mcauliffe countered, charging Cuccinelli is most concerned about driving a social ideology.

"He sponsored personhood legislation that would outlaw most forms of contraception, would make the pill illegal," McAuliffe said. A charge Cuccinelli rejects.

But both were forced into a defensive posture by moderator Chuck Todd- who showed McAuliffe doesn't know how much his lofty budget plans will cost.

“There's no-- there's no cost to it,” Todd said. “You don't have a number?

"This is why it's important,” McAuliffe responded. “Determine first how much you have.”

And Cuccinelli's was pressed to separate from Texas senator Ted Cruz's filibuster to tie Obamacare's defunding to a government shutdown.

"So you don't agree with what he is doing?” Todd asked of the Cruz effort. To which Cuccinelli replied "I'd like to see Obamacare pulled out of federal law, but you've got to find compromise as we get the budget."

A showdown that taught is quite a bit about these two candidates- with an election now just 40 days away.

Only one more debate is scheduled for October in Roanoke.

That could include the libertarian Robert Sarvis, who is polling as high as 10%, but was not included Wednesday night.

**NOTE** If you'd like to see the debate in it's entirety it is featured on CSPAN's website.

CLICK HERE TO WATCH THE FULL DEBATE

McEachin sues Cuccinelli over FOIA request

Sen. Donald McEachin (D-Henrico) has filed suit over the Attorney General's office decision to require a steep fee for a FOIA request asking for documents related to Ken Cuccinelli's connection to Star-Scientific CEO Jonnie Williams. 

McEachin filed the request asking for a broad search of the entire office for any communication on Williams. The Attorney General's office claims a search of the some 400 employees in the office would be timely and expensive and in order complete the request it would require a cost of at least $15,000.

Cuccinelli's staff offered on two different occasions to sit down with McEachin to narrow the search to for the specific information he was interested in. McEachin considered that request, but then determined that he wasn't interested in the search being any less than what he initially asked for.

"We considered the narrowing, to make it more narrow- but I think the request is appropriate," McEachin said during a Tuesday morning press conference.  "Why do I have to pay for it, why does the public have to pay for it, when from all the reports I've seen- apparently the Cuccinelli campaign, has paid for nothing?"

McEachin's request is based on this Washington Post story which details a lengthy timeline that explains Cuccinelli's relationship with Williams. The story was designed to show that Cuccinelli worked to keep his personal relationship with Williams separate from his work as Attorney General.  McEachin believes the campaign was given special access to internal documents provided by the Attorney General's office to back up the claims in the timeline.

The communication at the center of this controversy is this memo provided by the Cuccinelli campaign to Post reporter Roz Helderman. The memo breaks down Cuccinelli's relationship with Williams. The Post then turned the memo into a lengthy story with in-depth graphics to illustrate the timeline.

According to Brian Gottstein, the spokesman for the Office of the Attorney General, only one document from the office was provided to Helderman and was sent through a companion request of both offices. That document was an email from then Chief of Staff Chuck James discussing the status of the ongoing prosecution of Todd Schneider the former Executive Chef who recently cut a deal to avoid a trial.

The rub comes from a key line in the memo that has Democrats wondering if the campaign was given special information not released to the general public.

The campaign is providing the following information, which has been provided and verified by the candidate, his financial adviser and current and former members of the Attorney General’s Office.

(from memo to the Washington Post)

Gottstein said if McEachin is looking for all the documents provided to the Post regarding that story the e-mail is all he will find. He did provide that document to me. You can see it here.

The information in the memo was compiled independently by the campaign through discussions with Cuccinelli and his associates. Gottstein confirmed the validity of the information that was related to the AG's office after the memo was written. In particular, the middle section of the memo entitled "AG’s Knowledge of Allegations Brought To the OAG By Schneider’s Attorneys".

The discussions that led to the confirmation of that information was not contained in documents and according to Gottstein is therefore not available through a FOIA request.

Gottstein also said that he has provided McEachin, at no charge, the result of every single FOIA request regarding Star- Scientific that the office has responded to.

McEachin believes it is not that simple. He contends the campaign was given special access to the AG's office that the average person or member of the media would not enjoy. That is why he is pushing to have as much information as possible made available.

"It is not what I say was given to the campaign, the campaign said that we have this timeline and it was verified by the Attorney General's Office," McEachin said. "My assertion is that the Attorney General's Office is involved in this is through media reports."

The AG's office disagrees. The final decision will now be with a judge.

McEachin's full press conference can be seen below.

Navigating Virginia in 2013- Virginia Prosperity Project (P2) Hangout

Here the full Google Hangout today hosted by the Virginia Prosperity Project (P2). If you missed it, here is a very nice prep for the upcoming gubernatorial debate.

