Tim Kaine to call for special session of the General Assembly in light of the SCOTUS decision in Melendez-Diaz v. Massacheusetts.

Check it out at Bloggers for Ken Cuccinelli: Tim Kaine Agrees With Ken Cuccinelli, Decides to Call Special Session.

Steve Shannon (D) don’t know much about lawyering…

Right now, Steve Shannon is attacking Ken Cuccinelli for failing to support a bill of Shannon’s from back in 2007 that Shannon claims would have prevented the pending Charlie-Foxtrot regarding forensic techs being required to testify for drunk driving cases. The problem? His bill would have done no since thing according to “The Jaded JD”:

Most importantly, the bill is completely unrelated to the Melendez-Diaz decision.  Melendez-Diaz says the Confrontation Clause of the Sixth Amendment allows a criminal defendant to confront the forensic analyst who analyzed the forensic evidence introduced at trial.  Not only does Shannon’s bill not presciently recognize a right of confrontation, it restricts the ability of the defendant to object to the admissibility of the forensic certificate:


So, had Shannon’s bill become law, it wouldn’t have alleviated the current problem because it would itself be invalid under Melendez-Diaz.  What’s worse, by linking the bill to Melendez-Diaz and criticizing Cuccinelli for not supporting it, Shannon appears not to realize that.  That doesn’t inspire confidence in an Attorney General candidate.

You really need to read the whole thing as they say.

H/t: Bearing Drift.

Republican campaign kickoff event at Stafford Regional Airport: Video.

Introduction by Senator Vogel and Bob McDonnell’s Speech (Part 1):

Bob McDonnell’s Speech (Part 2):

Bill Bolling’s Speech (Part 1):

Bill Bolling’s Speech (Part 2):

Ken Cuccinelli’s Speech (Part 1):

Ken Cuccinelli’s Speech (Part 2):

Republican campaign kickoff event at Stafford Regional Airport: Pictures.

Beside the usual suspects of Bob McDonnell, Bill Bolling, Ken Cuccinelli, and newly elected Republican Party of Virginia Chairman Pat Mullins, Senator Janet Vogel made the introductions and Speaker of the House of Delegates Bill Howell and Delegate Mark Cole were also in attendance.

Fellow blogger and Stafford County GOP member Scott Hirons was there recording video too. He thinks he’s cool with his HD Camcorder while I only have a lowly MiniDV camcorder…bah! Spotsylvania County GOP Chairman Bryce Reeves was also in the crowd.

Nice to see there’s one politician out there that doesn’t take himself too seriously.

After both his opponents, John Brownlee and David Foster, sent out e-mails claiming victory in the latest Republican Attorney General candidate’s debate, Ken Cuccinelli sent out this press release:

Centreville, Va. — Senator Cuccinelli today complimented Dave Foster for coming in first place in the debate press release contest. Said Senator Cuccinelli, “I have to admit, when it comes to getting out a claim of victory fast, I just can’t keep up with these guys.” Shortly after Dave Foster got out his claim of debate victory, John Brownlee followed suit. “I just couldn’t believe it,” said Cuccinelli, “John got his claim of victory out in about 15 minutes, but Dave still beat him! Amazing.” Cuccinelli speculated that this may be an indicator of which candidate will come in second and which one will come in third in the balloting on May 30th.

Cuccinelli said that this lightening performance demonstrates what a competitive field of candidates he is in. “How am I supposed to compete with two guys that can participate in a debate while typing press releases on their blackberrys at the same time? This really is a tough race.”

Cuccinelli said that he thinks that surviving such tough competition will better prepare him to take on Delegate Steve Shannon, the Democrats’ nominee for Attorney General. “After I come through the hellfire of the lightening-fast debate victory claims that I’ve been contending with in this nomination contest, there’s no way Steve is going to beat our campaign to the punch in claiming victory in our general election debates.”

“These guys even had quotes from other people the moment the debate ended,” commented a clearly astonished Senator Cuccinelli as he shook his head in amazement. “They must have been text messaging while drafting their press releases on their blackberrys while debating! Incredible! This is almost unfair.”

What other people have said about Senator Ken Cuccinelli’s support for law enforcement.

