Democrats may go after (Wash. state AG) McKenna's budget

[Newsjock]

Source: Seattle Times

Democrats in the state Legislature are considering a budget maneuver to block Republican Attorney General Rob McKenna's involvement in a lawsuit challenging the health-care bill signed by President Obama Tuesday.

Senate Majority Leader Lisa Brown, D-Spokane, confirmed that Democrats are investigating the legality of a budget proviso which would prohibit McKenna's office from spending public money on the lawsuit.

... Brown also sent a letter to McKenna urging him to reconsider his position, which she called "far outside the mainstream interests" of the state.

I'm told that similar discussions are underway in the state House. Both chambers are controlled by large Democratic majorities.

Read more: http://seattletimes.nwsource.com/html/politicsnorthwest/2011420928_democrats_may_go_after_mckenna.html

[bluestateguy]

1. Just give his department no money

A zero budget. Case closed :)

[calimary]

7. Why yes! "Starve the beast!" You know - shrink it til you can drown it in the bathtub!

He ought to know all about that one, faithful republi-CON that he is.

[Cha]

2. I just heard the Governor of Washington

talking about how he didn't represent her and he didn't represent the people who would benefit from the HCR..and she named a few highlights.

[lumpy]

22. Governor Gregoire is steamed about this move by the Attn.Gen.

Hopefully she can put the skids on McKenna.

[depakid]

3. That would be a VERY dangerous precedent to set....

over what's essentially a waste of time.

[gateley]

5. You may have a point -- most 'experts' are saying this suit doesn't have a chance,

so... hmmm.

[zbdent]

11. Should remind people later

how much this "frivolous lawsuit" will cost the citizens of Washington ...

[gateley]

13. Just went to the AG's FAQ on his website -- the cost will be "minimal".

The Answers are some of the most blatant "wtf is he talking about?' type of responses I've ever seen. The little shit -- he's a goner after his term is over.

[pscot]

4. The voters will handle it

I think people voted for him without much information. The attention he's getting will put an end to that.

[madamesilverspurs]

6. McKenna screwed up.

Gregoire knows the legal parameters. She was AG before she was governor.

--

[depakid]

9. Raises some interesting separation of powers issues

Is the governor really the AG's client, as Gregoire insists?

Who does he represent, and how much independent discretion does he have?

Her point about prior consultation (he failed to do so) is well taken, but was it a matter of propriety and good, ethical practice- or does it reflect some underlying state constitutional or statutory requirement?

How much power should a legislative body have over the AG's institution of actions (or the failure to take action)?

[onenote]

16. Some not -so clarifying info from the Washignton Constitution and State law

Per the Washington State Constitutin, the AG is "the legal adviser of the state officers, and shall perform such other duties as may be prescribed by law."

By statute, the legislature has assigned various powers and duties to the AG, including


(1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which the state is interested;

(2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the execution of the duties of any state officer;

....
(5) Consult with and advise the governor, members of the legislature, and other state officers, and when requested, give written opinions upon all constitutional or legal questions relating to the duties of such officers;

....
(7) Give written opinions, when requested by either branch of the legislature, or any committee thereof, upon constitutional or legal questions;

The wording of these assignments of duties is murky enough to leave the question you raise about the duties and role of the AG somewhat unclear. Arguably, none of the enumerated duties covers his bringing the suit.

[KT2000]

8. Contact info

On the upper left is the "Contact Us" link. It has the email, phone and address for his office.
http://www.atg.wa.gov/

This state is broke so he is going to spend tax dollars and take AGs off of other cases to do this??

[Joanne98]

10. Thanks. Done!

[gateley]

14. I emailed him yesterday, but the line was busy all day long. Back at it today. nt

[mrs_p]

12. i just don't understand how he could have been

voted into the AG office twice. i just don't get it. people must have thought he was one of the good republicans or something (like there is such a thing).

[paulsby]

18. i support the HCR bill AND mckenna

i see no conflict there.

it is a very interesting new precedent - the federal govt. requiring people to buy something from a private company.

the bill needs to be subject to judicial review, and this suit will accomplish that.

due process matters.

imo, we did the right thing by passing the bill, and mckenna is doing the right thing too.

let the process WORK

[mrs_p]

19. you support mckenna for AG

in general or just his actions in this case?

[paulsby]

21. i was referring specifically to this case

he already *is* AG, so when there is a new election and somebody else runs against him, i'll have to compare him to that candidate.

in general, i support gregoire, and i understand WHY she is saying what she is saying.

however, i support an independent AG (god knows there are problems when the chief law enforcement officer for the state is a lapdog for the governor), and whatever you can say about mckenna, he is clearly NOT gregoire's lapdog.

prior to this incident, i wasn't aware that mckenna had done anything controversial and was generally respected in this state.

for example, his opinion counter to seattle mayor nickels' "executive order" (shades of bushco) was later upheld by the courts, so that was a big plus in his column

[eridani]

25. I'm the other way around. I oppose the bill and McKenna both

A constitutional suit would be far better off in the hands of some non-partisan NGO with street cred in constitutional law. And I DESPISE the notion of permanently putting mass murderers as intermediaries between me and my doctor.

[paulsby]

26. i think it is the JOB of AG's to do what mckenna is doing

i respect him for bringing it into the judicial review process... where it belongs

[maxsolomon]

20. that's exactly it. he was considered a moderate repubilcan

and WA state is not as blue as you would think from Seattle's presence in it.

in fact, if Seattle weren't in the state, we'd be Idaho.

[eridani]

24. He has gotten by with pretending to be one of the old-fashioned west coast

--Republican mavericks. Pete McCloskey, the Oregon governor who kept beach property public forever and got the returnable bottle bill passed, Wayne Morse, who was against the Vietnam war from the gitgo, etc. He's shown his true colors now.

[auburngrad82]

15. They need to be busting the GOP's chops on spending tax money for these suits

After all they've been spouting off for years about how the Dems are the party of taxes and big government and waste, etc.

let them show how wasting hundreds of thousands in public funds is good for their state.

[paulsby]

17. imo, that violates the spirit of seperation of powers,

whether or not it's legal.

[NavyDavy]

23. nobody said he couldn't brig the lawsuit....he just won't be financed

by the taxpayer dollar