Will the Law Prevail? AGs as Celebrities and Public Servants

 

Ken Cuccinelli, who served as deputy secretary of the US Department of Homeland Security after his term as Virginia’s Attorney General (2010-2014), was perhaps a prototypical Tea Party Republican politician; but his term in office did not rock the status quo. A practicing patent attorney, he came from a golden age of law practice, when the American Bar Association was supreme. Opinions differed between liberals and conservatives, but the predominant trend was to empower the people through choice and autonomy; even if it varied from scientific research and planning favored in the immediate postwar era.

In the role of Attorney General, Cuccinelli’s work was informed by strict textualism as a servant of the state, rather than a judicial philosophy informed by groups such as the Federalist Society. As Attorney General, Ken Cuccinelli deferred to the legislature to repeal the one-handgun-a-month limit. This was a bipartisan effort: federal background checks instituted in the late 1990’s had reduced the importance of this purchase limit.

The status quo had definitely changed when Cuccinelli’s successor, Mark Herring (D) refused to defend Virginias’s traditional marriage law in the lead-up to Obergefell vs Hodges (2015); this deference to the federal courts was viewed as unprecedented in Virginia’s history. In retrospect, Herring’s choice has been seen as a decisive, if polarizing moment. At the time, defense of state laws and practices in the Federal Courts was widely seen as key function of the Attorney General’s office: “my Virginia, right or wrong”. Last year, former Governor Ralph Northam (D) never clarified why he endorsed incumbent Attorney General Mark Herring’s Democratic Primary opponent, leaving Virginians to guess the reason why: was it his judicial activism? Was he not progressive enough?

As former Attorney General Mark Herring was on his way out, he left his successor Jason Miyares (R) a suit against the Town of Windsor for racially-discriminatory policing practices. This again was a first; as in the past a gentlemen’s agreement would have been achieved between local government and the state, well before the courts would become involved. 

Bipartisan consensus is harder to achieve today, and the much-feared swing-state pendulum of diametrically opposite policies had arrived in Virginia. For a short time in 2020 after universal background checks for gun purchases became law again in Virginia (under pain of felony offense), I considered opening an online clearinghouse to handle these transfers; I’m glad I didn’t, since I would’ve gone out of business. Citing their own interpretations of the Second Amendment, the vast majority of rural and suburban Commonwealths’ Attorneys (county DA’s) decided not to prosecute private transactions done in accordance with prior law.

Newly-inaugurated Attorney General Jason Miyares promised to take politics out of the office. Even if he avoids going on stage in the national Republican Party spotlight, his judicial upbringing will guide his work. Born in 1976, the Federalist Society was active on Virginia law school campuses when he arrived at the College of William and Mary. This organization is now seen as an alternative to the American Bar Association, which critics claim to have become too liberal (i.e. defense-friendly) on criminal justice issues.

As the alt-right has taken to embrace chaotic, disorderly forms of personal liberty; he stuck his stake in the position of law-and-order. To him, freedom and support of law enforcement are complementary, not contrary. During his campaign, Miyares spoke from the steps of specific courthouses where criminal assailants were given light sentences. Son of a Cuban immigrant, he contrasted the terror of Cuba’s secret police knocking at the door, with America’s love of neighborhood spirit.  

He wants to be your local prosecutor, too; and has asked the legislature for joint jurisdiction with locally-elected Commonwealths’ Attorneys. If they won’t prosecute, Jason Miyares will. The changes could take effect as soon as July. In Fairfax County, the most populous jurisdiction in Virginia, and located just outside of DC, Steve Descano was elected as a progressive Commonwealth’s Attorney in the anti-Trump wave of 2019.  His predecessor left the Democratic Party in protest. Descano has proven himself to be a hothead with a temper, easy enough to be triggered.  While there are other “woke” prosecutors in the inner suburbs, the joint jurisdiction bill was about Descano, who seems easy enough to topple in what will be a raucous Fairfax County 2023 Democratic Primary.

How does the Attorney General put politics and individual philosophy back into the box it came from? Especially when popular elections are involved, these elements become deeply engrained in the interpretation and enforcement of laws. Two suggestions emerge from my experience with the engineering profession: Reinstate the fraternity-sorority of state bar membership by emphasizing core principles of “equality and justice for all”. Matters affecting governance within a state must be handled by local stakeholders; they cannot be outsourced overseas or to BigLaw; to do otherwise is to lose nuance, continuity, and collaboration. In this way, duty to the profession of law would supersede the temporal incentives of playing politics from the Attorney General’s office.