I did a post earlier this week detailing the stuff I know Senator Ken Cuccinelli has done in support of law enforcement. Now read what other people have said:

The Virginian-Pilot, February 23, 2005 ((Heinatz, Stephanie. “Bill grants officers overtime pay for hours worked while on vacation.” Virginian-Pilot. 23 Feb. 2005: B5. LexisNexis.)):

The House of Delegates is expected to vote this week on SB873, an amendment that includes law enforcement employees in the overtime compensation definition for public safety personnel. It spells out that police officers, like their fire and rescue counterparts, are entitled to overtime pay for hours worked while on vacation or any other form of leave.


Sen. Ken Cuccinelli, II, R-Centreville, introduced the bill last month as the next step in bringing better compensation to public safety workers. In 2001 the General Assembly extended the overtime benefit to fire and rescue workers.

Richmond Times-Dispatch, January 20, 2006 ((Smith, Tammie. “Legislators reject new birth-certificate rules; Bill would have limited same-sex couples who adopt children in Virginia.” Richmond Times-Dispatch. 20 Jan. 2006: A-06. LexisNexis.)):

  • Sent to a special study committee two bills that would allow permit some seriously mentally ill people to be ordered into outpatient treatment. Supporters of the bills from Sen. Henry L. Marsh III, D-Richmond, and Cuccinelli said recent high-profile killings are examples of what happens when mental illness robs people of the ability to understand how sick they are. In the cases, a Richmond-area woman was killed by an ex-boyfriend diagnosed with bipolar disorder. He then shot himself, police reports say. And on Christmas Day, a Northern Virginia man with a history of “emotional problems” killed himself and four others, police say.

The Washington Post, May 18, 2006 ((Jackman, Tom and Theresa Vargas. “In Mourning Again For a Fairfax Officer; Second Victim of Police Station Shooting Dies.” Washington Post. 18 May 2006: B01. LexisNexis.)):

State Sen. Ken Cuccinelli (R-Centreville) was a neighbor of Garbarino’s. He said that Garbarino was a deeply faithful member of the Russian Orthodox Church and that Garbarino and Armel “both put their service to the community into the context of their faith.”

The Washington Times, May 18, 2006 ((Cella, Matthew and Gary Emerling. “Fairfax cop dies of attack wounds; Gate broken for 3 months.” Washington Times. 18 May 2006: A01. LexisNexis.)):

Sen. Kenneth Thomas Cuccinelli II, Fairfax County Republican, got to know Officer Garbarino when they went door to door campaigning and when the officer talked the state senator into going on a police ride-along with him last summer.

“He had a very proactive approach,” Mr. Cuccinelli said yesterday. “Before waiting for something to rise to the level of criminal activity he’d go knock on the door and speak to the mother of the person of concern.”

Mr. Cuccinelli said that Officer Garbarino was married and had two daughters, ages 10 and 13, and that he was eligible for retirement at 25 years of service.

Richmond Times-Dispatch, May 21, 2006 ((Trice, Calvin R. “Funeral held for slain officer; Fairfax policeman who died of ambush injuries chose to work in the field, friends say.” Richmond Times-Dispatch. 21 May 2006: B-1. LexisNexis.)):

State Sen. Ken Cuccinelli, R-Fairfax, fought back tears several times during his remarks. At one point, he turned to Garbarino’s daughters and told them their father was a leader, a teacher and a hero.

“He’s a father you can be proud of forever,” he said.

The Washington Times, May 21, 2006 ((Lively, Tarron. “Fairfax police mourn another loss; Eulogize second ambush victim.” Washington Times. 21 May 2006: A09. LexisNexis.)):

Police said Officer Garbarino managed to call in a warning to officers inside the station, even after being hit five times.

“His first concern was not for himself, but for his fellow officers,” state Sen. Kenneth Thomas Cuccinelli II, Fairfax County Republican, said tearfully.