Thanks to everyone who participated.

 

No.. I did not do the entire hangout with my eyes closed.. I promise.

VAGov Debate Preview

With polls showing the race for governor in the margin of error, Wednesday night's debate between Terry McAuliffe (D) and Ken Cuccinelli (R) could be important.

The debate, hosted by the Fairfax Chamber of Commerce in conjuction with our Washington, D.C. affilate NBC Washington, will be broadcast live on NBC12. It will be the first debate televised statewide and at 7pm, a watchable time for many people.

(Cuccinelli and McAuliffe have met in one other debate hosted by the Virginia Bar Association)

To get your prepared for the debate, I am excited to participate in a Google hangout chat organized by the Virginia Prosperity Project, the political arm of the Virginia Chamber of Commerce. I'll be joined by two smart people who are also keeping a very close eye on this entertaining race.

Dr. Bob Holsworth is the author of Virginia Tomorrow and was the founding Director of both the Center for Public Policy and the Wilder School of Government and Public Affairs at VCU. He is a widely quoted expert on Virginia politics.

Steve Contorno is the Congressional correspondent for the Washington, D.C. Examiner and is also the paper's go-to person on the race for Virginia's next Governor.

The Chamber's Ryan Dunn will moderate the discussion.

The three of us will participate in a round table "pre-game" of the debate in a Google hangout chat that you can view from anywhere.

I will stream the chat live on Decision Virginia or you can sign up to be alerted to the chat starting by clicking on the Chamber's page right here.

The Chamber is also asking for questions through twitter by using the hashtag #VAP2hangout.

The chat starts at high noon on Tuesday. Please join the conversation!

New report sheds light on McAuliffe's role with Greentech

GreenTech, the start-up electric car company founded by the Democratic nominee for governor Terry McAuliffe is once again back in the news.

The company, once thought to be an opportunity to show the candidate's business acumen, has turned into a series of damaging stories that range from the company's lack of progress to the company and its partner organization being under two separate federal investigations.

On Sunday the Washington Post brought GreenTech back to the front page with a lengthy story on how the company is an example of McAuliffe's business practices. The paper, with the help of the conservative leaning non-profit government watchdog "Cause of Action" revealed that despite his resignation from GreenTech at the end of 2012, McAuliffe continues to be touted as "Chairman Emeritus" in a recently released company memorandum.

Here is a section of Tom Hamburger and Peter Wallsten's report:

The pitches to potential investors in a new electric-car company have been unabashed about its promise: It will enjoy “billions” in government subsidies and tax credits, will rise to a dominant position in the U.S. electric-car industry and, perhaps most critically, has a politically connected founder with the savvy to make it all happen.

 

That founder, Virginia gubernatorial candidate Terry McAuliffe (D), is listed in a recent confidential memorandum to prospective investors as GreenTech Automotive’s “chairman emeritus.” The 70-page document includes photographs and references to McAuliffe’s close ties to former president Bill Clinton. It recounts his political pedigree in detail, from serving as finance director for Jimmy Carter’s 1980 presidential reelection campaign to breaking fundraising records for the Democratic Party and chairing Hillary Rodham Clinton’s 2008 presidential campaign.

A section dedicated to GreenTech’s public relations efforts cites only one specific initiative: McAuliffe’s past promotion of electric vehicles on “national television news programs.”

 

Dated March 12, the previously undisclosed prospectus, provided to The Washington Post by the nonprofit watchdog group Cause of Action, notes that McAuliffe is “currently the largest individual shareholder” of GreenTech.

read the full Washington Post story here

The material provided to the Washington Post is only part of a lengthy six month investigation by Cause of Action. The group touts itself as a "non-profit, non-partisan" advocacy group, however it closely aligned with the conservative Franklin Center.  The Franklin Center's journalistic arm Watchdog.org has produced a lengthy series of hard hitting reports on McAuliffe. Their reports on his GOP opponent Attorney General Ken Cuccinelli are far less critical. Take for instance this story on his teen volunteer army.

This new report by Cause of Action (which NBC12 was given an advance copy of) contains a lot of what has already been reported. It goes to great lengths to outline the concerns the Virginia Economic Development Partnership had with the GreenTech proposal and the fast track it was given by leaders in Mississippi.

It outlines the questionable use of the U.S. EB-5 program which helps foreign investors to leverage capital investment in exchange for visas.

They also details the history of GreenTech and McAuliffe's co-founder Charles Wang who recently conducted an interview with the NY Times distancing himself from McAuliffe.

There were a couple of interesting points revealed in the report that are worth spotlighting.