Math to Prose and Back Again

 

I just got tired of studying; the material in Lindeburg’s guide just wasn’t interesting anymore. While I could cruise through many topics not relevant to the mechanical exam I will be taking, I was now in the heart of Thermodynamics, a subject I needed to understand closely.

I had a long-neglected writing project that bubbled up to the top of my head. I guess the idea had been simmering subconsciously, because the words flowed easily once I started typing. I had drafts written on loose-leaf paper, yet I didn’t need to reference them to get my point across.  The topic? Maritime tips for a friend’s career guide that he is writing. In two leisurely nights, the task was done. When I finished, I even had the motivation to hit the engineering books again.

Glad I wasn't a Freeway Icicle

 

It happened in my backyard- a 24-hour backup in fairly mid-weathered Virginia. Interstate 95 between Washington, DC and Richmond, VA is fragile at the best of times. It serves as a long-distance route connecting the Northeast to Florida, a commuter route to Washington DC and the inner suburbs, and local traffic within the suburbs of Prince William and Stafford counties.  Add some weather, and it becomes a parking lot. Despite ample public warnings and morning snow, the road was carrying near normal weekday afternoon traffic load. The snow came fast in the afternoon, slushing the highway, stalling cars and jack-knifed trucks. Once the lanes were blocked, cars stopped and were frozen in like ice cubes.

Why was everyone out of the road? First, there were lots of trucks delivering cargo. They just happened to be in the wrong place at the wrong time. Other essential workers were on the road, including nurses and firefighters headed to their shifts. Many others were told by their employer to be at work- not considering stay-at-home warnings. I guess these were not the same employers who offered special time off during the Thanksgiving and Christmas holidays. There were those who were making a quick grocery run that turned into a brutal night; and there were travelers conquering distance, or so they hoped. GPS blindness put those cars on the road– many long-distance drivers paid excessive attention to their electronic navigation aids and the often-optimistic Estimated Times of Arrival (ETA). Those ETAs are estimates, and drivers, like air pilots and mariners, need to look outside the window for a reality check.    

What were the human factors? Why ignore the warnings? Some never received them. While tornadoes and hurricanes call for Emergency Alerts broadcasted to every cellphone, mass notification about this storm did not reach atomized groups. Complacency in one’s rolling fortress: exhibiting style over substance, not all large vehicles today are designed for heavy weather driving.

And, for the past two years, propensity to ignore public health and safety warnings. I guess that once you decide that legitimate coronavirus information is “fake news”, blizzards are the next threat to ignore.

 

And the World Was Quiet

 

Going to sea enforced the habit of being overly prepared. Extra lightbulbs and batteries in a drawer at home, and at least a quart of milk in the refrigerator. One would not want to spend the night stuck without a provision. This preparedness came in handy last year, when retail store hours were greatly curtailed, and even so today, as 24-hour availability has become a rarity.  

This Christmas harkened back to olden times- and the status quo in Europe and much of the world. The stores are closed for Christmas, so prepare for your feast ahead of time, and be happy with what you have. Perfection ought to be redefined, from having what you dreamed of- whether it be that spice jar or box of cookies that is probably on backorder; to the resourcefulness of using, and enjoying, what is available at hand.

Merry Christmas and a Happy New Year!

Are Seagoing Leaders created based on Early Opportunities?

 

Note: Recent graduates have not yet achieved required sea time for capstone licensure. Approximately 135 engineering graduates per year.

Contingency Periods	Peak Year
1959-1975, Vietnam	1969
1990-1994, Gulf I	1991
2001-2010, GWOT	2003
2011- Present, OEF

The shipping industry, in the US and abroad, is known for its cyclical nature. Beyond the massive profits and losses in the commercial sector, and the increased or decreased spending in the defense sector, are professional maritime officers who crew the ships. Their job security and opportunity for advancement from third mate or third engineer to second, first, and Chief Engineer or Master, depends on supply of jobs and the employment demands of incumbent mariners.

Based on information sourced from the US Merchant Marine Academy’s Alumni foundation, it is clear that early career opportunity determines upward mobility within the maritime professions. In the first five years after commencement, graduates must accept employment as a merchant officer at sea, or in the armed forces. Depending on employment conditions and personal motivation, new merchant officers may receive negative reinforcement through stagnation in their roles, or positive reinforcement in advancement and growth.