The Washington Post, May 29, 2006 ((Jackman, Tom. “Rules Separate Mentally Ill From Treatment; With ‘Imminent Danger’ Requirement and Scant Resources Keeping Help Out of Reach, Some Become Violent.” Washington Post. 29 May 2006: B01. LexisNexis.)):

State Sen. Ken Cuccinelli (R-Centreville), a friend of Garbarino’s, proposed laws in the last legislative session that would have provided for more outpatient commitments and more legal help for families of the mentally ill. Both proposals failed, he said.

Richmond Times-Dispatch, January 23, 2007 ((Whitely, Tyler. “Cuccinelli’s bill takes aim at reporters; Press groups protest measure he says will help grieving people.” Richmond Times-Dispatch. 23 Jan. 2007. LexisNexis.)):

Press groups are attacking the constitutionality of a bill aimed at stopping reporters who go onto someone’s property to inquire about a death or other personal loss.

“It’s aimed at scuzzball reporters who have not a shred of human decency,” said the sponsor, Sen. Ken Cuccinelli, R-Fairfax.


Cuccinelli said the bill stems from an incident in Fairfax last year in which three reporters went onto the property of a Fairfax police officer who had been killed.

“One was literally staring through the window while the dad was explaining to his two daughters why mom was not coming home,” he said.

Cuccinelli said, “It is not a situation that is widespread, but is not uncommon either at lots of tragedies.”

The measure would make people who go onto residential property when they have reason to believe that the resident suffered a substantial personal, physical, mental or emotional loss or injury guilty of trespassing if they go onto the property within a week of the incident.

The Washington Post, January 27, 2007 ((Gardner, Amy. “Virginia Briefing.” Washington Post. 27 Jan. 2007: B03. LexisNexis.)):

After the shooting of two police officers in Fairfax County last year, a local TV crew tried to interview the family of one of the slain officers.

That prompted Sen. Ken Cuccinelli II (R-Fairfax) to introduce a bill to block what he calls “scuzzball” journalists from bothering families who have suffered a loss.

The Washington Post, September 6, 2007 ((Gardner, Amy. “Cuccinelli Struggles To Appease His Base; Vote Prompts Dissent From Right.” Washington Post 6 Sept 2007: B01. LexisNexis.)):

Cuccinelli’s base consists of many single-issue voters for whom lower taxes are less important than, say, abortion or gun rights. He is also popular among police officers; about 10 percent of the Fairfax County police force lives in his district, he said.

The Washington Post, November 1, 2007 ((Cuccinelli, Kenneth T. “Kenneth T. Cuccinelli (R).” Washington Post. 1 Nov. 2007: VA31. LexisNexis.)), quoting Sen. Cuccinelli:

What is the most urgent problem facing your jurisdiction?

“During my tenure in the Senate, we’ve increased transportation spending from $6 billion to over $9 billion, and I have helped the communities in my district with traffic flow and safety improvements. I have also been endorsed by the Fairfax Coalition of Police because of my commitment to public safety. Bringing more education funds home from Richmond to Fairfax and removing the incentives for illegal immigration have also been top legislative priorities for me. I have also been an effective advocate for those with mental illnesses and disabilities, helping those who can’t help themselves.”

AP State & Local Wire, March 31, 2008 ((Lewis, Bob. “Cuccinelli to make Republican run for Va. attorney general.” The Associated Press State & Local Wire. 31 Mar. 2008. LexisNexis.)):

But Cuccinelli, a lawyer in private practice, has much more quietly established himself as an authority in the General Assembly on issues affecting the mentally ill.


Cuccinelli, however, was sponsoring legislation to tighten Virginia’s broken system of identifying and treating the mentally ill by court fiat if necessary long before the Tech killings.

Since 2004, Cuccinelli has authored nearly 30 bills on the issue, including six during the 2007 session that dealt with judicial commitments for those needing mental health services.

Weeks later, the Tech massacre was carried out by Seung-Hui Cho, a student who had slipped through the mental health care system despite behavior that repeatedly alarmed members of the university’s faculty, administration, police and other students. A court’s order that Cho receive help was futile.

In the 2008 session, Cuccinelli was the Senate’s top authority on the issue as the General Assembly enacted a broad slate of mental health reforms in response to the carnage.

