Guest Column by Paul Goldman
Since Ken Cuccinelli was a patent lawyer before getting elected Attorney General, it is fair to ask whether he is paying royalties to George Allen for patent infringement based on the former Senator's 2006 campaign? The reason I ask is this week's story in the Richmond Times Dispatch, clearly leaked by someone who has developed a real addiction reading about himself as a legal "have brief, will travel" gunslinger in 24/7 pursuit of what he calls Obamacare. The RTD story is based on Mr. Cuccinelli eagerly confirming on the record that he has had conversations with the U.S. Department of Justice about fast-tracking his federal district court challenge over the health care law to the Supreme Court of the United States. I can have a conversation with them too by dialing the switchboard operator and asking to be connected to the lawyers handing the health care litigation. Cuccinelli wanted the story for self-evident reasons: he wants to be the one who gets to argue the case before Chief Justice Roberts and company, acing out all the others who have their own federal anti-Obamacare law suits working their way up the legal food chain.
Bottom line: There is absolutely no reason why the DOJ, if it were inclined to seek such rarely granted bypass of the appellate courts, should be favoring the Cuccinelli suit for such a purpose as opposed to the similar challenges. This might change in the future. But right now, this is strictly Cuccinelli displaying that he has a real Jones of addiction for seeing himself as national figure, not a mere state attorney-general doing such mundane things as protecting vulnerable Virginians from financial and other predators.
"Kenny has gone uptown " as they say, his future so bright, he has to wear shades.
Or so he thinks. It maybe that the Public Policy Poll last month is wrong, their results showing Kenny is star only in his own constellation. Yes, Kenny boy has record name ID for an AG, the percentage of voters who are willing to rate his performance astounding. But all that PR has backfired. PPP found that key independent swing voters were strongly unimpressed with their AG, helping to give him an upside down 31-39 negative rating.
Again, one poll doesn't make a truth or trend. But given the RTD story today, they do add up to this: Mr. Cuccinelli may be talking himself out office by thinking he is a lot bigger than is the case.
This same dynamic sunk George Allen in 2006. Conventional wisdom says the heavily favored Senator lost to underdog Jim Webb because of a derogatory comment that Allen made about one of the Democrats staff. But one such comment isn't going to sink a heavyweight like Allen. It takes nothing away from Senator Jim Webb's terrific campaign to state what any good political analyst knows.
But Allen at the time was mentally focused on running for President, the inside-the-beltway crowd having anointed him as one of the first tier Republican hopefuls for the party's 2008 presidential nomination. Allen regard the Senate election campaign as a mere formality and turned it over to the person hired to run his national campaign, who turned out to be incompetent. Precisely why Senator Allen stiff-armed some of the state's incredibly talented GOP consultants, all who were had helped get him elected Governor, then Senator, remains a mystery at least to me. The previous Allen team, even though now older and a few steps slower toward the door, would have known what to do, play damage control, not let thing go viral and consume the Allen campaign from then until election day. First things first: save the Senate seat before you think about national office. But the new Allen team thought Virginia was just a pesky formality, no worry.
Now comes Mr. Cuccinelli, apparently believing his re-election is a formality, thus like Allen free to think about the really important things, worrying about Virginia stuff only to the extent it helps build the national image. Any local criticism is just a fly on the Elephant's back.
Keep thinking those happy thoughts, Mr. AG. At this rate, any credible Democratic for attorney-general in 2013 is going to win as long as he or she can talk and chew gum at the same time. Cuccinelli is going to find out that after he loses, Fox News isn't going to be needing his legal services anymore, there will another hot-shot GOP AG willing to pose for the cameras.
But hey, I like your shades Kenny, whose your eye doctor?