First: GreenTech and it's related entities have contributed more than $85,000 (figure 2 page 24 of the report) to McAuliffe's two separate campaigns for governor. The bulk of that funding came during McAuliffe's failed 2009 campaign and before he decided he was interested in the electric car company business. So far in his 2013 campaign, McAuliffe has recieved only $1,7250 from GreenTech related donors. 

Second: McAuliffe, who has said repeatedly that he is not involved in either of the two investigations related to GreenTech and its partner company GulfCoast Funds Management (GCFM), sent an e-mail (page 15-16 of the report) to Mississippi's then Governor Haley Barbour which states that Mississippi's two senators, Thad Chochran and Roger Wicker both called the Director of the U.S. Customs and Immigrations Services (USCIS) Alejandro Mayorkas to encourage him to help push through 83 EB-5 petitions submitted by GCFM. In the e-mail, McAuliffe writes that he had personally met with then Secretary of Homeland Security Janet Napolitano to voice his "displeasure with the program".

Mayorkas is under investigation by the U.S. Inspector General because of accusations that he was working to give GCFM special treatment to move along their EB-5 requests. GreenTech is under investigation by the Securities and Exchange Commission for the way it went after forgien investment capital.

McAuliffe and the White House admitted that McAuliffe also met with Obama Administration officials about GreenTech. He has said he sought meetings with Mayorkas because of the "bureaucratic pace" of the EB-5 program.

Despite his connections to both high level inquiries, McAuliffe has said directly that he has not been questioned by investigators, he has not retained counsel in the matter and is not the target of any investigation.

While GreenTech has been the source of many headaches for the McAuliffe team, there is little evidence that is has inflicted the damage Republicans wish that it would. Despite a summer of negative reports that included a flurry of television ads and a full half hour documentary on the topic, McAuliffe emerged out of labor day day with a sizeable lead in many polls.

Cuccinelli has had his own problems to deal with as he continues to beat back his connection to the ongoing Star Scientific saga.

However in the last week, Cuccinelli has closed the gap and the race is within a few points with McAuliffe holding a slight lead. The Libertarian candidate Robert Sarvis is a position to potentially play spoiler.

The stage is set for an interesting finish in a race already filled with plenty fireworks. The next big showdown comes this Wednesday as McAuliffe and Cuccinelli share the stage at the Fairfax Chamber of Commerce debate in McLean. You can see that debate live on NBC12 at 7pm.

Chef case ends; political drama lingers

The case against former Executive Chef Todd Schneider may be over, but Democrats are not willing to let it go.

Even though Schneider and prosecutors were able to come to an amicable settlement that convicts the Chef of misdemeanor crimes but keeps him out of jail, Democrats plan to keep up the pressure on Attorney General Ken Cuccinelli whose office was forced out of the case because of a conflict of interest.

Rachel DePompa was in the courtroom and filed this report on the deal between Schneider and prosecutors:

RICHMOND, VA (WWBT) - The Governor's former chef pleaded no contest Wednesday to two misdemeanors involving food he took from the Governor's Mansion.

Todd Schneider, 52, entered the pleas, but maintains his innocence and does not admit guilt. Under the plea agreement presented in court, Schneider pleaded no contest to two counts of misdemeanor embezzlement and was sentenced to six months on both charges. He will not serve any jail time. Those sentences will be suspended. He also agrees to pay $2,300 in restitution.

"The fact that there is a plea agreement in this case vindicates this office's decision to pursue the prosecution of embezzlement charges against Chef Todd Schneider," said Brian Gottstein in a statement from the Office of the Attorney General of Virginia. "That decision was made only after a thorough review of the evidence and was based on upholding the law."

The move avoids a trial that was scheduled for October. Schneider originally faced 4 felony counts of embezzlement. He was accused of taking taxpayer funded food from the mansion for his private catering business. He served as the chef at the mansion from 2010 until 2012— when State Police launched an investigation into kitchen operations.  

In court documents Schneider claimed he was a whistle blower who was retaliated against. The case actually sparked the allegations of misconduct and a federal investigation, which is still underway, of Governor Bob McDonnell. Schneider told investigators the first family took undisclosed gifts from wealthy donor Jonnie Williams. Williams paid $15,000 for the catering at the 2011wedding of McDonnell's daughter. The governor did not disclose the gift because he said Virginia law does not require the reporting of gifts to immediate family members. It was later revealed that Williams gave the first lady, Maureen McDonnell, more gifts. He also gave money to the Governor's real estate company. Those gifts totaled more than $120,000 and have since been repaid.

read and see the rest of Rachel's report on NBC12.com

This case was much more than a legal matter- it's become a political issue as well.