The Washington Post, October 16, 2008 ((Jackman, Tom. “Families of Two Slain Officers Get $300,000 Each; Teen’s Parents Were Sued for Negligence.” Washington Post. 16 Oct. 2008: VA04. LexisNexis.)):

The tragic tale of Detective Vicky O. Armel and Officer Michael S. Garbarino, two Fairfax County police officers who were shot to death by a mentally ill teenager in 2006, ended quietly in a Fairfax courtroom late last month when their families settled their lawsuits against the youth’s parents for $300,000 each.

Some details emerged during the course of the suit, which came from the meticulous investigation by Fairfax homicide detectives, according to Kenneth T. Cuccinelli, the attorney for both families and a longtime friend of Garbarino’s. The two sides mainly agreed on the facts of the May 8, 2006, shooting behind the Sully police station because lead Detective Robert J. Murphy and others “literally tracked every second of each bit player in this drama,” Cuccinelli said. “They could tell you where each person was. They put it all back together.”

Richmond Times-Dispatch, December 18, 2008 ((Nolan, Jim and Tyler Whitley. “Governor: More cuts are possible.” Richmond Times-Dispatch. 18 Dec. 2008: A-1. LexisNexis.)):

Republicans also questioned Kaine’s proposed change to release nonviolent prisoners up to 90 days early, which would save about $5 million a year.

“One of the advances of the last 13 years was the abolition of parole,” said Sen. Ken Cuccinelli, R-Fairfax, one of three GOP lawmakers seeking the party’s nomination to run for attorney general. “This breaks with the public trust.”

AP State & Local Wire, February 18, 2009 ((Potter, Dena. “House, Senate set up budget negotiations.” Associated Press State & Local Wire. 18 Feb. 2009. LexisNexis.)):

The Senate committee retained a provision that would allow for the early release of nonviolent offenders, but reduced the number of eligible inmates by about 500. Kaine proposed releasing about 1,100 inmates 90 days early to save money.

It was that provision that drew the only complaints from Republicans.

Sen. Kenneth Cuccinelli, R-Fairfax, warned that letting prisoners out early would be the “abolition of the abolition of parole.” Virginia’s 15-year-old truth-in-sentencing law has been a point of pride for Republicans.

The Washington Post, February 25, 2009 ((Kunkle, Frederick. “Fairfax Senator’s Unlikely Stand; Death Penalty Bill Opposed.” Washington Post. 25 Feb. 2009: B01. LexisNexis.)):

Cuccinelli is a supporter of capital punishment and has backed other measures to expand its use, including a bill this year to broaden the definition of law enforcement officers whose killing could be punished by the death penalty. Under that bill, sponsored by Del. Brenda L. Pogge (R-York), the state could seek the death penalty for any person who killed an auxiliary police officer, auxiliary sheriff’s deputy, a fire marshal or an assistant fire marshal with police powers.

Why can’t John Brownlee stop lying about Ken Cuccinelli?

As defined by Webster:

Main Entry:


Inflected Form(s):
lied; ly·ing

Middle English, from Old English lēogan; akin to Old High German liogan to lie, Old Church Slavic lŭgati

before 12th century

intransitive verb
1 : to make an untrue statement with intent to deceive
2 : to create a false or misleading impression

transitive verb
: to bring about by telling lies <lied his way out of trouble>

The Virginia Senate recently voted to remove the triggerman rule that is currently in place in regards to capital murder cases.

As the law is currently, with the exception of cases of murder for hire, murder for an “continuing criminal enterprise”, or terrorism; to charge someone with capital murder and then pursue the death penalty, the person charged must be the triggerman in the murder. Principles in the second degree — which are people that assist in the commission of the crime — can, however, be charged with first degree murder.

Cuccinelli was the lone Republican to vote against the removal of the triggerman rule. He cited his reasoning in an e-mail two weeks ago to people on his mailing list:

For some time now, John Brownlee has deliberately distorted my position on the death penalty. As a candidate for Attorney General, I do not take distortions and misrepresentations lightly, and neither should you. Virginians have grown weary of distortions and half truths in politics, and unfortunately, this is not the first time this has happened in this race. The last time he did something like this, I called him on the phone and discussed it with him personally.

