Tonight was the Northern Virginia debate for the Republican Attorney General contestants. The event seemed well attended – roughly 200 on a weeknight and the candidates fielded excellent questions from media panelists and the audience.
So, here are a few of my highlights:
Everyone got a good laugh line in – including the moderator!
Jim Gilmore moderated the debate with aplumb — but he started to close the event without giving Cuccinelli the chance for his closing statement. LOL.
Cuccinelli commented that he had never seen a fashion clause in the 2nd Amendment. He was referring to the woman who had been denied a license for her firearm in DC because the weapon was two-tone, rather than black. LOL.
Brownlee observed that none of the candidates were using a teleprompter that evening – and he had news for the President: “it’s not that hard.” LOL.
Responding to a question on whether there is a place where we need to be ‘softer’ on crime, Foster noted that he wasn’t about to come out for cockfighing or wife beating. LOL. it was sort of funny in context, but maybe you’d have had to have been there!
All in all, the candidates positions were very similar but each clearly articulated his distinguishing characteristics. And, yes, I caught one sin of commission and one of omission in their articulations.
Foster’s performance was stronger than expected and it needed to be if he was going to extend his support very far beyond his paid staff. Even so, he has a hard time avoiding sounding weak with his constant references to his school board record – even when it had no bearing on the question being asked.
Brownlee was strong – perhaps even too strong. No one in the room could doubt his message: Prosecutors win. I’m a prosecutor. I should win. Plus I’m a conservative and a veteran. Unfortunately, his messaging was sometimes weak on specifics and long on repetition of this theme. Worse, he tended to come off as condescending to his competition, suggesting that an AG race is for the big boys and Cuccinelli shouldn’t even be running. Overreach, Mr. Brownlee.
Cuccinelli was a solid performer. He demonstrated his deep knowledge of the legal issues handled by the Attorney General’s office and the office’s role on wide variety of matters. He answered every attack leveled at him by Brownlee, distinguished himself on several points and closed memorably. While short of a knockout win, he did everything he needed to in this debate.
So, here’s my basic rundown. I’m going off of a dozen pages of notes, so I’m not quoting the candidates unless I use quotation marks.
OPENING STATEMENTS
Foster
Focused on his experience in a large law firm and his ability to work w/ business, relate to business and cut through red tape.
Cuccinelli
Touted his record as the only surviving Republican of the 10 state senators in NOVA. He has a long record on all the issues the AG runs and governs on. While the emphasis is different between the AG’s office and being a legislator, the issues are strikingly similar, especially because of his experience on the Courts of Justice committee. The three counties that must be flipped vs. 08 results for the GOP to win are Loudoun, Prince William & Henrico. Has a priven record of winning as well as a track record of bringing votes to the rest of the ticket.
Brownlee
We are all conservatives here. That’s the good news. But it takes more to win. voters like to choose prosecutors for AG and he’s the only prosecutor running on the GOP side. The Dems have a prosecutor. The winning model is Conservative-Prosecutor-Veteran. He’s the only candidate running who fits that model.
media panelist questions
The first two questions dealt with illegal immigration
Here, the candidates really didn’t disagree with each other very much. Foster referred to the federal responsibility for the overall problem while promoting local and state use of 287(g) authority and promoting employer use of e-verify. Cuccinelli noted his promotion of 287(g). Maybe I missed something but Brownlee appeared to avoid that subject and focused instead on continuing McDonnell’s policies and convening joint federal / state / local task forces to deal with chain of custody issues surrounding illegal aliens who commit violent crimes.
Death Penalty: Triggerman Rule
This was the clearest area of difference between the candidates. Cuccinelli stood out from the crowd for, in his words opposing the largest expansion of the death penalty proposed in Virginia. Foster presented a nuanced agreement with elimination of the Triggerman Rule (which says you can only get the death penalty if you commit the actual crime). Cuccinelli explained the rule in more detail, stating that there are three exceptions under current law: murder for hire/ gang activity/ terrorism. He also supported a recent targeted expansion of the death penalty, when trial witnesses and judges are the targets of the crime. Cuccinelli affirmed his strong support of the death penalty and his record on the Courts committee of stopping Democrat legislation designed to subvert it. Brownlee suggested that Cuccinelli’s opposition to expanding the death penalty meant he would not use this tool as AG, a claim Cuccinelli denied. At one point, later in the debate, Brownlee even suggested that Ken should not be running for AG if he did could not support expansion of the death penalty for “moral reasons.” He suggested that law enforcement would not respect an AG taking Cuccinelli’s stance. Cuccinelli noted that he had local law enforcement’s endorsement in his last election.
Gun Rights
All the candidates expressed support for the 2nd Amendment. Cuccinelli touted endorsements from the GOA and VCDL. Cuccinelli received strong support from the crowd when he insisted that if the federal government directs a state action that is contrary to the 2nd Amendment, he would use every tool at his disposal to assert state sovereignty because the “10th amendment gives states power to fight back.” Brownlee & Foster both referred favorably to the Heller decision. Foster noted that he opposes repeal of the concealed weapons permitting process and Brownlee noted that he got 100% on the VCDL / GOA questionnaires, even though he wasn’t endorsed by them.
Consumer Protection, Children, the Internet & Fraud
Brownlee referred to his successful prosecution of a sex offender and prosecution of executives who mislabeled Oxycontin. Foster referenced his experience on McDonnell’s Internet Safety Task Force as well as the crucial role of education in protecting children from predators. Cuccinelli outlined two types of internet crime: exploiting kids and financial crimes. He noted his record as a Senator, giving more tools to prosecutors and increasing penalties for violent sex offenders.
What does being a conservative mean to you and how will it inform your role as AG?
Foster talked about running as a conservative in Arlington and opposing bilingual education / lowered standards as a school board member. Plus working to keep the school bond (for construction) down.
Cucinelli ran through a whole list of issues that define conservatism:
15 or 20, 000 votes say “I’m a conservative.”
Brownlee stated that he too believes life begins at conception and should be protected and that marriage is between one man and one woman. He thinks that we are taxed too much and spend too much. Brownlee drew a parallel to his service as an Army Ranger and how that’s not for everyone and suggested that if Cuccinelli has a moral opposition to the death penalty, then maybe he’s not prepared, he shouldn’t run for AG.
Given the high prison population, have we gone too far in being tough on crime and is there a place we should be softer?
Cuccinelli outlined his success on the Courts Committee and Rehabilitation and Social Services Committee in protecting the reforms put in place under Allen. He noted that that under the current system, we’ve gone from 50% of those incarcerated being violent offenders to 70%. He drew laughter with his example of opposing opposing raising penalties for chickenfighting to the level of a felony. He noted that chest-pounding in this arena can obscure a complete view of the justice system. He argued that the punishment should be proportional to the crime – someone who punches a cop or his wife shouldn’t receive a lighter sentence than someone who bets on a cockfight.
Brownlee and Foster both disagreed about cockfighting and said there is no place where they would be softer on crime.
Question about CAs and AG working together and working w/ other agencies to combat fraud.
Foster touted the success of McDonnell’s medicare fraud task force. Brownlee suggested expanding the AG’s office along this model and the need to ensure that stimulus dollars are properly used. He mentioned an AG office like that of an Inspector General. Cuccinelli jumped on the Inspector General idea, noting that he had proposed the creation of such an office but that the bill had been killed in committee. He believes the Inspector General is a valuable position but feared by agencies that don’t want oversight. Cuccinelli noted that legislators don’t have adequate resources to provide sufficient oversight. Brownlee said that as a prosecutor, he would be respected by the GA and would be able to get them to pass legislation empowering an Inspector General where Cuccinelli had failed.
Disappointing election results for the GOP recently. What needs to change?
This is where Cuccinelli most clearly separated himself from his opponents in connecting with the grassroots audience. Foster talked about his success in winning school board twice in Arlington and the need to talk about the economy. Brownlee stressed optimism due to the response he’s getting from Republicans around the state. He noted that the public demands a veteran and a prosecutor and that’s what he is – a well qualified candidate who can articulate a conservative vision. Cuccinelli backed up to 2005 when the VA GOP went into a tailspin because Republican leadership failed to govern consistent with what they SAID were their core principles. He mentioned that even now, 40% of the earmarks in the pork laden budget were from the GOP. He noted that he has always been outspent but always won and he is running the first grassroots statewide campaign since 1993. His campaigns are the best grassroots operations in Virginia because of his conservative principles.
Foster noted that the AG’s office is not just a prosecutors office and that all six former AG’s who have won the office were experienced campaigners – Brownlee is new to seeking elected office.
audience questions
Eminent Domain generally and, specifically, with regard to installation of high voltage power lines.
