From the Archives: Attorney General Cuccinelli calls Charlottesville ABC sting operation 'overkill'

Attorney General Cuccinelli calls Charlottesville ABC sting operation 'overkill'
July 3, 2013 4:17 PM MST

Virginia Attorney General Ken Cuccinelli characterized as “overkill” an ABC sting operation in Charlottesville that resulted in a University of Virginia coed spending a night in jail and being charged with three felonies.

Cuccinelli, who is also the 2013 Republican nominee for governor, made his remarks during a July 3 interview with afternoon radio host Coy Barefoot on WCHV-FM.

The April 11th incident has received national attention since the charges against Elizabeth Daly were dropped by Charlottesville Commonwealth's Attorney Dave Chapman on June 27. Change.org is currently circulating a petition demanding that the Department of Alcoholic Beverage Control apologize to Daly and her two companions and to discipline the officers involved.

Late in the evening of April 11, Daly and two friends purchased cookie dough, ice cream, and canned sparkling water at the Harris Teeter store in Barracks Road Shopping Center. A group of six ABC agents, mistaking the water for beer, approached them.

The women did not recognize the agents as law enforcement personnel, called 911 to report their fears, panicked, and drove away. Daly was subsequently charged with striking two of the agents with her car and evading arrest, charges that brought with them the threat of up to 15 years in prison.

Well-placed concern

“I think your concern for overkill is well-placed,” Cuccinelli told Barefoot. “Mind you, I have not spoken to the agency about this,” he explained, so his knowledge of the situation has been based upon press reports.

However, Cuccinelli added, “these folks have a job to do, but do you really need a half dozen of them? Let's say this was hard liquor” that Daly allegedly bought. “So what?”

Based on the descriptions he had seen, the Attorney General said, “it seems to me that frankly – even if she bought beer or something – she got more than enough punishment in jail.”

Cuccinelli said, putting himself in the shoes of the women that night, “if I see a bunch of men surrounding me, that's going to instill a lot of fear in me.”

'Extreme measures'

Noting that, as an undergraduate at UVA, he had helped start a sexual assault prevention group on campus, Cuccinelli explained that he is “glad it didn't turn out worse than it did. It would have turned out worse for the agents. If I'm defending myself and I'm in my car, and I'm a young woman worried about sexual assault, I'm going to use extreme measures to keep myself safe.”

Why, he asked, “do we have six ABC agents staking out one store? It doesn't seem particularly wise. You end up with confrontations like this that could turn out a lot worse.”

Asked by Barefoot if he would teach his daughters to behave with the same sort of caution that Daly and her companions displayed that night, Cuccinelli exclaimed: “Absoflippinlutely!”

“I would never suggest to my daughters that they just trust what they've been told,” by people who might or might not be law enforcement officers. Those women, he said, “did exactly the right thing” by calling 911 and attempting to drive to the nearest police station.

“The important thing for us on the law enforcement side is we need to learn from this,” Cuccinelli said. “We need to be more concerned about the perspective of the person on the street.”

He pointed out that “the average person buying alcohol, even if they're buying it illegally, does not have the idea of escalating [the act] violently to complete the crime.”

Cuccinelli expressed confidence that higher-level officials at the ABC had already “had some serious conversations with [the agents] about their tactics.”

Looking forward, the gubernatorial candidate concluded, “what the rest of us need to do is [to ensure] the likelihood of this ever happening again gets as close to zero as we can make it.”

Publisher's note: This article was originally published on Examiner.com on July 3, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Attorney General Ken Cuccinelli says Obamacare decision is 'a win for liberty'

Attorney General Ken Cuccinelli says Obamacare decision is 'a win for liberty'
June 28, 2012 11:30 AM MST

In a press conference today, Virginia Attorney General Ken Cuccinelli said that the Supreme Court’s health-care decision was a “victory for individual liberty” and that his initial reaction to the ruling was more negative than it ought to have been.

Speaking to reporters in Richmond and via telephone conference call, Cuccinelli called the ruling “a win for liberty” and explained that for the first time in 85 years, the Supreme Court had set “an outer limit” on the expansion of federal authority through the Commerce Clause.

He said that by its 5-4 ruling on the limits of the Commerce Clause, the Court had put in place a “critically important containment of federal power” and that in the parts of the ruling dealing with Medicaid, the justices had for the first time since the New Deal said that Congress has limited power to compel states to act through its spending authority.

Politics and legislation
Moreover, Cuccinelli argued, by defining the individual mandate as a “tax,” as Chief Justice Roberts did in his majority opinion, the Court opened up political challenges to the law because Congress’s taxing authority is the most accountable and sensitive of its powers to popular will.

By calling it a tax, he said, the Court (specifically the Chief Justice) removes the political cover for those legislators who claimed not to have voted for a tax increase. They can no longer go back to their home districts and say they did not vote for a tax, he said, and thus they will be subject to the judgment of voters on Election Day.

Given that, Cuccinelli predicted that, with the impending elections this November, the ruling will show the critical role that voters play in “ensuring that their liberties are preserved.”

‘Bipartisan failure’
As a policy matter, Cuccinelli said, health-care legislation has been “a bipartisan failure” and that the Affordable Care Act is such a “bad policy” that even the people who supported it are backing away from it, as a constitutional matter, “individual liberty has been substantially preserved in this case.”

He also noted that, apart from the aspects of the law addressed in the decisions delivered by the Court today, there are still matters about the ACA that continue to be litigated. He gave as an example the lawsuit filed by the Catholic bishops with regard to contraceptives.

Federalism preserved
Cuccinelli said that the justices came to their decision in an “unlikely way,” but that “if there had been five votes to compel us into commerce, federalism would have been dead,” pointing out that Justice Ruth Bader Ginsburg, in her dissent on the Commerce Clause part of the ruling, claimed that the “Commerce Clause power is plenary,” that is, unlimited.