But when these sorts of distortions continue, my response is not to distort things myself, but to point out my competitor’s distortions. That let’s you, the voters of Virginia, factor this information into your decision about who to support for AG. Let’s face it, when you vote for someone for office, you get more than a package of positions, you get that person too.

So you have the information yourself, I have always been a supporter of Virginia’s death penalty law. In the Senate, I have consistently fought against Democrats’ efforts to impose a death penalty moratorium – and I have opposed efforts to allow endless appeals in death penalty cases.

As a State Senator, I have voted to extend the death penalty to people who murder trial witnesses, judges and law enforcement officers. And as your Attorney General, I am committed to upholding the death penalty verdicts of our juries and will work to defend and strengthen our capital punishment law from intrusions and attempts by the left to derail it.

I also have supported and will continue to support the death penalty under the current exceptions to the “triggerman rule” for (1) terrorism (including the beltway sniper case), (2) murder for hire, and (3) criminal enterprises/gangs. However, there have been legislative attempts to completely eliminate the triggerman rule, which I believe would be too broad an expansion. That’s the only expansion of the death penalty that I have ever opposed, while supporting other expansions and always defending our current death penalty statute.

So the next time you hear John Brownlee or one of his surrogates giving a distorted rendition of my position supporting capital punishment, print this out and hand it to Mr. Brownlee.

Brownlee also falsely states “[o]n his campaign Web site, Brownlee said the triggerman rule complicated the state’s efforts to seek the death penalty against Washington area sniper John Allen Muhammad. Whether Muhammad or a juvenile accomplice fired the shots that killed 10 people in 2002 was an issue during his trial” (The Washington Post). Um, excuse me, but John Allen Muhammad was charged with capital murders done in the commission of terrorist activity. As I pointed out above, and as Cuccinelli did in his e-mail, there is no triggerman rule when it comes to capital murder charges involving terrorism. Does Brownlee know anything at all about the John Allen Muhammad trial or the hell that citizens in this area had to put up with when John Allen Muhammad was running around killing or shooting everyone from children to the elderly?

Brownlee also claims that since Cuccinelli doesn’t support the abolition of the triggerman rule, ipso facto, he doesn’t support law enforcement. Here’s just a small sample of things Cuccinelli has done for the law enforcement community:


Cuccinelli was “a longtime friend” of Fairfax County Police Officer Michael S. Garbarino according to The Washington Post, one of two Fairfax County police officers who were killed in the line of duty during the Sully police station shootout in 2006. The Richmond Times-Dispatch covered Garbarino’s funeral and reported the following:

State Sen. Ken Cuccinelli, R-Fairfax, fought back tears several times during his remarks. At one point, he turned to Garbarino’s daughters and told them their father was a leader, a teacher and a hero.

“He’s a father you can be proud of forever,” he said.

Cuccinelli would later represent both Garbarino’s and Detective Vicky O. Armel’s families in a civil suit against their murderer’s parents for negligence and wrongful death. He managed to secure $300,000 for each victim’s family.

While in the General Assembly, this is just a small sample of legislation that Ken Cuccinelli has been involved with:

2003 session: Co-Patron (Virginia’s term for co-sponsorship of legislation) on two resolutions remembering the late Troopers Charles Mark Cosslett (HJ 895) and Michael T. Blanton (HJ 899), both of whom were killed in the line of duty. Co-Patron of legislation that expanded the definition of “sexually violent predators” and allowed for easier civil commitment procedures (SB 1149). Co-Patron of legislation that created the Child Pornography Images Registry to allow for easier prosecution of child pornography cases; also increased the punishment for child pornography cases (SB 1153). Co-Patron of legislation requiring state buildings to have Code Adam procedures in place; created the Virginia Amber Alert Plan (SB 1204).

2005 session: Chief Patron of legislation that expanded the requirements of overtime compensation for law enforcement officers (SB 873). Co-Patron of legislation that would have “[p]rovide[d] for funding of continued health insurance and death benefit payments for eligible state employees under the Line of Duty Act”, which covers law enforcement officers (SB 878).

