Live Blog with Bob McDonnell
Posted by whackette on Jul 31st, 2007
2007
Jul 31
We are excited to have Attorney General Bob McDonnell here August 1 from 5:30 to 6:30 to answer questions. Please leave your questions here.
July 31st, 2007 at 5:30 pm
Is the proper title General McDonnell? Attorrney General McDonnell? Attorney McDonnell? I’ve never really know how someone address an AG.
July 31st, 2007 at 5:41 pm
What can Virginia do to combat illegal immigration? As I understand it, immigration enforcement is the sole responsibility of the Federal Government, but right now, it appears that letting Congress and the Bush administration handle immigration isn’t working.
How does the Hazelton decision affect Virginia’s ability to battle illegal immigration?
July 31st, 2007 at 5:50 pm
The Attorney General of Virginia is titled “Attorney General of Virginia” (i.e., “the Honorable Robert F. McDonnell, Attorney General of Virginia” and addressed “Mr. Attorney General” or “Mr. McDonnell,” though the former is more proper than the latter.
Why are there two identical threads? (That’s for Mr. Bouchillon, not the Attorney General.)
July 31st, 2007 at 6:03 pm
Mr. Attorney General,
Over a year ago, in your first live blog at Chad Dotson’s blog, I asked whether you would post an organization chart on the OAG website outlining the various divisions and offices to the SAAG level. Has there been any progress?
July 31st, 2007 at 6:18 pm
Mr. Attorney General,
Some voters believe that the Attorney General of Virginia is the Commonwealth’s chief law enforcement officer, presumably as a United States Attorney is the chief federal law enforcement officer for his district. Eighteen months into your term, have you found your responsibilities more akin to a “top cop,” a managing partner of large firm, or as general counsel of Virginia’s in-house legal department?
As a follow up to that question, do you believe that the Attorney General of Virginia should continue to be elected by the voters; or should he be elected by the General Assembly or appointed by the Governor with the advice and consent of the General Assembly (analogous to the federal model)?
July 31st, 2007 at 6:33 pm
Mr. Attorney General,
Across the Commonwealth, candidates are running for clerk of circuit court. Some of these candidates appear to be barely literate. Clerks of circuit court are, among other things, probate judges. (While judges of district courts need not be members of the bar, they are not popularly elected.) Are you satisfied with the minimum qualifications for clerks of circuit court, or should clerks be required to have been admitted to the bar (as Commonwealth’s Attorneys and Attorneys General must be)?
July 31st, 2007 at 9:11 pm
The honorable and rockin’ Mr. AG (because I hate conforming):
Welcome, great to have you, and thanks for answering some questions here at DWJ. I met you at Blogs United 2007, and I must say, it was a true pleasure. You seem to be a straight talker, and I appreciate that. I was hoping you might elaborate on your stance on the smoking ban we briefly talked about, and why you feel the way you do. I will remind you that as a liberal Dem, I totally agree with your stance, and I am saddened that others in my party feel that government intrusion is best regarding this situation.
Thanks!
July 31st, 2007 at 9:43 pm
Mr. Attorney General:
In May 2005, State Internal Auditor Merritt Cogswell
produced a 51-page report which contained 29 specific
allegations of cronyism, waste and misuse of state
property against the Department of Game and Inland
Fisheries. He forwarded that report to the State
Police forinvestigation. In July 2005 the State
Policehad completed their review of DGIF which they
then forwarded to AG Judith Williams Jagdmann. In
August and October 2005, you accepted campaign
contributions for Dan Hoffler and his development
company. Dan Hoffler as you know was former chairman
of DGIF. The abuses sited in the 2005 audit of the
agency centered onfour particular individuals. One of
those four was Dan Hoffler, who underwrote a two-week
African safari in Sept. 2004 with DGIF director Col.
Terry Bradbery. Bradbery along with the 2 other DGIF
officers charged $11,532 for hunting gear on a state
credit card. In January 2006 as then AG, because of
the Hoffler campaign contributions you turned over the
DGIF matter to your Deputy AG, Bill Mims. I know Mr.
Mims has said that he cannot comment to the specifics
of an ongoing legal matter. But I did want to mention
to you comments made by Hoffler in the Virginian-Pilot
in June this year. “I’m shocked”, says Hoffler to the
VP. “I haven’t spoken to anyone about it in almost
three years.” Well, I’m shocked that no one from
your office has contacted Hoffler. Aren’t you too
shocked by this?
July 31st, 2007 at 10:00 pm
Mr. Attorney General:
Welcome, and thank you for taking some time to visit with us on DailyWhackjob.com and sharing your views on the issues.
Two bills introduced to the Virginia General Assembly this past session would have provided for meaningful marijuana reform in Virginia. H.B. 2278 and S.B. 1048 would have expunged first-time marijuana possession offenses. Both bills failed. 1048 by a single vote in committee.
H.B. 2754 was also introduced and would have provided an illegal substances excise tax. This failed legislation would have actually required an individual to acquire a stamp from a state agency for illegal drugs possessed by the individual. There would have been no way to comply with the provisions of the tax without incurring criminal liability. Fortunately this bill failed.
Do these bills illustrate a strain of maintaining marijuana prohibition in Virginia? H.B. 2754 in particular seems akin to the abusive driver fees of taxing an already illegal activity in order to reap the benefits of more revenue. Or perhaps it is an attempt to provide the state with the ability to level tax evasion charges against drug dealers?
Is the “war on drugs†working, or even necessary, in regard to marijuana? Should we decriminalize marijuana, and develop a legal, taxable approach to regulation? Do you consider marijuana a dangerous drug?
As you may know, twelve U.S. states have successfully passed medical marijuana laws, with 13 more states considering medical marijuana legislation this year. How do you view potential legislation that would allow doctors to prescribe marijuana to their patients in Virginia?
Thanks again for your time and consideration. All the best!
August 1st, 2007 at 8:11 am
Mr. Attorney General,
Thanks for answering our questions.
Much has been said about your role in opposing Judge Askew’s reappointment and Governor Warner’s executive order banning discrimination on the basis of sexual orientation.
No one calls is “special rights” when the law says our government shall not discriminate against people based on their race, religion, or gender. Even the late Jerry Falwell dismissed this argument in 2005 and endorsed the notion of employment protections for gay and lesbian people:
“Well, housing and employment are not special rights. I think — I think the right to live somewhere and to live where you please or to work where you please, as long as you`re not bothering anybody else, is a basic right, not a — not a special right.â€
“[C]ivil rights for all Americans, black, white, red, yellow, the rich, poor, young, old, gay, straight, et cetera, is not a liberal or a conservative value. It’s an American value that I would think that we pretty much all agree on.â€
That all said, will you support legislation to codify the language of executive order #1 and prohibit the government of the Commonwealth from discriminating in all PUBLIC employment matters on the basis of sexual orientation? If not, why?
August 1st, 2007 at 8:19 am
Dear AG McDonnell:
Last week, my Senator, Ken Stolle, as chairman of the State Crime Commission studying the issue of illegal immigration, made a first round of recommendations. The full report is due in October this year. You have been an advocate of granting immigration authority to Virginia’s State Police and stated such as recently as last month at the Blogs United conference. Why would you push for this particular authority ahead of considering recommendations from the State’s Crime Commission? Also, one of Sen. Stolle’s recommendations is to require all localities to initiate deportation proceedings against suspected illegal immigrants. This recommendation is apt to find its way to law next session. Meanwhile, there is nothing preventing localities from entering into 287(g) partnerships with the Feds. Doesn’t this new and expanding authority given localities render your idea of charging the State Police with this authority obsolete? How much would it cost for the State Police to be given this authority anyway?
August 1st, 2007 at 9:18 am
Mr. Attorney General,
While your office is charged with defending the statutes of Virginia, almost all of those statutes are drafted by the Division of Legislative Services. Assuming that your office had a disagreement with DLS over the constitutional viability of a bill, do you think you could take E.M. Miller in an arm wrestling match?
August 1st, 2007 at 10:38 am
Mr. Attorney General,
Many thanks for taking the time out to answer our questions here at Daily Whackjob.
As many politicians know, the internet is providing a new medium for opinion and thought within the political arena. That being said, are you a frequent reader of Virginia blogs? If so, which blogs do you read? (hint: Daily Whackjob would be a good answer)
August 1st, 2007 at 10:41 am
General
In a recent opinion, you ruled that a locality could not impose restrictions on smoking that were more stringent than the Clean Air Act. Yet the Norfolk City council plans to do just that, by relying on some language in the city charter.
If Norfolk imposes such a ban, will your office challenge it or will we have to wait until someone brings suit?
On a related note - can citizens ask for an AG opinion?
August 1st, 2007 at 10:42 am
Another question for the Attorney General…
You are a heavily-rumored candidate for Governor in 2009. Given the contentious nature of recent elections on both state and national levels, what would you do to create a greater sense of unity and a less-volitile political atmosphere if you did run for Governor in ‘09?
August 1st, 2007 at 10:46 am
General McDonnell, are you going to run in 09 for Governor?
August 1st, 2007 at 12:25 pm
Mr. Attorney General,
Assuming that the Republicans maintain control of the General Assembly through the 2009 Session, if you run for governor in 2009 will you resign during session in order to allow the General Assembly to elect your successor even if your nomination is not yet certain?
As a follow up to that question, if Bill Mims has not been elected to the Supreme Court of Virginia and runs for Attorney General in 2009, would you support his election by the General Assembly as your successor even if he faces challengers for the Republican nomination?
And, as a follow up to that follow up, would Bill Mims beat E.M. Miller in an arm wrestling match?
August 1st, 2007 at 12:27 pm
Mr. Attorney General,
If you run for governor in 2009, would you prefer to be nominated by primary or state convention? Does your answer change depending on the outcome of Miller v. Brown?
August 1st, 2007 at 3:35 pm
Mr. Attorney General,
There are two lawsuits pending in the Western District of Virginia and a Habeas Corpus proceeding pending in Alexandria where the Division of Child Support Enforcement in Manassas appears to be the subject.
It is alleged that non-attorney employees of the Division are signing Motions for Rule to Show Cause against non-custodial parents, which seems to violate both §§ 2.2-507 and 8.01-271.1 and, more specifically § 16.1-88.03(B) which states:
“Nothing in this section shall allow a nonlawyer to file a…rule to show cause…; or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A.”
The non-attorney employee’s ability to sign pleadings is also put into question in Jones v. Jones (Court of Appeals Record Number 2426-05-4, October 2006) where the Court opined:
“The Virginia Supreme Court did not rest its holding on the fact that counsel admitted he knew his license was suspended, nor does Nerri explicitly carve out an exception to the rule for those attorneys who assert that they did not “know†their license has been suspended. In fact, Nerri stands for the proposition that pleadings may only be filed by one of two persons: an attorney who is authorized to practice law in the Commonwealth, or a party, acting pro se.
From a document I have possession of, authored by one of your Assistants, Craig Burshem, this practice has been going on FOR YEARS.
Can you provided a statutory reference that allows non-attorney employees of DCSE to sign Motions for Rule to Show Cause?
August 1st, 2007 at 5:10 pm
Hey zen, I believe that § 18.2-251.1 of the Code of Virginia provides for medical marijuana in Virginia.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-251.1
August 1st, 2007 at 5:13 pm
Attorney General McDonnell, thank you for answering our questions. Based on contributions, it appears that Pat Robertson is a big supporter of your political career. Do you agree with Pat Robertson’s views on foreign and domestic policy? If not, in what major respects do your views differ with those of Pat Robertson?
As you know, Tricia Stall is running for a General Assembly seat. Many have questioned her commitment to public education based on public statements she has made. Do you support Ms. Stall’s campaign? Do you agree with her stance on public education? If not, in what major respects do you differ with Ms. Stall on public education?
In light of established concepts of federalism, could you please explain why you seem to view illegal immigration as a state and local responsibility, rather than an exclusively federal responsibility? Are there funds available for state and local enforcement of federal immigration laws, or are localities just expected to pick up this responsibility with no additional funding? Have you spoken with Virginia members of Congress about simply increasing ICE funding?
Again, thank you for your answers to these important questions.
August 1st, 2007 at 5:24 pm
“In light of established concepts of federalism…”
Umm, enforcement of a federal law falls under the responsibility of the state as well as the federal government. That is part of an established concept of federalism.
August 1st, 2007 at 5:29 pm
A recent article reported that clerks and judges predict a greater number of trials and appeals due to the new traffic fees. Do you think this is likely to cause problems? If this happens, what kind of finical impact will this have on our court system? If more funds are needed to hire extra staff to deal with these cases, where would the money come from?
August 1st, 2007 at 5:34 pm
Evening everyone. Looking forward to another good hour of taking questions from Virginia citizens. Looks like quite a few are already up. I have to say I’m dissapointed that with only 30 days to go until college football season no one wants my thoughts on the Irish? Oh well, let’s get started, maybe a college football question will show up during the hour!
August 1st, 2007 at 5:37 pm
One note, normally I will copy and paste the question I am responding to, and then answer. Looks like I can’t do that here so I will attempt to briefly sum up what the question is I am answering, and then I will answer it. Hope this works, and my apologies if this makes it go just a little slower.
August 1st, 2007 at 5:39 pm
Question: The first one about what to call me ( no jokes please)
Answer: Kids call me Dad, friends call me Bob. I guess in public I am either Attorney General, or, really, alot of folks just say General for the sake of brevity. I’ll answer to them all.
August 1st, 2007 at 5:48 pm
Question: The second one regarding illegal immigration in the Commonwealth.
Answer: I was just on the radio today on WSVA talking about this very issue, and I think alot of bloggers were in the room when I responded to questions about it at Blogs United. Illegal immigration is a critical issue facing our nation, and it is clearly at the forefront of public policy discussion in the Commonwealth.
I believe the federal government has dropped the ball on this issue, and that failure lies at the feet of the President, and Congress. Both are culpable, and this lack of action needs to be addressed. Unfortunately, my ability to act on this issue is limited. Virginians are tired of being told nothing can be done at the state level when it comes to enforcing our laws and keeping Virginians safe.
One note at the outset. I am second generation Irish. My grandfather arrived on these shores in May of 1912 in New York. LEGAL immigration is the cornerstone of this nation, and it strengthens America. But illegal immigration is different. It represents a willful disregard for our laws, and poses siginificant challenges to our nation.
For that reason I am in favor of Virginia localities having the authority, through 287G, to enforce federal immigration laws in the course of criminal investigations. I issued an opinion on this matter several months ago, confirming this local authority. In the wake of this, several Virginia localities have entered into these agreements, more are looking into it.
We are working closely with ICE to increase enforcement in Virginia, and we are proposing policy changes in the 2008 General Assembly to provide for much stronger state authority to detain and deport illegal immigrants who commit crimes (details will be forthcoming on these) We must get a hold on this situation, we cannot allow the rule of law to be undermined.
August 1st, 2007 at 5:53 pm
Question: The issue of smoking in public places
Answer: Phriendly Jaime, I do remember speaking with you outside CNU on this subject at BU. While there are certainly health issues associated with smoking, in our free market economy our citizens have choices about where to go of their own volition. Many restaurants and other service establishments have chosen to enact no-smoking policies to cater to clients who prefer a no-smoking environment. That is their right to make such rules with their private property. I favor a limited role of government in not forcing free individuals to have decisions made for them, ultimately people can vote with their pocketbooks, and I don’t think government should determine what restaurants do on this issue.
August 1st, 2007 at 5:56 pm
Question #17 regarding Bill Mims and his race for President
Answer: Bill Mims has been an outstanding Chief Deputy AG. He is highly regarded in legal circles and would be an outstanding Supreme Court justice, and I have advocated his candidacy, even though I would hate to lose him. I don’t believe Bill has plans to run for AG, but he did just order 10,000 plastic cups that say “Bill 2009″, so I’m watching him……
August 1st, 2007 at 5:58 pm
Question #8 about DGIF
Answer: The long standing, bi-partisan, policy of this office is we do not comment on ongoing investigations.
August 1st, 2007 at 6:02 pm
Question #5 regarding the role of the Attorney General
Answer: Corey, thanks for the insightful question, it is a very good one. The Attorney General handles both civil and criminal matters, with nearly 2/3 of the work being civil. However, because of the fact that public safety is such a top issue for the public, and easier to explain and write about for the press, that portion of the office mission gets far more coverage. Therefore many think that it is the primary role of the office. It is true that a majority of my legislative initiatives and policy recommendations have been in the area of public safety, law enforcement, and homeland security, which I consider the foremost duty of government.
I strongly feel that the Attorney General should be an elected official to exercise judgement independent of the Governor and the General Assembly
August 1st, 2007 at 6:09 pm
Question #13 do I read blogs and what are my favorites.
Answer: Honestly, I have very limited time to peruse the blogosphere, or frankly do any non-business related personal reading, which is something I miss from before my time as AG.
When I do glance at the blogs, I go to sites like Bearing Drift, Mason Conservative, and Sic Semper Tyrannis. I also like Bacon’s Rebellion for policy. Members of my staff do keep a close eye on the blogs, as they are a great source of information and a good barometer for the mood of the public.
August 1st, 2007 at 6:22 pm
Question #21: The trifecta (those are tough questions)
Answer: I have known Pat Robertson for two decades. He is a philanthropist, educator, entrepreneur, author, and a dedicated public servant, who loves Virginia. He grew up learning about service to others from his father, Democrat Senator A. Willis Robertson. I applaud his outstanding charitable work in Operation Blessing and his belief that we need to understand the faith based traditions that our founders embraced when they founded this country. Many of my friends make comments that I may not always agree with, but I don’t think there is anyone that a person would agree with 100%, except for themselves.
I support Tricia Stall for Senate. Tricia has raised the issue of whether or not our education system can be improved. I have long supported school choice and other creative ways to incentivize the private sector to be active in education of our young people. I support a strong public education system, and will continue to fight for ways, innovative ways, to improve it.
I agree that immigration is primarily a federal government responsibility. However, since they have failed to enact comprehensive reform, our citizens are demanding action at the state level. I will use every tool available to safeguard our citizens from illegal immigrants who commit crimes.
August 1st, 2007 at 6:27 pm
Questions: #15: 2009 and the importance of civility in politics
Answer: 2009 is a long ways off, but yes I am interested in running for Governor. I have spent 31 years in public service and enjoy solving problems and getting things done. I do believe that given the deep divisions in our country and state, exacerbated by the press, a renewed focus on civil discourse is absolutely appropriate, and necessary. I tried to run my campaign for AG focused on issues, and contrasted my positions candidly with those of my opponent. I have great respect for anyone who makes the sacrifice to run for public office, and that will always color my approach to any future races. Governor Kaine and I have a very civil relationship. We disagree publicly on policy issues, and that’s a good thing for democracy. But we do amicably, because that’s what Virginians expect and deserve from their statewide leaders.
August 1st, 2007 at 6:32 pm
Question #14: From my ole pal Vivian about smoking in Norfolk
Answer: We are confident our legal opinion is correct. Sometimes local lawyers disagree with our opinions. We were asked a question about the law on the books, and we gave our answer. It is unlikely that this office would be involved with a challenge to a local ordinance, if it was enacted. Finally, a citizen cannot ask for an AG opinion under the current statute, only certain appointed and elected officials can do so.
August 1st, 2007 at 6:33 pm
Alright folks, looks like the hour is up, as usual, it went quickly. I hope I got to a good number of questions. There were a number of insightful and tough questions. Thanks to the folks here for inviting me, and I look forward to my next blog event, which we will announce soon in keeping with our effort to do at least one blog event a month.
August 1st, 2007 at 7:17 pm
[...] missed it, the Attorney General Bob McDonnell did a live blog earlier this evening over at The Daily Whackjob. Check out the questions and the answers, including the one from his “ole pal [...]
August 1st, 2007 at 8:38 pm
So Phil, “in light of established concepts of federalism,” state and local governments can just pick up illegal immigrants, put them on a plane, and deport them? Better check again.
August 2nd, 2007 at 10:09 am
Prompt…but he answered few of the questions posed to him.
August 2nd, 2007 at 10:20 am
No, but they can arrest them and turn them over to the proper federal authorities.
August 2nd, 2007 at 11:32 am
Yeah Dave… an hour isn’t nearly long enough for a politico to put together acceptable answers. In the future we are going to try to stick with the format we used with Creigh Deeds - open a thread, and leave the politician all day to answer questions at his leisure.
August 2nd, 2007 at 11:50 am
I’d say he did a pretty good job of answering what he could as best as possible given the time constraints.
August 2nd, 2007 at 2:58 pm
I noticed how afraid he is of E.M. Miller.
August 2nd, 2007 at 4:32 pm
Number 40. They notify the feds now, Phil, and the feds don’t pick them up. ICE just will not come and pick them up. So how is this program going to change anything? Answer: it’s not, but it’s going to provide political cover for a lot of cynical politicians.
If you think I’m wrong, Phil, please let me know how to get around this problem. I tried to report an illegal immigrant in March, and ICE would not even take the name. How is this 287(g) program going to make any difference at all if ICE is not willing to pick these people up from the state and local authorities?
August 2nd, 2007 at 9:56 pm
Tisk tisk. Deporting illegal aliens is just rude!
August 3rd, 2007 at 5:52 am
Well, Mad, they’re not all nice people. Some of them are very, very bad people, who commit many crimes and threaten others. They deserve to be put on a boat or a plane and told to never come back. ICE just won’t do that, seemingly regardless of the circumstances.
McDonnell’s plan isn’t going to do a thing to solve that problem, because state and local governments have no control over ICE, a federal agency. It’s not even a band-aid; it’s a complete sham. The federal agency just will not pick these people up. ICE can pick them up now, without 287(g). They won’t. The local agencies are reporting them now, but ICE won’t do anything about it. The reasons why deserve further exploration.
August 3rd, 2007 at 8:16 am
Umm… because we underfund ICE? They have to be very careful whom they try to deport - all too often the courts decide, “Well… let’s not deport this one after all,” further weakening their already pathetic budget.
August 3rd, 2007 at 10:46 am
Are there a lot of cases where courts decide not to deport an illegal alien? I genuinely don’t know, because my only relationship with immigration law is as a client. But it would surprise me if there were, because deportation hearings are in front of administrative law judges, not Article III judges appointed during good behavior. Federal ALJs are subject to reappointment, and they’re executive branch people, not judicial branch people.
August 3rd, 2007 at 12:19 pm
That’s just my point, Mad, this problem can best be fixed at the ICE level,without dumping illegal immigrants into local jails and overwhelming local law enforcement.
As for Cory’s question, we’re talking about cases where the proceeding IS NEVER STARTED, because ICE does not respond to the calls (at all - try it some time and see). It doesn’t matter what the immigration judge does, because the case is never pursued, and the person walks around in public, violating the law without any consequences, while politicians try to shift the blame to some other level of government.
August 3rd, 2007 at 2:21 pm
This problem can best be fixed by purchasing a few Starliners and dropping those beaners over Cancun from 20,000 ft.
August 5th, 2007 at 5:48 pm
[...] #1: I loaded up two questions for AG Bob over at the Daily Whackjob. Neither of my questions were answered. However I did find this response very interesting… [...]
September 30th, 2007 at 11:41 pm
Hello All,
I was reading around some of the posts here and I found interesting things that you guys talk about, I just made a blog about quitting smoking resources and ideas that you might want to check out.
If someone is interested in this topic just go to; http://endthehabitnow.blogspot.com and let me know what you think. Your honest feedback would be greatly appreciated.
Thanks in advance.