DPVA: It’s time for Cuccinelli to “Come Clean” on Cost of Frivolous Health Care Lawsuit to Taxpayers
I’m not sure what is more troubling: the fact that Virginia’s Attorney General Ken Cuccinelli is choosing to waste taxpayer money on a frivolous lawsuit challenging the recently passed federal health care reform law or the fact that he won’t come clean on what the actual costs are to the taxpayer?
In a recent Freedom of Information Act (FOIA) request by Virginia Democrats, Cuccinelli chose to hide information on the cost of the lawsuit versus coming clean with Virginians. Well it’s time for Cuccinelli to come clean and stop using the resources of the Attorney General’s office as a slush fund to further his political agenda.
As DPVA Political Director Don Mark rightfully noted, in email earlier today, “as we all know, a lawyers greatest asset is his time and Cuccinelli has still refused to divulge how much time his office is spending on this ideological lawsuit.”
The Democratic Party of Virginia today chose to call him out on his evasiveness and filed a second FOIA request. Nice job, but I’m not holding my breath on the Cooch “coming clean!”
Virginia Democrats File Additional FOIA, After Cuccinelli Refuses to Answer Taxpayer Questions
DPVA: ‘Virginia’s Attorney General appears to have gone rogue’
RICHMOND – Virginia Democrats filed a second Freedom of Information Act (FOIA) request with Attorney General Ken Cuccinelli on Tuesday, after his initial response avoided answering any questions on the resources expended on a federal health care lawsuit.
Democratic Party of Virginia Executive Director David Mills asked Tuesday for Cuccinelli to come clean with Virginia taxpayers about how much taxpayer-funded staff time was going into Virginia v. Sebelius, Cuccinelli’s health care lawsuit against the federal government. The DPVA’s second FOIA included requests for:
The schedules of Ken Cuccinelli, Solicitor General Duncan Getchell and Deputy Attorney General Wesley Russell for the month of March; a log of communication between Cuccinelli and national Republican political organizations about the lawsuit; a log of communication between Cuccinelli and 13 other state attorneys general who filed suit; communication between Cuccinelli and Governor Bob McDonnell regarding the health care legislation; a list of current Office of Attorney General staff and their salaries.
The full FOIA filed Tuesday is below. In an initial FOIA response issued last week, Cuccinelli’s office had refused to give any information about the resources used on lawsuit preparation. That response is available here: http://www.vademocrats.org/page/-/FOIAresponse033110.pdf.Mills released the following statement Tuesday on the DPVA’s second FOIA:
“Virginia’s Attorney General appears to have gone rogue. Ken Cuccinelli refuses to provide any information to Virginia taxpayers about how much taxpayer-funded attorney time and office resources he’s wasting on a frivolous health care lawsuit against the federal government. In an attempt to find these answers, we have filed another FOIA request with the Office of the Attorney General.
“Based on his response to our initial FOIA request, Ken Cuccinelli has clearly chosen the path of hiding information rather than openness. Furthermore, we have serious questions about his use of the working paper exemption to cover up political communication with parties outside of Virginia.
“We will continue to respectfully ask the Attorney General to be accountable to the taxpayers who pay his salary. While Mr. Cuccinelli has been focused on scoring political points, he has shown little interest in openness with Virginia taxpayers. He has tried to obfuscate at every turn, while thousands of Virginians demand answers.
“Attorney General Cuccinelli has personally said that he believes this lawsuit is about ‘defending the Constitution of the United States and the Commonwealth of Virginia.’ [RTD, 3/27]. And yet he also claims that this purported all-important battle for the integrity of the Constitution is only going to cost the Commonwealth $350.
“Based on his office’s statements and response to our initial FOIA request, it seems Ken Cuccinelli wants Virginians to believe that attorneys in his office have devoted no staff time, held no meetings, and diverted no resources of any kind despite the priority he claims to have placed on this lawsuit. Ken Cuccinelli can’t have it both ways: You can’t claim something is a priority in your office and try to pretend it comes cheap.
“We will continue asking the Attorney General for answers through the formal FOIA process. But we ask that Mr. Cuccinelli choose the simpler route: stop ducking answers and come clean with Virginia taxpayers about exactly what resources he is using on this lawsuit.”