2006 session: Chief Patron of legislation that would have ensured that state law enforcement officers received the same expanded overtime compensation requirements that were passed in 2003 (SB 657). Chief Patron of legislation that expanded the definition of “sexually violent predators” and expanded the ability of the Office of the Attorney General to access child protective services records (SB 694). This piece of legislation was incorporated into a larger bill, SB 559, which significantly revamped the state’s Sex Offender Registry, which Cuccinelli was also a Co-Patron of. Co-Patron of legislation that increased penalties for people that commit sex crimes when they should be on the Virginia Sex Offender Registry, but haven’t registered (HB 561), which was incorporated into HB 984. Chief Patron of legislation that would have made “several changes in the process and procedures afforded to [law enforcement] officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation” (SB 697). Co-Patron of a resolution commending the Virginia Capitol Police and its head, Colonel George B. Mason, Jr. (SJ 296). Co-Patron of a resolution celebrating the life of Officer Seneca B. Darden of the Norfolk Police Department, who was killed in the line of duty (SJ 5035).

2007 session: Again the Chief Patron of legislation that would have made “several changes in the process and procedures afforded to [law enforcement] officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation” (SB 776).

2008 session: Co-Patron of legislation that would have given the expanded overtime compensation requirements that were passed in 2003 to employees of the Virginia State Police (SB 269). Chief Patron of SB 76 and Co-Patron of SB 355 that would have made “several changes in the process and procedures afforded to [law enforcement] officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation”.

Unfortunately, this is just the latest in a long series of lies from Brownlee and his camp. Last week, it was lies from Brownlee (and his crazy blog supporters) regarding Cuccinelli’s service in the Marine Corps.

The earliest instance that I can find (July 2008) were claims from Brownlee that he was just as conservative as Cuccinelli on the issue of abortion; that he and Cuccinelli both supported raped, incest, and a mother’s health exceptions to a ban on abortion. As D.J. McGuire pointed out, Cuccinelli does not support rape and incest exceptions; Cuccinelli follows the “Catholic Doctrine” when it comes to abortion: a total ban except for an exception for the mother’s health.

Does Brownlee have absolutely no idea what he’s talking about; or does he just go around lying?

Is it safe to call John Brownlee (Republican candidate for Attorney General) a clown yet?

If nothing else, he’s a liar.

Right now, John Brownlee is battling Ken Cuccinelli (and David Foster for that matter) for the Republican nomination for Attorney General.

In a single bio on a single website, Cuccinelli’s bio notes that he served as a Second Lieutenant in the United States Marine Corps. A couple of Brownlee’s loony-ass blog supporters started a swan-song wondering why Cuccinelli doesn’t mention his Marine Corps service more often, and, ipso facto, he must be lying about it.

As Virginia Virtucon noted a couple days ago, Cuccinelli was commissioned as a Second Lieutenant following completion of the Marine Corps’s Office Candidate School (OCS) at Quantico; was deactivated while he completed law school; and after he got his JD, the Marine Corps determined that they had enough lawyers. Cuccinelli requested a transfer to infantry, which was denied, and he was RIFed (reduction in force) out of the Corps. Cuccinelli doesn’t consider his service in the Marine Corps remarkable and as significant as compared to those that fought and died for this country while in the Corps and the other branches of the military. Now, those same loony-ass Brownlee supporters are demanding that Cuccinelli release his military records to prove this.

Brownlee is going around claiming that he is the only veteran that’s running for Attorney General this year (Virginia Virtucon again [different link]). If Cuccinelli was to point out that he served in the Marine Corps, completed OCS, and was then discharged, he would come off as being petty.

The fact that Brownlee is also claiming to be the only veteran running for AG also begs this question: Why are his loony-ass blog supporters attacking Cuccinelli’s Marine Corps service? As Shaun Kenny points out (Id. in comments section), the simplest explanation is usually the correct one.

Ironically those same Brownlee supporters aren’t demanding that Brownlee release his own military records. However, since they won’t, I am. How do we know that Brownlee was in the United States Army? Are we to trust him at his word when Riley at Virginia Virtucon has already shown him to be a liar?

Of course, even if Brownlee does release his military records, I’m not voting for him if he’s the Republican nominee come November.