In contrast to the armed forces, in which a rigid pyramid command structure forces many junior and mid-level officers into civilian employment, the shipboard hierarchy is linear, with one or two merchant officers at each rank. In theory, there is a clear path for advancement. Affecting this is greater churn among third mates and third engineers, who in the US are fairly likely to find employment as professionals ashore, in the maritime industry or not. One US government transportation agency is notorious for hiring freshly-graduated officers instead of investing in refresher training for its experienced mariners.

Opportunities are created when shipping fleets expand, through new construction, activation for contingency, or transfer from Navy to civilian crewing; as well as when experienced mariners come home. Weakened pension benefits, both in government and private employment, has created more “silver mariners” sailing in their 50’s and 60’s. (Silver Mariner refers to 25 years of working at sea, the traditional retirement age of American merchant officers). Lifetime alimony rules of the ‘Me Generation’ era, and personal debt has created “golden handcuffs” among other mariners, who cannot afford to leave seagoing employment.

Why don’t sidelined young officers return to sea when employment conditions improve? It is in the first five years after college graduation that career-adjusting lifestyle choices, such as marriage and children, are typically established. While it is common for single graduates, in their 20’s and 30’s, to return to sea after several years working ashore, this is not the case for those graduates who have established traditional, community-oriented families. In contrast, a graduate who has accomplished career advancement at sea, and who intends to specialize in seagoing work, would (hopefully) partner with a spouse who understands the mission-oriented lifestyle.

 

Other Major Events

1970, Nixon Merchant Shipbuilding Program

1981, End of Operational Subsidies

1984, ABET Accreditation- engineering design courses introduced (KP)

1993, Al Gore Report on Government Waste (KP)

1996, MSP Subsidies & Preposition Fleets Established

2010-2014, Offshore Drilling Surge

2014-2015, Military Sealift Command Offers Jobs to Over 100 New Graduates (KP)

2017, International (STCW) Engineering Management Competency Enforced

2020-2021, COVID Pandemic

KP = Internal milestone for US Merchant Marine Academy at Kings Point

 

I'll Think About It... How to Procrastinate

 Isn’t it great to sleep on a project, and find the inspiration to finish the problem the next day? In this defense of procrastination, I do not encourage finishing work under an adrenaline rush, or fear of failure; but through the synthesis of information after mulling through it in one’s head in a state of reflection.

At the beginning of this year, I knew that I would be refocusing my blog into the topic of engineering.  I even got an internet domain name. The “study skills” posts of the past two months were an advance party for writing in a new genre: any engineering blog worth its salt needs to talk about the Professional Engineering exam. Then it dawned on me: How much remarkable content could I produce? How many State Board meetings would I need to sit in, to capture good soundbites? How could I be regarded as an authority, when I am still early in my career? Weekly posts on monthlong projects might sound like project status updates. But as I attended the needs of graduate school, and now for Professional Engineering licensure, I let the concept sit; and simmer into good stew.

An older idea I had was to develop a central listserv of continuing education opportunities in the marine engineering field. Today, each ‘school’ maintains its own course catalog of regulatorily- equivalent education.  Since it would not be a blog, per se, I set the idea aside. Now, I revisited why I warmed to this training directory idea in the first place: to share useful knowledge in the marine engineering field. So, in early 2022, after some more planning, I expect to move my blog into that specialized direction. Such clarity of intention took a year to develop; I’m glad I procrastinated.    

Voting Matters: The High Turnout Virginia Races

 

On a recent Tuesday night, Virginia just broke one of the longest statewide Democratic voting streaks in the nation, on par with California and New York. The oft-presumed blue state, which had not elected a statewide Republican since 2009, appeared quite red with a sweep of statewide offices.  With just three statewide offices, in addition to the two senators and the Presidential vote, these races have become high-stake affairs; and down-ballot offices coming with national notoriety.

The Democratic Party bench appears much weaker than before. Former Governor Doug Wilder, a Democrat, wisely criticized incumbents Terry McAuliffe, running for a second, non-consecutive, term as Governor; and Mark Herring, running for a third term as Attorney General, for blocking the advancement of new leaders. Congresswomen Abigail Spanberger and Elaine Luria represent future statewide potential; it seems unlikely that recently-elected Northern Virginia progressives could mount a successful statewide campaign.