The investigation into Schneider was what initially launched the probe into Star-Scientific. Both the governor and Attorney General Ken Cuccinelli will benefit because more of those sordid details won't be hashed out in a court battle.

But the damage left behind is still significant.

Schneider soon to be out of the headlines the uncertainty over his case is gone, but the political fallout continues.

Democrats continue to tie Cuccinelli and his role in the case-- from the conflict of interest that forced outside counsel- to his connection to Star- Scientific CEO Jonnie Williams.

Cuccinelli's opponents claim that his "bad judgment" left taxpayers on the hook for more than $240 thousand dollars in outside legal bills. It is a tab the Attorney General's office said today will keep running even though the chef case is over.

Meanwhile Governor Bob McDonnell is ready to move on- his legal team released a statement that said Schneider's conviction means his "reckless allegations" against McDonnell and his family are now "completely discredited."

Schneider will pay back roughly $23 hundred. Interestingly- McDonnell himself voluntarily paid back $24 hundred earlier this year in bills racked up by his family.

Still the governor's office maintains his prosecution was just- and his conviction appropriate. "Those are serious crimes," said spokesman Tucker Martin. "It is unfortunate these actions occurred and we are pleased that justice has been served."

McDonnell's administration will move on- but the more immediate impact is on that race for governor. A race that remains tight. A Quinnipiac poll out this more shows the race within the margin of error but the Democrat Terry McAuliffe holding a three point lead over Cuccinelli. The libertarian candidate Robert Sarvis takes 7% of the vote in the survey.

Buying A Voice: Global Crossing Ad

In our first "Buying a Voice" of the gubernatorial campaign we take a close look at an ad already generating some controversy.

The ad paid for by Republican Ken Cuccinelli's campaign for governor takes aim at a business deal from his opponent Terry McAuliffe's past- Global Crossing.

  

The ad features former employees of the company that the Democrat McAuliffe invested $100 thousand in-- but saw a return in the millions of dollars- anywhere from $8 million to $18 million.

But while McAuliffe and others made money- the company itself went belly up leaving many-- like those featured in ad without a job.

"I got walked out and that was it,” said Deb Goehring in the ad.  “My career was over."

The problem is the two of the three stars of the ad-- have told multiple media outlets-- including the liberal web site Mother Jones, that they had no idea they were going to be a part of a political ad-- and that their problems with the company had nothing to do with McAuliffe.

The ad is paid for directly by the Cuccinelli campaign.

The Cuccinelli campaign stands by the facts in the ad. Top adviser Chris LaCivita said the people interviewed signed waivers agreeing for the interviews to be used in a number of different ways.

Despite calls from the McAuliffe campaign to pull the ad, the Cuccinelli team said the ad will quote "run it's course."

McAuliffe has no plans to return donation from businessman at center of D.C. controversy

Terry McAuliffe, the democratic nominee for governor of Virginia has no plans to return a relatively small $2,500 donation given to him in 2009 by Jeffrey E. Thompson a businessman at the center of a controversy involving the mayor of Washington, D.C..

Republicans, including Virginia party chairman Pat Mullins, called on McAuliffe to return the donation after a Washington Post report this morning that revealed Thompson's association with a plan to pay "street teams" for get out the vote efforts for Hillary Clinton's 2008 campaign for president.

According to the Post, the street team effort cost more than $600 thousand and was never reported to the Federal Elections Commission as required by law.

The revelation connects Thompson, who is accused of financially backing a secret campaign fund for D.C. Mayor Vincent Gray, to McAuliffe by way of Clinton. McAuliffe is close family friends with the Clintons and served as co-chair of Mrs. Clinton's 2008 campaign. Post reporter Ben Pershing detailed McAuliffe's direct connection to Thompson.

Thompson has not been charged with a crime but the looming investigation has cast a pall over Gray's administration. It has also led high profile Democrats like Sen. Tim Kaine (D-Virginia) Gov. Martin O'Malley (D-Maryland) and even President Barack Obama himself to return their donations. 

Mullins said today that McAuliffe should follow their lead.

"Given Thompson's actions and the fact that other prominent Democrats have already acted," said Mullins.  "The right thing for Terry McAuliffe to do is to return these tainted contributions."

McAuliffe's campaign- which spent the last several weeks pushing their opponent Attorney General Ken Cuccinelli (R) to return or donate gifts given to him from Star Scientific CEO Jonnie Williams- dismissed the Republican call as attempt to take attention away from Cuccinelli's campaign.