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Republican Controlled Prince William Board of Supervisors Passes Resolution to Send Cooch a Letter Thanking Him for Frivolous Health Care Reform Lawsuit
In a press release from the Prince William County Democratic Committee today, Chair Pete Frisbie blasted the Republican controlled Prince William County Board of Supervisors for voting to send a thank you note to Cuccinelli (R-VA) for his lawsuit challenging the constitutionality of the new federal health care reform law.
As I previously wrote, this lawsuit has little (actually, ZERO) chance of being successful on constitutional grounds and would come at a very steep cost to taxpayers. Instead of filing frivolous lawsuits, Cuccinelli and Gov. McDonnell (R-VA) should focus on using our currently scarce dollars to fully fund education and fix our transportation problems.
All I can say is wow. I thought the current Stafford County Board of Supervisors were nuts. This takes the cake! Here’s the press release from Pete:
The Republican controlled Prince William County Board of Supervisors have passed a motion along a party line vote to send a letter to Virginia’s Attorney General Ken Cuccinelli to thank him for protecting their rights as a result of the law suit against the federal government on the health care reform law on the behalf of all of the residents of Prince William County. This is yet another frivolous lawsuit filed against the Federal Government by Virginia’s right wing ideologue Attorney General.
Click here (Go to the 5:00 mark) to watch the debate and the vote amongst our supervisors for yourself
There was no citizen input on this directive from the Board of Supervisors. The Board has no jurisdiction over the federal health care legislation yet they are spending your taxpayer money on letters when our school system just cut $50 million from their budget.
Board Chairman Corey Stewart has even said that he will bring forth a proposal to the Board of Supervisors to ensure that Prince William County will refuse to implement the health care law that was signed by President Obama.
These actions have become typical of the Republicans on the Prince William County Board of Supervisors. Please tell Supervisors Corey Stewart (R-At Large), John Stirrup (R-Gainesville, Mike May (R-Occoquan), Marty Nohe (R-Coles), Maureen Caddigan (R-Dumfries), and Wally Covington (R-Brentsville) to stop wasting our tax dollars on their personal political agendas.
We urge them to focus on the issues that face Prince William County every day — such as home foreclosures, rising utility costs, cuts to our school system and predatory loans — rather than writing letters, resolutions or proposals that support frivolous lawsuits against the federal government.
Help us remind our Supervisors of the priorities that matter to Prince William County residents like you and me and lay the groundwork to take back the Board of Supervisors.
Contact these Republicans Supervisors here…
Thanks so much for everything you are doing to stand with Prince William’s families and support the values we share.
Sincerely,
Pete Frisbie
Chair, Prince William County Democratic Committee
The Cooch has apparently met his match in crazy in Prince William County Chairman-At-Large Corey Stewart (R-Prince William). As Pete notes above, Stewart actually
proposed to refuse to implement what he regards as a costly, unconstitutional Federal mandate. He intends to submit a proposal for consideration by the Board of County Supervisors[, which will refuse to implement the new federal health care reform law in Prince William County].
He made these comments at a recent Prince William County Republican Convention held to select party leadership. He also praised the Tea Party movement and drew comparisons between this movement and the movement that drafted the Declaration of Independence. What a complete nut!
Here’s the resolution that passed, courtesy of the Prince William County Democratic Committee:
MOTION: STIRRUP March 23, 2010 Regular Meeting SECOND: COVINGTON Res. No. 10-243 RE: LETTER THANKING THE VIRGINIA ATTORNEY GENERAL FOR THE EFFORTS OF THE COMMONWEALTH OF VIRGINIA TO CHALLENGE THE CONSTITUTIONALITY OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT ACTION: APPROVED WHEREAS, the U.S. Congress passed on March 21, 2010, and the President of the United States signed into law on March 23, 2010, the Patient Protection and Affordable Care Act of 2010 (PPACA); and
WHEREAS, on March 23, 2010 the Commonwealth of Virginia filed suit against Kathleen Sebelius in her official capacity as the Secretary of the Department of Health and Human Services for the United States seeking to declare the PPACA unconstitutional (Commonwealth v. Kathleen Sebelius); and
WHEREAS, many other States and private organizations are also seeking to challenge the constitutionality of the PPACA through the federal courts;
NOW, THEREFORE, BE IT RESOLVED that the Prince William Board of County Supervisors wishes to thank the Virginia Attorney General for his efforts, for protecting the rights of Prince William County residents, and to wish him good luck on his efforts.
BE IT FURTHER RESOLVED that the Prince William County Attorney’s Office is instructed to look into whether or not the Prince William Board of County Supervisors could file an amicus curiae brief in support of the Commonwealth’s position in Commonwealth v. Kathleen Sebelius.
Votes: Ayes: Caddigan, Covington, May, Nohe, Stewart, Stirrup Nays: Jenkins, Principi Absent from Vote: None Absent from Meeting: None
And here’s the subsequent letter from Stewart, also courtesy of the Prince William Democratic Committee:
Board Letter Thanking Cuccinelli
The Honorable Kenneth T. Cuccinelli, II
900 East Main Street
Sixth Floor
Richmond, Virginia 23219
Dear Attorney General Cuccinelli:
Attached please find a copy of a Resolution of the Prince William Board of County Supervisors. On behalf of the Prince William Board of County Supervisors, I am writing to thank you for your efforts regarding your recent law suit Commonwealth v. Kathleen Sebelius.
The Patient Protection and Affordable Care Act of 2010 (PPACA), which was signed by the President of the United States on March 23, 2010 creates a template for federal action that will affect all levels of government and all citizens for years to come. The Prince William Board of County Supervisors would like to thank you for protecting our residents’ rights by filing this action.
Thank you for your leadership on this very important issue. We wish you good luck on your efforts.
Sincerely,
Corey A. Stewart
Chairman
Attachment
Cc: Board of County Supervisors
County Attorney
County Executive
Virginia Congressional Delegation
Cucinelli’s going to need more then luck to win an unwinnable case. I applaud Pete for standing up to the Republican fringe, which is becoming all too common place throughout the Commonwealth, and being the voice of sensibility and fiscal responsibility on behalf of all Prince William residents.
Starbucks to Offer More Sizes, Republicans Blame Health Care Reform
In a big announcement this morning, Starbucks has introduced two new beverage sizes to its U.S. stores: the Plenta and the Micra.
Hugh Mungis, Starbucks VP of Volume issued the following statement:
Whether customers are looking for a large or small size, the Plenta and the Micra satisfy all U.S. and Canada customers’ needs for more and less coffee. Our size selection is now plentiful.
Republicans have responded by saying “Hell No, You Can’t” and blasting this as a direct result of the recently signed health care reform (HCR) legislation.
House Minority Leader John Boehner (R-OH) also blasted the new Plenta size as an “attempt by Democrats to kill Grandma and Grandpa.” He also noted that this new size would cause health care costs to “skyrocket.”
Republican National Committee (RNC) Chairman Michael Steele was most concerned about the Micra size. He worries that children will become “hooked” on Starbucks’ caffeinated beverages and that the HCR provision that allowed for this was nothing more than a “giveaway” to Democrats liberal friends (e.g. Starbucks). He argued that with all of the problems we are facing, there is certainly a “better way to spend money.”
Rep. Rob Wittman (R-Montross) of Virginia’s First Congressional District was most concerned on the environmental impact of the Plenta-sized cup. Having attained no significant legislative accomplishments, since being elected in 2007, and having the notoriety of being ranked as of one of the 10 least effective members of Congress, Wittman has decided to change his image and take a stand on this “travesty” by Democrats.
He will introduce a bill tomorrow that will mandate that the Plenta-sized cup be recycled and reused for other purposes. He suggests that the Plenta-sized cup could be used as a popcorn receptacle, rain hat, perennial planter, lampshade, yoga block, milk dish for kittens, soft boiled egg cup or a paper clip holder.
Tea Party folks are also outraged that these new sizes will only be available for coffee-based beverages and not tea. They argue that this is a “huge” waste of taxpayer funds, especially when they receive no direct benefit from the legislation. They have threatened to board any Starbucks truck carrying these new sizes and “destroy the cups.”
Republicans plan to campaign heavily on this issue in the fall and believe that it will resonate with voters, allowing them to win back control of Congress.
Cooch Denies Existence of Health Care Lawsuit Records, Pushes Forward With Frivolous Lawsuit
In case you somehow missed it, Virginia Attorney General (AG) Ken Cuccinelli (R-VA) recently filed a lawsuit (Virginia v. Sebelius) that challenges the legality of the health care reform legislation signed into law by President Obama last week.
Cuccinelli is certainly no stranger to controversy. From the moment he assumed office in January, he has made a point of using the Attorney General’s office to push his right-wing social agenda. This includes arguing in a letter to the state’s public colleges and universities that “sexual orientation” could not and should not be included in any anti-discrimination policies.
So his latest push to mount a legal challenge to the recently passed health care reform legislation should come as no surprise? This is simply another attempt to use the AGs office to further his political agenda – and that of Gov. Bob McDonnell (R-VA).
As Virginia is facing a severe budget crisis that will affect so many folks throughout the state, Cuccinelli and McDonnell file a frivolous lawsuit that is politically motivated. Not to mention that this lawsuit comes at a cost to taxpayers, right? You’re darn right!
As Blue Virginia reported on Tuesday, the Democratic Party of Virginia formally filed a Freedom of Information Act (FOIA) formally requesting records of:
hours spent by Cuccinelli and Office of the Attorney General staff preparing Commonwealth of Virginia v. Sebelius; cost to taxpayers of staff work on the suit; a list of conference calls or written correspondence that the Office of the Attorney General had with other states’ attorneys general or national conservative groups in planning the lawsuit; any outside firms contracted to assist on the lawsuit; and, the Attorney General’s full schedule since taking office, including any scheduled television interviews in the Washington, D.C., metro area.
David Mills, Executive Director of the Democratic Party of Virginia summed up things best when he said that
the Attorney General is acting like taxpayer funds are just a piggy bank for his personal political agenda. More than 10,000 Virginians [(in a petition launched by the DPVA)] have demanded that Ken Cuccinelli come clean about his use of taxpayer-funded state resources. This week, we’ll find out if Ken Cuccinelli still believes he’s accountable to the taxpayers of Virginia. We’re looking forward to his response.
Drum roll please. In response to the FOIA request, Stephen R. McCullough, senior appellate counsel for AG Ken Cuccinelli has responded by saying that “No such record exists” listing any attorney’s, both inside or outside the AGs office, that worked on producing the legal filing and any hours that they may have billed to the state to prepare it.
McCullough did acknowledge that existence of “correspondence between Cuccinelli’s office and the offices of 13 other state attorneys general who have also filed suit against the federal government, as well as Cuccinelli’s schedule since his took office Jan. 16.”
There were a total of 40 records related to correspondence between the Virginia AGs office and the offices of 13 other state attorneys general; and 170 pages that would provide insight into Cucinelli’s schedule, since he took office in January. McCullough said that the AGs office would not be releasing them, since the office considered them “working papers of the attorney general that are entitled to remain confidential.”
In a release yesterday, Cucinelli actually made the claim that all work “was being done in-house and said costs would be minimal beyond the $350 fee to file the suit in U.S. District Court.”
Color me skeptical, so much for government transparency. Taxpayers deserve to know the cost that is being accrued to fund Cucinelli’s personal political agenda, especially when the health care lawsuit has zero chance of being won. That’s right, ZERO!
Nevada’s Attorney General Catherine Cortez Masto provided a good analysis in a letter to Nevada Gov. Jim Gibbons on why joining Cuccinelli’s health care lawsuit was essentially pointless and “would not come without a cost.” When looking at Supreme Court precedence, AG Masto writes:
One theory to consider is that Congress lacks authority under the Constitution’s Commerce and Spending Clauses. However, the authority give to Congress is extensive and appears strong enough to support the Act. Health care costs affect our nation’s economy, and the Act is Congress’ answer to alleviating those costs. The United States Supreme Court long ago determined that insurance is commerce and is therefore subject to federal regulation. United States v. South-Eastern Underwriters Ass’n, 322 U.S. 533 (1944). Since the 1930s and the “long-rejected Louchner-era precedents,” MeadWestvaco Corp. ex rel. Mead Corp. v. Illinois Dept. of Revenue, 553 U.S. 16, 128 S.Ct. 1948, 1510 (2008) (Thomas, J. concuring), Congress’ broad authority has been acknowledge to, among other things, uphold mandatory contributions to the Social Security Act system, Helvering v. Davis, 301 U.S. 619 (1937), and legislate many other federal programs.
So while Cuccinelli and McDonnell defund our public education system (and make several other extreme cuts) they have no problems wasting taxpayer dollars to further their radical political agendas. Hey while national Republicans plan to “sweep problems under the rug,” Virginia Republicans have become masters at creating problems. Where’s the TEA Party when you need them!
Gas Line Cut at Rep. Perriello’s Brother’s Home, FBI Investigating Incident
On Monday, two Virginia Tea Baggers posted what they believed to be the home address of Rep. Tom Perriello (R-VA) online. The only problem is that the address that was posted was that of Rep. Perriello’s brother Bo.
The result, according to the Charlottesville Daily Progress:
Federal and local authorities are investigating a severed gas line at the home of U.S. Rep. Tom Perriello’s brother, discovered the day after Tea Party activists posted the address online so opponents could “drop by” and “express their thanks” for Perriello’s vote in favor of health care reform.
I guess this was the next logical step for teabaggers after they hurled racist and homophobic slurs at Democratic lawmakers (and even some spit) at rallies to protest health care reform this weekend, right? NOT!
This sort of behavior should not be tolerated by anyone, regardless of political affiliation. So how did Republican lawmakers respond to these despicable acts this past weekend?
Rep. David Nunes (R-CA) had the following to say on C-Span this past Sunday:
Yeah, well I think that when you use totalitarian tactics, people, you know, begin to act crazy. I think, you know, there’s people that have every right to say what they want. If they want to smear someone, they can do it…Of course. I think the left loves to play a couple of incidents here or there.
So, you have Republican lawmakers like Nunes actually justifying these despicable acts. The only purpose this serves is to fire up the lunatics in the movement and cause them to act out in even more extreme ways.
On Monday, teabaggers decided to raise the stakes by posting what they believed to be the home address of Rep. Tom Perriello, but later realized was later the address of a house that belonged to his brother Bo.
As the Charlottesville Daily Progress further reported:
Danville Tea Party leader Nigel Coleman was one of the two activists who posted Bo Perriello’s address online Monday.
“This is Rep. Thomas Stuart Price Perriello’s home address,” Coleman wrote Monday. “… I ain’t holding back anymore!!”
According to the Politico Web site, when Coleman learned that the address actually belonged to the congressman’s brother, he responded on a blog: “Do you mean I posted his brother’s address on my Facebook? Oh well, collateral damage.”
The result of this over-the-top rhetoric was an incident at Rep. Perriello’s brother’s house where a propane line to a gas-powered grill was cut. Also it is now being reported that his brother also received what is being described as a “threatening” letter in the mail on the same day. The letter was purported to read along the lines of “You’ll have to answer for this [(health care reform)] on judgment day.”
Rep. Perriello issued the following statement this afternoon:
My number one priority right now is ensuring the safety of my brother’s family, and I am grateful to law enforcement for their excellent work. While it is too early to say anything definitive regarding political motivations behind this act, it’s never too early for political leaders to condemn threats of violence, particularly as threats to other Members of Congress and their children escalate. And so I ask every member of House and Senate leadership to state unequivocally tonight that it is never OK to harm or threaten elected officials and their families with anything more than political retribution. Here in America, we settle our political differences at the ballot box.
It’s time for lawmakers like Rep. Nunes to stop trying to justify the behavior of teabaggers and unequivocally condone these despicable acts. This may be all fun and games for Republicans, until someone actually ends up getting seriously injured.
How about House minority leader John Boehner (R-OH) stand up to these nuts by telling them, “Hell no, you can’t!”
You can read more about the threats against lawmakers here.




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