Wrapping up, the Virginia Attorney General said that upon reflection, his analysis of the Supreme Court’s health-care ruling is more muted than his initial reaction was, and that “by and large” the decision preserved individual liberty.


Publisher's note: This article was originally published on Examiner.com on June 28, 2012. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Virginia governor hopeful Tareq Salahi is 'pro-same-sex marriage,' pro-hemp

Virginia governor hopeful Tareq Salahi is 'pro-same-sex marriage,' pro-hemp
February 12, 2013 4:11 PM MST

While the two major parties have essentially decided on their nominees for governor of Virginia this year – Terry McAuliffe is the presumptive Democratic nominee and Ken Cuccinelli will be the Republican nominee, barring unforeseen events – there is also one declared independent in the race.

Warren County businessman Tareq Salahi originally entered the campaign for the Republican nomination but later announced he would be running in the general election for governor as an “independent Republican.”

Even though Salahi has served as a gubernatorial appointee to the Virginia Wine Board, the Virginia Wine Tourism Office, and the Virginia Tourism Office, he is best known as one of the “White House gatecrashers” who attended a state dinner without an invitation in 2009 -- an experience he does not omit in recounting his past.

'Socially moderate'
Salahi sat for an interview with the Charlottesville Libertarian Examiner in his home near Front Royal and answered questions on a wide range of issues, including transportation, legislative redistricting, and attracting new businesses to Virginia.

Describing himself as “fiscally conservative” and “socially moderate,” Salahi talked about his views on legalizing marijuana and same-sex marriage, two hot-button social issues.

He said he supports repealing the 2006 Marshall-Newman Amendment to the Virginia Constitution, which prohibits same-sex marriages and civil unions.

Government, he said, does not “belong in the bedroom. Love is love, a relationship is a relationship. There's just no room and no reason for the U.S. or state government to be involved. That [amendment] needs to be repealed. I'm just pro-same-sex marriage. I'm pro-gay rights.”

Salahi emphasized his point by adding, “My views on this are very clear. We haven't made that very loud yet. I'm sure that's going to be coming. I'm pro-same-sex marriage. Yeah, we need to move forward on this in Virginia”

He asserted that Virginia's ban on same-sex marriage hurts the state's economy.

“Virginia's a good leader in the country,” he said.

“We need to continue to be a good leader. We're a leader in many areas. We're one of the best places to do business. I don't want to see businesses not come to Virginia because we're against their [employees'] rights.”

'Hurting jobs'
Why, he asked, “would want to do that? Why would we want to discriminate against [them]? That's hurting jobs and that's hurting bringing more business to the Commonwealth of Virginia.”

Salahi suggested that continuing Virginia's ban on gay marriage was the result of shortsightedness among policymakers.

“People don't see the bigger picture sometimes,” he said. “They can have a very narrow mind because of the way they were taught or what they were told was the only way to be. But again,” he concluded, “government doesn't belong in the bedroom and I don't want to see it in there in any form.”

On the question of legalizing marijuana, which led to national headlines when Attorney General Ken Cuccinelli entertained it, Salahi said he is “open to the idea” but that his campaign team would want to study it by polling Virginia voters “o see what Virginians want.”

If he finds out that “Virginians want it and if it's good for Virginia,” he explained, and if legalizing marijuana “can make money for Virginia and become a profit tool for Virginia,” he will favor it.

'More jobs'
Salahi pointed out that in Colorado and Washington state, where personal use of marijuana was legalized by voter initiative last year, “they're talking about not just a few million, they're talking about hundreds of millions of dollars in revenue for their states.”

Therefore, he concluded, if “it's good for Virginia and Virginians want it and it brings more jobs and it brings more economic impact to the Commonwealth, then I'm not opposed to it.”

Salahi was unequivocal when asked a related question about ending the prohibition on producing industrial hemp on Virginia's farms.

“Yeah, no question,” he said. “There's no reason why we shouldn't” legalize the growing of hemp for industrial purposes.

“If it's positive, if it's good, if it's handled properly and done correctly, then yes,” he said, apologizing for "a long answer for that question.”


Publisher's note: This article was originally published on Examiner.com on February 12, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Virginia political leaders mourn passing of Supreme Court Justice Leroy Hassell

Virginia political leaders mourn passing of Supreme Court Justice Leroy Hassell
February 9, 2011 1:53 PM MST

On February 9, the Virginia Supreme Court announced the death of one of its members, Justice Leroy Rountree Hassell, Sr., who had served on the state’s top bench since 1989. He also served as Chief Justice from 2003 through the end of last month.

Born and raised in Norfolk, where he attended Norview High School, Hassell was a graduate of the University of Virginia in Charlottesville as well as of Harvard University Law School. He was 55 years old at the time of his death.

Governor Bob McDonnell has ordered that all flags at local, state, and federal buildings in Virginia will be flown at half-staff until Justice Hassell’s burial.

Calling Justice Hassell “a personal friend who will be greatly missed,” Governor McDonnell recalled “numerous private lunches” with the judge, in which he displayed “keen insights into the human spirit.”

'Brilliant legal mind'
With Hassell’s death, McDonnell said, “Virginia has lost a brilliant legal mind, accomplished jurist and devoted public servant.”

Hassell, McDonnell added, had passion and drive that led to his becoming a state Supreme Court justice at the age of 34, “one of the youngest justices in the history of the court.”

McDonnell noted that when Hassell became the first African-American chief justice in 2002, it was “a monumental achievement for Virginia and for him.”

The Governor praised the Hassell for “standing his ground on principal in the court, making his concerns known in an effort to improve the judicial system.”

'Well respected by all'
Lieutenant Governor Bill Bolling also issued a statement, saying in an email message:

“Chief Justice Hassell’s impact on Virginia’s judiciary will be felt for many years to come. As the first African-American Chief Justice of the Virginia Supreme Court, Chief Justice Hassell played an important role in continuing our state’s progress toward a more perfect union. He was well respected by all who knew him and worked with him.”

'Culture of merit and justice'
Attorney General Ken Cuccinelli said in his own statement that “Chief Justice Hassell played an important role in helping our generation look beyond the racial lines that separated us, and toward a culture of merit and justice that unite us. He was both generous and resolute in his determination to help his fellow man. Virginia is greater and stronger because of his example, and he will be greatly missed.”

According to the Governor's office, Justice Hassell's body will lie in state in the capitol building in Richmond prior to his burial. At press time, complete funeral arrangements had not been released.


Publisher's note: This article was originally published on Examiner.com on February 9, 2011. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue

Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue
February 9, 2013 1:16 PM MST

Replying to a question from a self-described former addict about marijuana legalization, Virginia Attorney General Ken Cuccinelli used the opportunity to explain his views on federalism to an audience of Republican activists in Albemarle County on February 9.

Cuccinelli, a candidate for governor in 2013 and author of a new book scheduled to be published on February 12, The Last Line of Defense: The New Fight for American Liberty (Crown Forum, 272 pages, $25), said that “one of the problems with the ever-layering on of federal regulations and commands about how we all run our governments, our local governments, our businesses, is this sort of maniacal drive that we all be the same.”

Diversity, Cuccinelli explained, “is a strength of this country. We shouldn't try to wring it out, including intellectual diversity and policy diversity, because we get these sorts of experiments and some of them don't work and some of them may work.”

Colorado and Washington
Earlier in the week, the Attorney General had told students at the University of Virginia that, with regard to the legalization of recreational use of marijuana by voters in Colorado and Washington state, “I and a lot of people are watching Colorado and Washington to see how it plays out.”

Cuccinelli used his appearance at the Albemarle GOP breakfast to clarify and expand on his remarks at UVA.

“What I expressed to [the students] was an openness to observe how things work there, both in terms of the drug side and the economics. One issue that is often discussed is how the war on drugs itself has played out. Have we done this the right way? It's been phenomenally expensive.”

If the government, he said, is “going to put people in jail and spend $25,000 [to] $30,000 a year for a prison bed, do we want it to be for someone who's pushing marijuana or pushing meth? I'll tell you what, that $30,000 for the meth pusher is well worth the deal.”

Different kinds of illicit drugs, he said, are “not the same” and policymakers have to set priorities in terms of law and of how the laws are enforced.

“We have limits on our budget and our ability to police this, so we've got to make these kinds of distinctions over time.”

'Simple federalism experiment'

The benefit of the legalization of cannabis in Colorado and Washington, he explained, is that “having data from a couple of states, whole states, that go down this path may not be good news but it will be interesting and it will be something we can learn from.”

The situation in those two Western states “is going to be interesting on several levels,” he said, including “as a simple federalism experiment.”

What, he asked, is “the federal government going to do? What are they going to do? How is this interaction between the states and federal government going to take place?”

Cuccinelli said he has no “problem watching that. It's a peculiar subject but I do think it's important that states try some things they think are appropriate and whether the federal government approves or not, the rest of us watch and learn.”

Undermining federalism
He explained he had told the UVA students, “I'm ready to watch and learn. I'm not ready to do it [legalize marijuana] but I don't want to just never ever say never to the possibility in the future.”

When the federal government forces all states to be uniform, he said, diversity and experimentation are undermined.

“We're not going to have any [experiments] if the federal government is just squashing all of us,” Cuccinelli said, adding: “That's something I have fought against as AG.”

At the same time, he continued, “I don't want you to think that I'm going to land in the governor's office and sign a legalization bill. I don't think you have to worry about it getting to the governor's desk but it's worth knowing what your candidate's saying.”


Publisher's note: This article was originally published on Examiner.com on February 9, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Virginia U.S. Senate candidates react to Fourth Circuit gay marriage ruling

Publisher's note: This article was originally published on Examiner.com on July 29, 2014. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site was scheduled to go dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Virginia U.S. Senate candidates react to Fourth Circuit gay marriage ruling

Two of the three candidates for the U.S. Senate from Virginia released official statements in reaction to the Fourth Circuit Court of Appeals ruling in Bostic v. Rainey, affirming that same-sex couples have a constitutional right to marry.

The 2-1 decision upheld a February federal district court ruling that Virginia's constitutional amendment banning same-sex marriage is unconstitutional under the Fourteenth Amendment.

Incumbent Senator Mark Warner (D-Alexandria) issued a statement from his office in the form of a news release.

“I am so happy that yet another federal court agrees that Virginia’s ban on gay marriage is unconstitutional,” said Warner, who is seeking a second term in 2014. “Allowing people to marry who they love is the right thing to do, and it also strengthens our families and our communities. Virginia should be a welcoming place for all, and I am very pleased at the rapid progress toward marriage equality that we’re seeing in Virginia and around the country.”

Robert Sarvis, the Libertarian Party nominee who is challenging Warner this fall, also distributed a press release. Sarvis had made marriage equality a priority issue in his 2013 campaign for governor, when he won 6.5 percent of the vote in a three-way race against Republican Ken Cuccinelli and Democrat Terry McAuliffe.

Public opinion shift
“Marriage freedom is a deeply important issue to me,” said Sarvis, “which is why I made it a centerpiece of my campaign for governor last year.” He noted that it was a Virginia case, Loving v. Virginia, that led to the U.S. Supreme Court's ruling that prohibitions on mixed-race marriages are unconstitutional -- a ruling that made Sarvis' own marriage legal in Virginia.

“Public opinion in Virginia has shifted dramatically since the Marshall-Newman Amendment was enacted in 2006. In fact,” Sarvis pointed out, “polls now show that a majority of Virginians support marriage equality.”

Sarvis explained that while he preferred that Virginia change its marriage laws “through the democratic process,” it was judicial action that made it possible to see “same-sex couples in Virginia celebrating their marriages and enjoying equal treatment under the law.”

The LP candidate ended his statement with a warning that “this decision would not have been possible if the U.S. Constitution had been amended to ban same-sex marriage, as my Republican opponent Ed Gillespie advocated when he was the Chairman of the Republican National Committee.”

A request from the Charlottesville Libertarian Examiner for a reaction to the appeals court's ruling from GOP Senate candidate Ed Gillespie resulted in a brief reply from a campaign spokesman, who said only that, “as Ed said in the [Virginia Bar Association] debate, marriage is properly the jurisdiction of the states,” with no further explanation or clarification.

SUGGESTED LINKS

'Republicans have learned a lesson' says GOP Senate candidate Ed Gillespie
Senator Mark Warner defends his record against GOP challenger Ed Gillespie
'Proselytizing for freedom,' Robert Sarvis bids for U.S. Senate in Virginia
Libertarians praise Supreme Court's gay marriage ruling in DOMA case
Author Brian Doherty explains Ron Paul’s ambivalence on gay issues

Original URL:  http://www.examiner.com/article/virginia-u-s-senate-candidates-react-to-fourth-circuit-gay-marriage-ruling

What Were the Top 10 Charlottesville Libertarian Examiner Stories in 2013?

Over at Examiner.com, I have posted a listicle featuring the top ten stories reported by the Charlottesville Libertarian Examiner during 2013.

I used Google Analytics to provide the statistics and generate the top-ten list. Technically, the article I listed as number 10 was number 11.

The reason for that is that the article that came in ninth, according to Google Analytics, was originally published in November 2010. It's an interview I conducted with author and documentary filmmaker Mary McDonagh Murphy at the Virginia Film Festival that year, when she presented Hey, Boo: Harper Lee & To Kill a Mockingbird.  (That film covers the same ground as Murphy's 2010 book, Scout, Atticus, and Boo: A Celebration of To Kill a Mockingbird.)

I suspect that the staying power of that three-year-old article, "Filmmaker: To Kill a Mockingbird was ‘ammunition in the civil rights movement'," is largely the result of web searches by high-school students doing research for a term paper about Harper Lee's famous novel or its well-regarded movie version.

Since just nine of the top ten stories for 2013 were actually published in 2013, I decided to skip number nine and include number 11 to reflect more accurately the events of this year.

Here's part of my summary of the 2013 top ten. I'll omit the "number one" article for now. If you want to see that story and be as surprised by it as I was, click here.

Virginia politics, the 1963 Kennedy assassination, humorist Tina Fey, marijuana legalization, liquor laws, and the Boston Marathon bombers dominated the most popular stories reported by the Charlottesville Libertarian Examiner during 2013.

Given that 2013 was a gubernatorial election year in Virginia, it comes as no surprise that articles about Democratic candidate Terry McAuliffe (now governor-elect) and his Republican rival Ken Cuccinelli drew a large number of views. Cuccinelli, in fact, was the subject of three of the top-ten stories, although Libertarian candidate Robert Sarvis entered the top ten only in an interview about the election with political scientist Larry Sabato. Marijuana-smoking lieutenant governor candidate E.W. Jackson (R) also made the list.

The JFK assassination was a trending topic on Twitter and Google through much of November, and an interview with Lee Harvey Oswald's co-worker ranked third. (An interview with another assassination witness just missed the cut, at twelfth among 2013 stories.)

Publishing this top-ten list continues a tradition I began in December 2011.  That first yearly list was divided into three parts published over three days: Part I, Part II, and Part III.  The second annual top-ten list, in 2012, was slimmed down into a single article published on the last day of the year.

Robert Sarvis Finishes Campaign in Downtown Charlottesville

Robert Sarvis in Charlottesville

Virginia gubernatorial candidate Robert Sarvis held his final campaign rally at the Free Speech Monument in downtown Charlottesville on Monday evening, November 4, just hours before polls open statewide for the 2013 general election.

Sarvis, the Libertarian Party's nominee, faces two rival for governor in Tuesday's election:  Republican Ken Cuccinelli and Democrat Terry McAuliffe.

The Libertarian candidate brought his wife, Astrid, and two young children to the rally, along with his mother, who cared for the kids while Sarvis answered questions from supporters and reporters.

Both NBC29 and the Newsplex were on the mall to interview Sarvis.

In this exclusive video of the complete Q&A with voters, Sarvis talks about immigration, taxes, abortion, transportation, reforming marijuana laws, privatizing state liquor sales, EPA stormwater regulations, Medicaid and health care policy, his reaction to being endorsed by the Danville Register & Bee, and generally reducing the size and scope of Virginia's government.

The video is unedited and there are some audio problems because a train rumbled down the nearby railroad tracks in the middle of the rally.

Polls open at 6:00 o'clock a.m. and close at 7:00 o'clock p.m. on Tuesday, November 5. The polling hours are uniform throughout the Commonwealth. Weather is predicted to be partly sunny with cool temperatures.

If Sarvis receives 10 percent or more of the vote, the Libertarian Party of Virginia will obtain official ballot status and will be able to nominate its candidates for public office in the same manner that Republicans and Democrats do, avoiding the lengthy, labor-intensive, and costly process of gathering petition signatures.  For statewide office, the law requires independent or third-party candidates to collect thousands of signatures across Virginia.

The Libertarian Evolution of George F. Will

Reason magazine's current issue has a lengthy interview with conservative columnist George F. Will, conducted by Nick Gillespie and Matt Welch, authors of The Declaration of Independents.  Not yet on line, the article is headlined "George Will's Libertarian Evolution."

That's a title I thought of using myself recently (and you will see a variant above) when I saw Will's October 23 column that virtually endorsed Virginia gubernatorial candidate Robert Sarvis, running as a Libertarian Party nominee, and I remembered Will's 1992 column about Libertarian presidential candidate Andre Marrou, which in the Washington Post was headlined "Consider a Libertarian?; Get Serious."

(I should mention that, as a campaign advisor, I accompanied Marrou to the interview with George Will at his Georgetown office that preceded the publication of the column, and we both came away from it feeling positive and expecting, perhaps naively, great praise and even an endorsement.)

At the Post, that article is behind a paywall, but I found a copy on the Baltimore Sun's web site.  Here are some tidbits:

There hangs about [Marrou] the acrid aroma of strange incense burnt at silly altars. There is, in fact, some Lenin in the clanking rhetoric by which he expresses his encompassing ideology, his life in the familiar 20th-century abode, the well-lit prison of one idea.

The idea is that ''government power is opposed to individual liberty.'' Must we still debate such sophomoric notions? One's spirit sags at the prospect of plowing all the over-plowed intellectual ground from late-night college arguments, long ago when we smoked French cigarettes and thought Italian movies were deep. But plow we must.

So, here goes: Police and armies that keep bad people at bay, and roads that make practical the freedom to travel, and education that makes people competent for life in a free society, these are not ''opposed to individual liberty.'' Besides, liberty, although very important, is not the only value. There are also justice, domestic tranquillity and a good five-cent cigar.

The Libertarians' extremism (they oppose laws setting minimum drinking ages, or banning concealed weapons, or restricting immigration, and so on) makes them unelectable, so their extremism also makes them safe recipients of protest votes....

All of which makes the Libertarians' frivolousness especially regrettable. Once upon a time there were politically serious third parties -- Bob La Follette's Progressives, Norman Thomas' Socialists -- which, by working at the margins, expanded first the nation's political discussion and then the nation's agenda. No more.

By contrast, Will's latest foray into commentary on Libertarian candidates has more negative to say about the Republican and Democrat running against the LP candidate than about the Libertarian Sarvis, whom Will finds so attractive he includes the script of a pro-Sarvis TV ad:

During an intermission in the telecast of a notably disagreeable McAuliffe-Cuccinelli debate, viewers heard from their television sets a woman’s voice asking, “Can’t vote for these guys?” Then Sarvis’s voice:

“Like you, I can’t vote for Ken Cuccinelli’s narrow-minded social agenda. I want a Virginia that’s open-minded and welcoming to all. And like you, I don’t want Terry McAuliffe’s cronyism either, where government picks winners and losers. Join me, and together we can build a Virginia that’s open-minded and open for business.”

McAuliffe is an enthusiast for, and has prospered from, government “investments” in preferred industries, which is a recipe for crony capitalism. Cuccinelli is a stern social conservative, an opponent of, among other things, gay marriage. Marriage equality interests Sarvis (whose mother is Chinese) because his wife is African American, so his marriage would have been illegal in Virginia before the exquisitely titled 1967 U.S. Supreme Court decision Loving v. Virginia.

Earlier in the piece, Will noted:

The Democratic and Republican candidates, Terry McAuliffe and Ken Cuccinelli, each say that no good can come from electing the other fellow; Sarvis amiably agrees with both.

In Sarvis, the man and the moment have met. He is running at a time of maximum distrust of established institutions, including the two major parties. He has little money, but McAuliffe and Cuccinelli have spent millions of dollars on broadcast ads making each other repulsive to many Virginians, who surely feel as Will Rogers did: “You got to admit that each party is worse than the other.”

To be sure, Will doesn't predict Sarvis will win, but he recognizes the value of the vote as a message-bearing mechanism:

Third-party candidacies are said to be like bees — they sting, then die. Still, Sarvis is enabling voters to register dissatisfaction with the prevailing political duopoly. Markets are information-generating mechanisms, and Virginia’s political market is sending, through Sarvis, signals to the two durable parties.

One aspect of that signal is that Virginia voters want an alternative to the Democrats and Republicans.

Robert Sarvis with Coy Barefoot

If Sarvis breaks the 10 percent vote threshold, the Libertarian Party will have official ballot status for the next four years, meaning the LPVA can nominate candidates the way the DPVA and RPV do, through caucuses and conventions (and even primaries), without going through the tedious, time-consuming, and expensive process of collecting petition signatures to get candidates' names on the ballot. Money that could instead go into voter education (TV and radio ads, direct-mail appeals, phone banking) now gets spent on ballot access.

For four years, if the LP is organized well enough to take advantage of its new status, Virginia Libertarians can spend money on campaigning rather than on petitioning.

Whether George Will explicitly knew about this aspect of Virginia election law is not really relevant. The fact that he recognized the Libertarian candidate as a torch-bearer for electoral choice as well as human liberty -- and that this represents a shift in his thinking over the past two decades -- is what I find significant.

Does Robert Sarvis Disdain Austrian Economics?

Robert Sarvis

Various individuals who have been trying to cast doubt on Virginia gubernatorial candidate Robert Sarvis' libertarian credentials have pointed to a comment he made in an interview with Ron Paul biographer Brian Doherty in Reason magazine, which has been interpreted to mean he is not entirely dedicated to Austrian economics, a staple of libertarian thinking.

Sarvis is the Libertarian Party's nominee for governor. He faces two rivals on Election Day, November 5: Republican nominee Ken Cuccinelli and Democratic nominee Terry McAuliffe.

Current public opinion polls show Sarvis might expect 8 to 10 percent of the vote, an unusually high number for a Libertarian (or any third-party or independent candidate for statewide office) so close to an election.

Charles C.W. Cooke cited the Reason interview on National Review Online on October 31, for example. 

Another instance of the questioning of Robert Sarvis' libertarian bona fides can be found on Examiner.com, where International Politics Examiner Andrew Moran wrote:

George Mason University is known for its free-market economics program (see Walt Williams). This is where Sarvis attained his economics degree. However, he doesn’t adhere to the principles of Austrian Economics, which is usually what libertarians promote.

Here is what Sarvis said in his interview with Reason: “I’m not into the whole Austrian type, strongly libertarian economics, I like more mainstream economics and would have been happy to go elsewhere.”

Wait does he mean “mainstream economics” that has gotten us into this current mess and continues to cause more problems?

An answer to that question may be found in an interview I did with Sarvis two years ago, when he was running for the Virginia state Senate.

That interview was also published on Examiner.com (just a coincidence). I had asked Sarvis about his favorite economist, and he offered up names of three people he admired: Friedrich Hayek, Adam Smith, and Scott Sumner.

It seems that, to Sarvis, "mainstream economics" means that derived from the work of Adam Smith, author of An Inquiry into the Nature and Causes of the Wealth of Nations.

Here's the relevant excerpt:

His libertarian philosophy is reflected in his answer when asked about his favorite economist. Without pausing, he named Friedrich von Hayek, the Austrian Nobel laureate who taught at the London School of Economics and the University of Chicago.

“Hayek is someone who really influenced my thinking,” Sarvis explained: “How to think about problems that face national economies and how public policy can influence it in many unintended ways.”


While a lot of people, such as talk-show host Glenn Beck, focus on Hayek’s 1944 book, The Road to Serfdom, Sarvis said he “was more influenced by his 'The Use of Knowledge in Society,' which was probably the seminal paper that won him the Nobel Prize, and also [volume] one of Law, Legislation, and Liberty, where he talks about rules and order.”

In addition to Hayek, Sarvis cites Adam Smith as an influence in his economic thinking.

“In philosophy, they say, there’s Plato and all else are footnotes,” he quipped. “I think that can be said more truly of Adam Smith than of Plato.”

Among contemporary economists, Sarvis pointed to Bentley University professor Scott Sumner, who blogs at TheMoneyIllusion.com. As Americans have focused on the financial crisis and the recession, he said, “Sumner has been the most persuasive in what exactly is going on [with regard to the] monetary policy mistakes of the Fed. We really are in many ways repeating some of the mistakes of the depression.”

Then there is Sarvis' biographical sketch on the web site of the Mercatus Center at George Mason University. (Both the Mercatus Center and the GMU economics department are hotbeds of Austrian economists.)

Emphasis added below:

Robert is a native of Northern Virginia and a lifelong believer in freedom, free markets, and the rule of law. He holds degrees in mathematics from Harvard University and the University of Cambridge and a JD from NYU School of Law. During law school, he co-founded a libertarian and classical liberal law journal, the NYU Journal of Law & Liberty, dedicating the first issue to Friedrich Hayek, and he has been outspoken in arguing against government regulation of the tech industry. Robert has worked as a software developer, a lawyer, and a tech entrepreneur, and his research interests span a wide range of topics relating to law, economics, and public policy.

Can the off-hand comment Sarvis made to Reason about his choice of a graduate school overwhelm the other evidence of his admiration for, and influence by, Austrian economists?

Rebublican Political Action Committee Needs Proofreader

Yesterday evening, I saw an independent pro-Cuccinelli TV ad on the NBC29 5 o'clock news in Charlottesville.

Produced by something called the "Conservative Campaign Committee," it praises gubernatorial candidate Ken Cuccinelli as a "Conservative Rebublican."

You read that right: "REBUBLICAN."

With friends like these, who needs Purple PAC?

You can see the video here.

(Cross-posted, in slightly different form, from Bearing Drift.)

Recent Articles on Examiner.com: Virginia Politics, Tina Fey, Paranoia, and JFK

Over the past few weeks, I have posted a number of articles as the Charlottesville Libertarian Examiner on Examiner.com, mostly interviews about the upcoming (November 5) Virginia election but also some author interviews and reports on events in Charlottesville and around Virginia.

Topics included (in no particular order) the government shutdown, Robert Sarvis, NSA spying on American citizens, Tina Fey's visit to the University of Virginia, birthers and truthers, John F. Kennedy's legacy as President, political paranoia, drones, Syria, Ken Cuccinelli, gay marriage, liquor laws, civil liberties, Tareq Salahi, the Supreme Court, Calvin Coolidge, the Boston Marathon bombers, E.W. Jackson, marijuana legalization, Terry McAuliffe, Charlottesville city council candidates, religious liberty, Gary Johnson, free markets, and former Republican presidents Dwight D. Eisenhower and Richard M. Nixon.

Here's the list in reverse chronological order:

General Assembly hopeful Laura Delhomme 'thrilled' to share ticket with Sarvis
Former NM Governor Gary Johnson talks about shutdown, surveillance, and Sarvis
JFK was 'cautious, conservative' says UVA political scientist Larry Sabato
Larry Sabato discusses Cuccinelli, McAuliffe, Sarvis in 2013 election
Virginia Film Festival to include documentaries on Kennedy, Nixon, Santorum

Robert Sarvis visits Charlottesville, talks about shutdown, health care, polls
TV star Tina Fey argues for importance of the arts at University of Virginia
Historian Jesse Walker discusses birtherism, trutherism, and AIDS conspiracies
Author Jesse Walker discusses political paranoia and conspiracy theories on 9/11
Congressman Robert Hurt expresses 'grave concerns' over potential Syria war

Congressman Bob Goodlatte 'skeptical' about U.S. military intervention in Syria
Virginia candidates gather in Buena Vista to launch campaign season
Two former Virginia governors assess 2013 gubernatorial campaign
GOP Senate candidate Shak Hill thinks government is 'overreaching'
Virginia LP governor candidate Robert Sarvis will push for liquor-law reform

Heritage Foundation's Matthew Spalding assesses the Calvin Coolidge revival
Attorney General Cuccinelli calls Charlottesville ABC sting operation 'overkill'
Charlottesville civil liberties lawyer assesses 2012-13 Supreme Court term
Libertarians praise Supreme Court's gay marriage ruling in DOMA case
LP gubernatorial hopeful Robert Sarvis aims for marriage equality in Virginia

Six Virginia Libertarian candidates advance to 2013 general election ballot
Journalist Christian Caryl investigates Boston's 'lone-wolf' Tsarnaev brothers
GOP candidate Ken Cuccinelli says no to including Libertarian nominee in debates
Former Congressman Tom Davis comments on IRS scandal with warning for GOP
GOP lieutenant governor candidate E. W. Jackson 'certainly used marijuana'

Seven candidates seek Virginia GOP's nomination for Lieutenant Governor
Gubernatorial candidate Terry McAuliffe hosts campaign kickoff event at PVCC
James Robinson discusses 'why nations fail' at George Mason University
Charlottesville Republicans present two City Council candidates for 2013
Current politics has Nixons but no Eisenhowers, says biographer Jeffrey Frank

Veteran journalist Evan Thomas draws contrast between Obama and Eisenhower
Amity Shlaes discusses significance of Calvin Coolidge at Heritage Foundation
Moving Picture Institute announces first annual Liberty in Film Awards
Breaking: Ex-prosecutor Steve Deaton enters Commonwealth's Attorney race
Virginia governor hopeful Tareq Salahi is 'pro-same-sex marriage,' pro-hemp

Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue
2013 Charlottesville voters may have historic election for constitutional posts
Rutherford Institute asks local lawmakers to speak out against drones
Governor McDonnell, President Obama proclaim 2013 'Religious Freedom Day'
Steve Forbes makes the moral case for free markets and free people

That list of 40 articles goes back to the second week of January 2013. Whatever else gets published this year will be featured in an end-of-the-year rundown on December 31.

Bill Clinton Coming to Charlottesville

Paramount Theatre, Charlottesville

After noting Hillary Rodham Clinton's birthday yesterday, I was reminded that her husband, former U.S. President Bill Clinton, will be in Charlottesville this week.

Clinton will take part in a campaign rally for Democratic gubernatorial candidate Terry McAuliffe at the Paramount Theatre on the downtown mall. 

The campaign stop is part of a series this week that included events in Dale City, Hampton, and Richmond earlier today, as well as events in Blacksburg, Herndon, and Norfolk and on Monday; Harrisonburg on Tuesday; and Roanoke as well as Charlottesville on Wednesday.

The Charlottesville event is scheduled for 10:45 a.m., with doors to the venue opening at 9:30 a.m.   Tickets have been made available on line and at local Democratic party headquarters on a "first-come, first-served" basis and NBC29 reports tonight that tickets are still available.

Washington Post reporters Ben Pershing and Laura Vozzella write that the Clinton-McAuliffe campaign tour serves a dual purpose:

Boosting turnout to put McAuliffe in the governor’s mansion is only part of the agenda for the longtime friends and political allies. The other is to hold up Clinton’s presidency, particularly his focus on creating jobs and reaching across the aisle, as a model for what McAuliffe hopes to accomplish as governor.

McAuliffe has stopped in Charlottesville several times while campaigning this year, including a visit to Piedmont Virginia Community College on May 6 as part of the official kick-off for his bid for governor.

In the election on November 5, McAuliffe faces two opponents: Republican nominee Ken Cuccinelli and Libertarian nominee Robert Sarvis. Polls will be open that day from 6:00 a.m. to 7:00 p.m.

Robert Sarvis Speaks at the University of Virginia

Robert Sarvis speaks to students at UVA

Virginia gubernatorial candidate Robert Sarvis spoke at the University of Virginia last Thursday evening, one week before the final debate between his election rivals, Republican nominee Ken Cuccinelli and Democrat Terry McAuliffe.

WDBJ-TV, the media cosponsor of the debate, announced on October 10 that Sarvis, the Libertarian Party's nominee, would not be invited to participate because he had failed to achieve a threshold, set by the Democratic and Republican candidates in consultation with the events cosponsors, of a RealClearPolitics average of 10 percent in public opinion polls.

According to the Washington Post, WDBJ has asked the McAuliffe and Cuccinelli camps to reconsider because the station has borne the brunt of negative backlash over the decision. "As of Saturday evening," the Post's Ben Pershing reported, "Sarvis’s poll average on the RealClearPolitics Web site was 9.8 percent."

  Early last week, UVA political scientist Larry Sabato told me that he would probably have included Sarvis in the debate if he were running it.

“You know, I understand because I've been in the position of running debates, but when I turned down a third-party candidate it was because he was nowhere near the ten percent level.”

Sarvis, he pointed out, “has been over the 10 percent level in a number of surveys and they all have a margin of error.” He was showing an average of 9 percent on the day the debate decision was made.

“I've got news for you: there's a two or three percent margin of error and that suggests that he could just as easily be over 10 as under 10. I'm surprised that there hasn't been more of an outcry that he's been excluded from the debate.”

Speaking in the Newcomb Theater, Sarvis fielded questions from an audience made up mostly of students but which also included faculty and staff as well as Charlottesville-area voters.

Derek Quizon, a reporter for the Daily Progress, interviewed a couple of students who attended the event:

Kyle Butler, a second-year math and economics major, said the national debt could give the party the push it needs, as slavery pushed the Republicans to the forefront in the 19th century.

The question is, how long will it take? Butler said he’s not sure.

“It’s really hard to tell,” Butler said. “When people see that debt is a real problem and they acknowledge it.”

Dylan Brewer, a fourth-year student majoring in economics and foreign affairs, said that moment is years away. But he’ll keep voting Libertarian with the hope that the party will gain momentum – and people will have a viable third option on Election Day.

“A lot of people have a false sense that voting is about picking the lesser of two evils,” Brewer said. “I don’t think that embodies the democratic spirit.”

Here is the video of Sarvis speaking at UVA, beginning with opening remarks, followed by a Q&A with the audience.

The same night that Robert Sarvis spoke at UVA, his wife, Dr. Astrid Sarvis, posted on YouTube an impassioned plea for including her husband in the final gubernatorial debate. The video quickly went viral (relatively speaking) and as of this writing, it has been viewed almost 6,000 times with 183 likes (and one dislike).

Gubernatorial Candidates Weigh in on Alcoholic Beverage Laws and Regulations

Two of the three candidates for Virginia governor in 2013 have addressed questions concerning the state's alcoholic beverage laws, with special scrutiny on the Alcoholic Beverage Control board (ABC) and the scope of its authority.

Ken Cuccinelli in Charlottesville on May 20, 2013

Virginia Attorney General Ken Cuccinelli characterized as “overkill” an ABC sting operation in Charlottesville that resulted in a University of Virginia coed spending a night in jail and being charged with three felonies.

Cuccinelli, who is also the 2013 Republican nominee for governor, made his remarks during a July 3 interview with radio host Coy Barefoot on WCHV-FM in Charlottesville.

The April 11 incident has received national attention since the charges against Elizabeth Daly were dropped by Charlottesville Commonwealth's Attorney Dave Chapman on June 27. Change.org circulated a petition demanding that the Department of Alcoholic Beverage Control apologize to Daly and her two companions and to discipline the officers involved.

Late in the evening of April 11, Daly and two friends purchased cookie dough, ice cream, and canned sparkling water at the Harris Teeter store in Barracks Road Shopping Center. A group of six ABC agents, mistaking the water for beer, approached them.

The women did not recognize the agents as law enforcement personnel, called 911 to report their fears, panicked, and drove away. Daly was subsequently charged with striking two of the agents with her car and evading arrest, charges that brought with them the threat of up to 15 years in prison.


Well-placed concern
“I think your concern for overkill is well-placed,” Cuccinelli told Barefoot. “Mind you, I have not spoken to the agency about this,” he explained, so his knowledge of the situation has been based upon press reports.

However, Cuccinelli added, “these folks have a job to do, but do you really need a half dozen of them. Let's say this was hard liquor” that Daly allegedly bought. “So what?”

Based on the descriptions he had seen, the Attorney General said, “it seems to me that frankly – even if she bought beer or something – she got more than enough punishment in jail.”

Cuccinelli said, putting himself in the shoes of the women that night, “if I see a bunch of men surrounding me, that's going to instill a lot of fear in me.”


'Extreme measures'
Noting that, as an undergraduate at UVA, he had helped start a sexual assault prevention group on campus, Cuccinelli explained that he is “glad it didn't turn out worse than it did. It would have turned out worse for the agents. If I'm defending myself and I'm in my car, and I'm a young woman worried about sexual assault, I'm going to use extreme measures to keep myself safe.”

Why, he asked, “do we have six ABC agents staking out one store? It doesn't seem particularly wise.   You end up with confrontations like this that could turn out a lot worse.”

Asked by Barefoot if he would teach his daughters to behave with the same sort of caution that Daly and her companions displayed that night, Cuccinelli exclaimed: “Absoflippinlutely!”

“I would never suggest to my daughters that they just trust what they've been told,” by people who might or might not be law enforcement officers. Those women, he said, “did exactly the right thing” by calling 911 and attempting to drive to the nearest police station.

“The important thing for us on the law enforcement side is we need to learn from this,” Cuccinelli said. “We need to be more concerned about the perspective of the person on the street.”

He pointed out that “the average person buying alcohol, even if they're buying it illegally, do not have the idea of escalating [the act] violently to complete the crime.”

Cuccinelli expressed confidence that higher-level officials at the ABC has “had some serious conversations with [the agents] about their tactics.”

Looking forward, the gubernatorial candidate concluded, “what the rest of us need to do is [to ensure] the likelihood of this ever happening again gets as close to zero as we can make it.”

In an interview with me at a campaign stop in Richmond, Libertarian Party gubernatorial nominee Robert Sarvis expressed his own views on Virginia's liquor laws.

Robert Sarvis in Charlottesville on August 5, 2013

When current Governor Bob McDonnell took office in 2010, the first major proposal that made was to privatize the wholesale and retail sales operations that put Virginia in the liquor business. “Privatizing the ABC” was a rallying cry for the McDonnell administration through the summer and fall of 2010, but when the General Assembly considered his proposals during its 2011 session, it rejected them.

'No-brainer'
“ABC privatization is just a no-brainer for a lot of reasons,” Sarvis said. “That's something that I'm going to press for.”

Sarvis's “approach to liquor laws should be part of a greater push for reform of drug laws,” he added. “We should rationalize our laws in both areas so that we're not having government try [to] do everything and micromanage our lives.”

How could Sarvis succeed where McDonnell failed?

“I'm uniquely positioned to work with people in both parties on issues that would just be non-starters if you have a major-party governor,” he said. “The opposing party in the legislature is going to be obstructionist but” Sarvis believes he can work with the General Assembly “on that and many other issues.”

Success, he said, depends on “not just ramming through what I want” but “it's giving voice to the people” that matters.

'Freedom creates responsibility'
“We should enable people,” he explained, “to engage in activities they want to and be responsible. Freedom creates responsibility just as responsible citizens appreciate freedom. You can't have one without the other.”

The government monopoly on liquor sales in Virginia, Sarvis said, is “partly a nanny-state thing and partly a government-control issue. The government is afraid of relinquishing control over that – it's a moneymaker – [but] we should not be having the government run industries for the purpose of raising money” to add to state coffers.

On a related matter, Sarvis said he is “certainly open to” returning Virginia's minimum legal drinking age to 18.

“Our prohibitionist mentality and treating people like children oftentimes creates the problems that we think are being addressed by the laws that we've created,” and that includes drinking-age laws, he said.

In considering changing the drinking-age laws, Sarvis said, “I'm really pushing for respecting people's freedom and responsibility.”

Sarvis also addressed ABC issues at a press conference in Charlottesville on August 5.

The candidate spoke outside the ABC store located in the Barracks Road Shopping Center, the place where Elizabeth Daly and her companions were ambushed by ABC agents on the night of April 11.

(This article is adapted from two previously published pieces on Examiner.com.)