Browlee & Foster agreed that Kelo was a terrible supreme court decision. Both declined to answer the portion of the question about power lines, pleading the possibility that they would have to address the question officially, if elected. Cuccinelli pledged to continue his leadership role on eminent domain issues and protecting private property rights. He noted that the AG office has role in discussing the placement of power lines before the State Corporation Commission. As AG, he pledged a two prong test in addressing this issue: (1) is the energy needed in VA, (2) is the taking quarantined – with the power lines making use of existing right-of-ways wherever possible. Cuccinelli noted that the AG’s office will have a very important role in the regulatory process where energy and economic concerns connect.
Addressing Mental Health Law
Foster focused on information sharing and his work on community residences for those in Arlington w/ mental health challenges. Cuccinelli highlighted his prescient work on mental health law in the VA Senate. He was four years ahead of the curve on legislation in this area and many of his past ideas are now incorporated in current law. Although frugal, he noted his support for more spending in this area because “government has a role in helping those who through no fault of their own cannot help themselves.” Brownlee talked about the AG as an advocate for more resources and access for those who have mental health issues and talked about a video called “Meth Kills” that he worked on for school kids. Cuccinelli reminded Brownlee that the AG does not deal with judicial process directly or serve as an advocate on mental health issues; rather, he explained, the AG uses staff and expertise to address the state’s policy shortcomings. Cuccinelli noted that he would continue this policy role as McDonnell has but that it will take years to fix the system.
What is the most pressing legal issue you see and how will you solve it?
Cuccinelli noted that the economy is the most pressing campaign issue and that the AG’s office is involved in regulatory aspects of this. He promised to “free up business to do business” and get the government out of the way so that struggling small businesses can preserve jobs. Cuccinelli says he would enforce appropriate regulations but work to eliminate burdensome and redundant regulations. Brownlee says he would take a different approach and focus on making Virginia a safe place to live and do business because the economy is more likely to grow in a safe state. Foster said he had nailed the economy as the top issue in this race before his competitors had and noted that as a business attorney for 28 years, he can speak to the needs of the businesses that create jobs.
CLOSING STATEMENTS
Brownlee
says that there is a working model: VA trusts the conservative-prosecutor-veteran. Cuccinelli is a patent attorney. Foster is a business attorney. The Democrats are putting up a prosecutor and we should too. The public picks prosecutors because they want safety and how can his opponents answer the public’s concern without ever having prosecuted a case, especially when Cuccinelli supports the Triggerman rule.
Foster
noted his long roots in Virginia and his experience in the GOP as well as having won in Arlington. He mentioned being John Warner’s Arlington Chair and having the support of Randy Minchew and Bob Gordon in Loudoun and Tom and Jeannemarie Davis in the 11th.
Cuccinelli
2009 is a big opportunity for the GOP after 4 years of losing because of our own departure from principle. Never, in recent times, has someone tried to run statewide with no prior experience running for or winning elected office. It is predictable that Brownlee defines a model and fits his own model but the only model that matters is what you see. I’ve run on the issues – and won repeatedly – in Fairfax! Everyone claims to be conservative in a GOP primary but I have been doing what’s right all along and winning anyway. I don’t want to lose but I’m willing to lose rather than sacrifice core principles. I’m prepared to win in a grassroots battle.
So, what’s the score? I don’t know. I think Cuccinelli and Brownlee both outperformed Foster but the latter, I heard several people say, did better than they thought he would. Brownlee used a sledgehammer to pound in his points at times when he could have made them with a paintbrush! He didn’t succeed in putting Cuccinelli on the defensive though that was clearly his intent. Cuccinelli seemed to connect with the grassroots and yet at least one very conservative voter I talked to was still undecided after the debate.
What about the fact check? Earlier I mentioned that one candidate committed a sin of omission and another of commission. Here’s my take on that –
Foster repeatedly touted his victories on the Arlington school board (even in minority areas) despite being a Republican. Oddly enough, he failed to mention that school board is a non-partisan position. I’d be curious if he can produce palmcards that show he was running as a Republican endorsed candidate or something like that. Otherwise, that’s a curious omission, especially since Cuccinelli has won in Fairfax with an R after his name – while other Republicans have lost a lot there lately.
Brownlee claims on his palmcard and during today’s debate to be 100% pro-life. Yet, in the drill down, he says he doesn’t believe that state protection of preborn life should extend to those conceived in less than ideal circumstances – like rape and incest. Now, that’s only a small percentage of situations and Brownlee can claim very good company in those exceptions. But, the question is, can he really claim to be 100% pro-life, when his view would end roughly 97% of all abortions? Is that a sin of commission? When Cuccinelli claims to be 100% pro-life, we all know he means it, even though his is not a politically popular position.