 

The Party of Virginia’s Attorney General

Weeks before Incoming Attorney General Jason Miyares was elected, “Woke Prosecutors” found themselves under investigation for misuse of position, retaliation, neglect of office, and neglect of state law. Outgoing Attorney General Mark Herring seemed to be more interested in national issues, such as abortion, than what was happening in his own Loudoun County backyard. Prior to Mark Herring’s narrow 2013 election were a string of five one-term Republican Attorneys General who each sought higher office. Progressives handed Jason Miyares, 45 years young, fuel to feed his political ambitions.

 

Solid South or Something New?

Democrats held the Virginia House of Delegates for 2 years before losing it in this month’s election. Their last hold of the chamber lasted the entire 20^th century. Followed by 18 years of Republican leadership, these long tenures reflect the political stability of the Solid South. The recent, liberal Democratic Party majority chose confrontation, and the brute force of narrow statehouse votes, over lasting collaboration. Their leaders are now paying the price.

It would be premature to assume that the legislative “Class of 2019” was a mere blip on the Republicans’ rightful legislative dynasty. Prior to the Trump presidency, Republicans held a supermajority in the House of Delegates. Court-ordered redistricting allowed Democrats to gain seats, and suburban voters soured against the Republican Party during Trump’s presidency. Concerningly, today’s new and thin Republican majority has no representation in the first two rings of counties surrounding Washington, DC, and a scant two seats in the third ring; although Governor-elect Glenn Youngkin fares from Great Falls, an upscale district along the Potomac River. These growing Northern Virginia suburbs are at risk of becoming a one-party region.

A characteristic of the Solid South is the maintenance of social hierarchy, with the proven effect of limiting class mobility. Incumbent businesses are protected, creating a drag on productivity and economic growth. At the end of Massive Resistance to desegregation, conservative Democratic Party leader Harry Byrd had a choice: hunker down or embrace change. He chose the latter (although his statue would lose its place at the Virginia Capitol). This libertarianism, once favored by both major parties in Virginia, is found in areas such as gambling, alcohol; and business regulation, such as limiting non-compete clauses and favoring the right-to-work. As liberal Democrats have shied away from economic liberties, Republicans are in a better position than before to secure the votes of educated, suburban, pro-business moderates.  Blue Virginia noted that upscale, educated, politically-balanced districts within Democratic-voting counties had extraordinary turnout in this year’s election.

 

Virginia Senate Changes Little

With a 21-19 split in favor of Democrats, and a spirit of collegiality, one observer quipped that the Senate Democrats would work better with House Republicans than with the Democratic Party progressives who led the last two legislative sessions.

The Democratic Party leadership in the Virginia Senate might prefer to work on compromises to Glenn Youngkin’s agenda, rather than acting as a stonewall. In this later case, two swing-voting Democrats from Fairfax City and Richmond, with the incoming Lieutenant Governor Winsome Sears, a Republican, would hold immense power in government. In the last year, faced with a single defection from party line voting, marijuana and policing bills were decided on tiebreaking votes in the Virginia Senate. Outgoing Lt. Governor Justin Fairfax tipped these bills in favor of Democrats; on future tie votes, Winsome Sears would tip the bills the other way.

 

“RINO” Hunters Decide that Voting Matters

Virginia is home to many low-propensity and fickle conservative voters that continually vexed the Republican party. Geographically, they are concentrated in rural areas west of Richmond. They came out for John McCain in 2008, but were overwhelmed by Barack Obama’s supporters. They stayed home in 2012, when they could have won; then came out for Trump, but were again outvoted. It was to this group that Trump, in his fury, suggested boycotting future elections. This year, Republicans made a concerted effort to get these dissatisfied citizens to vote.  On gun and religious forums that appeal to this demographic, authors reminded readers to scrape off their bumper stickers reading: “My Governor is an Idiot”.

In a high-turnout election with six weeks of in-person early voting, Republicans prevailed, challenging the orthodoxy that increase ballot access favors Democrats. The 45-day early voting period, a now-permanent product of COVID-19 countermeasures, represents a unique opportunity for Republican Presidential candidates: they can ground-stomp for Virginia votes in October, before turning to traditional swing states in the last weeks of the race.