"This is a pathetic attempt by Ken Cuccinelli to try to avoid answering questions about federal investigators questioning him over his ties to Star Scientific and the $100,000 he got from the out-of-state energy company his office was helping in their legal fight against Virginia landowners," said McAuliffe spokesperson Josh Schwerin.

Cuccinelli announced plans Tuesday to donate the value of the gifts from Williams to a Richmond charity.

The donation from Thompson was to McAuliffe's failed 2009 bid to capture the Democratic nomination for governor. That specific account has been closed.

Cuccinelli donates Star cash, says Williams never got special treatment

RICHMOND (WWBT)- In an about face- Attorney General Ken Cuccinelli (R) made a big move Wednesday. After weeks of turning back calls to do so, he decided to donate the value of gifts given to him by Jonnie Williams the CEO of Star Scientific to charity.

Cuccinelli said it is the "right thing to do" even though he believes initially receiving the gifts was not unethical.  Democrats call the move purely political.

(Cuccinelli spoke to us at the NBC12 studios in Richmond)

The issue is hanging over his campaign for Governor and Cuccinelli knows it.

"I'm trying to wipe the slate clean here," he said in a one on one television interview granted only to NBC12.

After months of criticism from democrats- even a billboard over I-95, Cuccinelli will now donate the value of gifts, $18 thousand dollars, to the Crossover Healthcare Ministries in Richmond. *UPDATE- Cuccinelli's campaign said Wednesday that the Attorney General would not persue a personal tax deduction for the donation.

He came to the decision- after talking to both supporters and opponents, but it still took some.

"I don't think too many people in Virginia that can just write an $18,000 check and I am with them," Cuccinelli said.

He said the funds came from a mix of his own personal assets and help from family members.

Democrats argue it is less complicated than that. They point to Cuccinelli's past where he took some time to donate $50 thousand in campaign contributions from a Bobby Thompson, a man later accused of running a fake charity for Navy Veterans.

"He waits until he is getting pressure from all sides and then he finally does the right thing," said Del. Jennifer McClellan (D- Richmond)

McClellan contends that this is not enough. She believes he also needs to step down from the Office of Attorney General.

"I think there is more that he can do to completely put to rest all of the conflicts,” she said. “Until he does that I don't think it is going to go away."

Cuccinelli admits the perception is not good, but claims he never gave Williams preferential treatment.

“Absolutely,” Cuccinelli responded when asked directly if he can could state emphatically that Williams never benefited from his relationship with the Attorney General.

Democrats have pointed to one specific instance, a tax fight that Williams was engaged in with the Commonwealth of Virginia. They claim the Attorney General took his time in prosecuting the case.

Cuccinelli and his deputies in the Attorney General’s office have said that he was personally “walled off” from the Star Scientific case. They provided the Washington Post a timeline that shows how the office handled the case. Cuccinelli told us that at one time Williams complained about his tax situation, but it was before the case was filed and he never asked for any help.

“He moaned one time about how he had been treated by the tax department,” Cuccinelli said. “But there was no case and we didn’t talk about it.”

Cuccinelli asked Richmond Commonwealth’s Attorney Michael Herring, a Democrat, to personally review his connection to Williams. Herring found no evidence that Cuccinelli broke the law.  Cuccinelli said he also was questioned by federal investigators about Williams, but was never the target of any investigation.

“Yes, I was asked questions about Jonnie,” he said. “But that was months and months ago.”

The Attorney General and candidate for Governor is now hoping this issue is in the past. He said he is ready to start talking about the real issues in the race.

“I called people together to share my mistakes and then turned it over to a Democrat prosecutor who cleared me of any wrong doing but that doesn’t mean the people of Virginia are happy with it,” he said. “Obviously the people of Virginia aren’t happy with it, we are trying to wipe the slate clean so we can focus on the real issues that matter in people’s lives in Virginia.”

Extended clips from our interview:

On why he decided to give back the gifts:

 

On his connection to Jonnie Williams, Governor Bob McDonnell & his role in the investigation into the matter:

 

Cuccinelli: donating Star gifts is the "right thing to do"

We just wrapped our one on one interview with Attorney General Ken Cuccinelli (R) where he explained his decision to donate the value of gifts given to him by Star Scientific CEO Jonnie Williams to the Richmond based charity Crossover HealthCare Ministries.

Our full story with Cuccinelli will air tonight at 5 & 6 on NBC12, but here is a brief preview of our interview.

The Attorney General tells us that it was not "unethical" to accept the gifts from Williams but donating the value of the gifts was the "right thing to do" and was a decision he made after hearing from voters across the Commonwealth.

Cuccinelli also explained that as the father of seven children, gathering together $18,000 was not an easy chore.

A preview of our interview can be found below: