HorsesAss.Org

Pretty fucking bad!.

The law:

The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings

Rob McKenna’s own argument why he doesn’t really have to follow the law (my emphasis throughout):

“The Constitution, state law and case law interpreting the powers and duties of the Attorney General affirm that the AG is more than just a passive observer of state agency action and grant this office authority to determine whether or not to appeal cases of interest to the state,” McKenna said.

Goldy’s assessment:

Huh. Really? […] Because the Constitution affirms absolutely nothing except that “The attorney general shall be the legal adviser of the state officers, and shall perform such other duties as may be prescribed by law.” There is no other mention in the Constitution about the AG’s powers and duties.

As for state law, we’ve already gone over that exhaustively, and I don’t see anything in there explicitly giving the AG’s office the authority to determine whether or not to appeal cases against the wishes of his client. I see RCW 43.12.075 defining a traditional attorney-client relationship between the AG and the Commissioner of Public Lands, mandating that it shall be the AG’s duty to defend the Commissioner when requested so to do, and explicitly stating that it is the Commissioner who represents the state in any proceedings relating to public land. But I see nothing in state law granting McKenna the broad powers he claims.

As for case law, well, I’ve already admitted that there is some case law on both sides of this argument, although absolutely nothing […] in Washington state…. I believe the case law I’ve previously discussed is pretty damn persuasive that the AG does not have the authority McKenna claims….

The court’s decision:

None of the case law cited confers on the attorney general the discretion he seeks to refuse to pursue an appeal despite his client’s directive that he do so. Nor does the attorney general’s constitutional role counsel otherwise. Given the mandatory language of the statute and the prohibition of hiring outside counsel, no discretion is involved, and representation is required. Therefore, we grant the writ.

So bad, in fact, that McKenna was out-lawyered by a fucking blogger!

Now, that Goldy…. He should have gone to law school…if only for his mother’s sake.

Today the Washington state Supreme Court denied Seattle’s petition that would require Attorney General Rob McKenna to withdraw from the Teabagger-inspired multistate lawsuit against the health care reform law. From the decision:

The people of the state of Washington have, by statute, vested the attorney general with broad authority, and Attorney General McKenna’s decision to sue to enjoin the enforcement of the (health care law) falls within that broad authority. As such, Attorney General McKenna has no mandatory duty to withdraw the State from the multistate litigation. The city of Seattle’s petition for a writ of mandamus must, accordingly, be denied.

Seattle City Attorney Pete Holmes responded:

I respectfully disagree with the Supreme Court’s decision. Attorney General McKenna dragged Washington state into a Tea-Party-inspired lawsuit that will, if successful, prevent millions of Americans from obtaining the health care…. He did this against the express wishes of and without first consulting the Governor, the Insurance Commissioner, the House Speaker, and the Senate Majority Leader.

By any rational measure, Washington is a blue state. Of late we’ve elected Democrats for Governor, Democratic Senators; Democratic presidential nominees win our popular vote. As a people we are strong on the environment, pro-labor, pro-choice, pro-science, pro-safety, pro-health.

And now we have an Attorney General who defies the Governor and the people and unilaterally decides to join the teabaggery. McKenna has, singlehandedly, made us red-faced by painting us as a pack of pitchfork-wielding Teabaggers.

So please join me in offering Rob McKenna a great big FUCK YOU for fucking humiliating the fuck out of us before the nation…fuckwad!

Unbelievable:

The Pima County Republican Party is raffling off a Glock 23 handgun to raise money for get out the vote efforts in the district where a Glock was used last winter to kill six people and wound Rep. Gabrielle Giffords (D-Ariz.).

Really? Republican GOTV efforts?!?

– Republicans sure are Assholes.

– Who think they’re funny when they’re being assholes.

– Reuven Carlyle passes this on about 619 Western.

– So, when’s the rally to protest this outrageous waste and misuse of taxpayer’s money?

– Flying While Black & Reading Antique Aviation Books (h/t)

– An amazing looking moth.

Since a lot of the farmers markets in Washington run through late September/early October, and since we’re in a great harvest time, it seems like the right time to mention that you should go to a farmers market if you haven’t yet (or even if you have). I’ll vouch for the Ballard, U District, Columbia City, and Lake Forest Park markets as good places to shop this year.

I love the interactions at the booths, both the pride people take in what they’re selling and their suggestions for what to do with the food once you buy it. I love the food, fresh, tasty, great for you.

The Podcast returns from a long vacation hibernation incarceration a coma the dead to tackle the big political issues of the day last many months. And freshen the sidebar.

The discussion starts with bold analyses of the recent election: the panel re-litigates The Tunnel (long after the topic is hip, relevant, or even interesting), and contemplates the meaning of the pro-tunnel vote for Seattle Mayor Mike McGinn. The discussion meanders into a referendum on Seattle itself (whereupon, Goldy briefly attempts to re-litigate the Chihuly Museum, long after the topic is hip, relevant, or even interesting).

Circling back to the election, the panel ponders the piss-poor performance of King County Councilmember Jane “37.9%” Hague, and the remarkable candidacy of challenger Richard Mitchell. Catalyzed by another lame-ass Seattle Times editorial, the Podcast closes on the topic of public employees, education and (of course) Seattle schools.

Goldy (The Stranger) was joined by Seattlepi.com’s Joel Connelly, and Horsesass’ Carl Ballard and me.

The show is 30:15, and is available here as an MP3.

[audio:http://www.podcastingliberally.com/podcasts/podcasting_liberally_aug_30_2011.mp3]

[Recorded live at the Seattle chapter of Drinking Liberally. Special thanks to Confab creators Gavin and Richard for hosting the Podcasting Liberally site.]

Jaime Herrera Beutler appears to be learning a lot in Congress. In particular, she’s learning how to avoid interacting with the people she represents. I’m guessing Dave Reichert is her mentor.

Please join us tonight for drinks, conversation, and dinner at the Seattle Chapter of Drinking liberally.

We meet at the Montlake Ale House, 2307 24th Avenue E. Starting time is 8:00 pm, but a few folks show up earlier for dinner.

Can’t make it tonight? The Tri-Cities chapter of Drinking liberally meets every Tuesday night as well. And Drinking Liberally Tacoma meets this Thursday at the Hub Restaurant at 7:00pm.

With 232 chapters of Living Liberally, including thirteen in Washington state and six more in Oregon, chances are excellent there’s one near you.

For the third consecutive month, Politico has ranked the 2012 Washington gubernatorial race as the most competitive gubernatorial race in the country.

The PI‘s Chris Grygiel comments:

Between them, McKenna and Inslee are expected to raise more than $20 million. And that’s not counting the many millions more outside interest groups will pour into the Evergreen State race.

Many millions in out-of-state money pouring into the state? Huh.

Chris must be assuming that Sen. Cantwell will face some serious competition….

One thing that I never tire of reading is foreigners who come to America and share what they found. From Alexis de Tocqueville to the countless immigrant stories, to more recently Jonathan Raban and Stephen Fry there’s something charming about seeing an outsider’s perspective. While you don’t expect them to get everything right, a different set of eyes is interesting. And quite naturally, I especially love people coming to Seattle.

So I was glad Seattle Bike Blog linked to this piece about someone from England cycling around the world. It’s always a bit mystifying to think about people who only know us from TV.

I explored the sculpture park and talk a walk to the Space Needle, and followed bike lanes through the city. I was soon south of the downtown core and took a route along a lake where the road was closed to traffic every Sunday and was taken over by cyclists. It was a wonderful atmosphere. South of the city I picked up the Cedar River Trail and followed it south before camping down a side trail which resembled the Amazon rainforest, except for the busy highway overhead.

By all accounts Reagan Dunn is a very pleasant guy. Apparently, he hasn’t been jaded by the trappings of a man whose wardrobe requires a closet the size of a modest haberdasher’s shop.

I’ve also heard—from sources beyond Goldy—that Reagan Dunn is lazy.

So I wasn’t completely surprised to learn that Dunn’s ideal strategy to get elected Attorney General is to hope Democrats don’t notice there’s an election. He is hoping for a quiet election in which Democrats don’t feel threatened.

(It kind of reminds me of Luke Esser’s “Democrats are lazy” voter suppression strategy. Except that Esser was writing humor for a college newspaper.)

Dunn “big idea” is to give Cantwell a free ride to reelection, so that he doesn’t have to worry about parties dumping money into her race, causing voters to notice his:

Dunn’s remembering what happened in last year’s hard fought contest between U.S. Sen. Patty Murray, D-Wash., and Republican Dino Rossi. A late multi-million dollar push for voters funded by Democrats secured Murray’s victory while boosting vote totals of Democratic candidates farther down the ballot.

“That really hurt Republicans,” Dunn said. “So on (this Senate) race my belief is we don’t put anybody up. Make it a nominal challenge. Keep the national Democratic fundraising apparatus out of the state and don’t give them another reason to bring (President) Barack Obama here to further drive up turnout.”

Shorter Dunn: “I can, maybe, win if we keep the election low profile enough.” Goddamn, is that lazy!

It’s also sloppy thinking. It’s intellectual laziness to presume similar voter motivation for the 2010 and the 2012 elections. Twenty-ten was an off-year election with a senatorial race at the top of the ballot. The 2012 ballot will have a presidential election as well as a high-profile gubernatorial race in addition to the senatorial race. In other words, it’s going to be an election with a big turnout—with or without a strong challenger for Cantwell.

