SINCE WORLD WAR II, 10 of Virginia’s 11 attorneys general have run for governor. Nine of those 10, Democrats and Republicans alike, resigned to do so, and for good reason: They were loath to politicize an office whose effectiveness and prestige depend on making legal judgments untainted by politics.
Despite that wise precedent, Virginia’s current attorney general, Ken Cuccinelli II (R), has refused to follow suit. He has clung to his position even as he angled for his party’s gubernatorial nomination, bringing a cloud over his office and casting doubt on its ability to act impartially as the state’s legal counsel.
An unfolding example is Mr. Cuccinelli’s maneuvering over Virginia’s landmark transportation bill, awaiting Gov. Robert F. McDonnell’s signature after the General Assembly approved it last month with bipartisan support. Mr. Cuccinelli, a darling of the tea party and an unyielding conservative, opposed the bill because it raises taxes. It’s unfortunate, and irresponsible, that he attacked a bill that he now may be called on to defend.
“In these tough economic times,” he said, “I do not believe Virginia’s middle-class families can afford massive tax increases, and I cannot support legislation that would ask the taxpayers to shoulder an even heavier burden than they are already carrying, especially when the government proposes to do so little belt-tightening in other areas of the budget.”
Put aside his questionable characterizations of the economy (unemployment in Virginia is low, relative to other states, and falling, and the state has been running surpluses), the bill’s effect on taxpayers (as a percentage of personal income, Virginians pay the 43rd-lowest state and local taxes in the nation) and the state budget, which is quite lean (general-fund spending is roughly at 2007 levels following years of austerity and cuts).
The real problem is that, by acting simultaneously as the state’s top lawyer and an ideologically committed candidate for governor, Mr. Cuccinelli has put himself, and Virginia, in an untenable position.
If the recently passed transportation bill has legal problems, and it very well might since extra taxes are imposed on 2 different localities, then Ken Cuccinelli is going to have a real quandary on his hands. Can he vigorously defend the transportation bill as he should, even though politically he is opposing it? Cuccinelli would have a difficult time campaigning on the one hand, and defending on the other. This dilemma could occur over many different issues that come up over the next few months.
Because he refuses to resign as attorney general. Cuccinelli places the integrity of the entire state, as well as his own, in question.
Cuccinelli should follow the example of the other Virginians and simply resign.