And pinning Rossi’s loss on out-of-state money seems simplistic (and lazy). In 2010 Murray did have a big advantage in out-of-state donors, as you would expect for an 18 year (at the time) Senate incumbent. But Rossi “took in” more money via independent groups:

Between them, Murray and Rossi raised more than $22 million. Murray, a three-term incumbent, brought in $15.3 million and Rossi – who got a late fund raising start – amassed $7.3 million, according to OpenSecrets.org. Outside groups, recognizing the Washington Senate seat was key to which party controlled upper chamber, also spent big. Total spending by independent groups topped $19 million, third-most in the country, according to campaign-finance watchdogs. Almost 60 percent of that money went to help Rossi.

A less lazy analysis would recognize that the big difference was between the candidates: a popular, proactive incumbent who had risen to the 4th most powerful position in the Senate compared to an angry real estate salesman who entered the race late and reluctantly, and never really had his heart into it. Oh…and there was that “D” next to Murray’s name. That helped, too.

Even his own party Chairman, Kirby Wilbur, doesn’t buy Dunn’s analysis:

Given the anti-incumbent fervor, an aggressive challenge of Cantwell by an energetic candidate could produce a Scott Brown-like upset. Even a loss delivers the benefit of making Cantwell spend her political dough on getting re-elected and not other campaigns like Democratic candidate for governor, Jay Inslee.

Enrollees in this school theorize turnout will be huge in 2012 regardless because of the presidential election. Plus battles for congressional seats — including a new one — mean Democrats and Republicans and an array of independent groups will be slugging it out whether the Senate race is in play or not.

Except for the “Scott Brown-like upset,” which is utter fantasy, Wilbur’s analysis is spot on.

So, if you ask me, prospects are looking good for Dunn’s opponent, Democrat Bob Ferguson. Again, the race will be determined by the candidates.

Reagan Dunn can’t just click his heals three times to give Cantwell a free pass in exchange for an easy race. The 2012 election is going to be huge no matter what happens in the Cantwell race. Whoever wins the AG race is going to do so by working his ass off doing retail politics, non-stop fundraising, and, dare I say it, baby kissing. We’re talking hard work.

Call me a skeptic, but I don’t see a work-shy Reagan Dunn “getting into” any of these tasks.

The recession is still bad. So what should Washington do about it according to The Seattle Times? Make sure to fire people!

The Times recently reported that state full-time equivalent jobs are down a total of 7 percent in fiscal 2010 and 2011. That does not include higher education, which has had few job losses. It includes everything else.

The New York Times reported that? The Times of London? Oh, you mean The Seattle Times. Nobody calls it that, Ryan or possibly Joni. Well that’s pretty terrible for the people involved, don’t you think? I mean at least have a bit of compassion for people who’ll get kicked off work. No? Nothing.

No downturn in decades has been as deep or as long as this. It is news.

I like the implication that if the downturn was as bad as some in the 70’s or 80’s, it wouldn’t be news. Skipping ahead.

There is a thought that the state should not do this — that its layoffs are making the downturn worse, and that it should keep everyone on the payroll. It is a warm thought, but who would pay for it? The state cannot do it with bonds. New taxes on the private sector would probably snuff out as many private jobs as public jobs sustained.

Layoffs are making the downturn worse. Public sector, private sector. It’s not a thought, it’s a fact. The laid off people have less money to spend, they have less money to save and invest. They produce less economic activity. The argument that paying to not lay people off will make the economy even worse, well that’s at least an argument that acknowledges that there are tough choices. But yes, if we lay off teachers, or state patrol or anyone else in the public sector, on top of losing what they do for us, we also lose some of their economic output.

– Leadership, sure. Courage, well, no, not in Seattle.

– A real charmer at KIRO.

– I thought Al Qaeda’s number 3’s were always killed. Did everyone step up a notch when Bin Laden died?

– But if storms aren’t Jesus telling us things, how could they possibly have happened?

– Bus branding is a concept that I hadn’t even thought of.

– Our smooth universe.

Last week’s contest was won by Siberian Dog. It was Enumclaw.

This week’s contest is related to something in the news from August. Good luck!

Nahum 1:2-8
The Lord is a jealous God, filled with vengeance and rage. He takes revenge on all who oppose him and continues to rage against his enemies! The Lord is slow to get angry, but his power is great, and he never lets the guilty go unpunished. He displays his power in the whirlwind and the storm. The billowing clouds are the dust beneath his feet. At his command the oceans dry up, and the rivers disappear. The lush pastures of Bashan and Carmel fade, and the green forests of Lebanon wither. In his presence the mountains quake, and the hills melt away; the earth trembles, and its people are destroyed. Who can stand before his fierce anger? Who can survive his burning fury? His rage blazes forth like fire, and the mountains crumble to dust in his presence. The Lord is good, a strong refuge when trouble comes. He is close to those who trust in him. But he will sweep away his enemies in an overwhelming flood. He will pursue his foes into the darkness of night.

Discuss.