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Should AG McKenna Recuse Himself From Light-Rail Case?

News   September 23, 2009 at 5:34 pm Erica C. Barnett

Washington State Attorney General Rob McKenna, the state official charged with defending the state against a lawsuit attempting to prohibit light rail across the I-90 bridge, has received thousands of dollars in campaign contributions from the plaintiffs in that lawsuit, according to state campaign-finance records.

McKenna, a former King County Council member, was a reliable opponent of light rail when he served on the board of Sound Transit.

Last month, a group of similarly consistent  light-rail opponents sued the state to prevent the proposed Sound Transit light-rail line across I-90, charging that the proposal violates the state constitution because  it would pay for a transit line with gas-tax money, which is restricted to roads. (More information here). As attorney general, McKenna will have to defend the state against the charges.

The plaintiffs in the lawsuit include Eastside developer Kemper Freeman, plus light-rail opponents including former state senator senator and roads advocate Jim Horn, Yakima developer Al Deatley, Tim Eyman funder Michael Dunmire, SoDo business owner Steve Sivala, Mike Huckabee supporter Sarah Rinlaub, and the anti-light-rail Eastside Transportation Association, among others.

Altogether, the light-rail opponents contributed more than $13,000 to McKenna’s successful 2008 reelection campaign.

McKenna has not yet returned a call for comment.


  • ModelT

    McKenna started his tenure at the AG’s office trying to undo Gregoire’s I-776 settlement, with the hope of doing Kemper Freeman’s bidding to de-fund light rail and buses. That was 2005.

    Legal precedent and legal consistency is usually a goal for incoming Attorneys General.

    Not so for ideologically obsessed McKenna and his easily bruised ego.

  • ModelT

    McKenna started his tenure at the AG’s office trying to undo Gregoire’s I-776 settlement, with the hope of doing Kemper Freeman’s bidding to de-fund light rail and buses. That was 2005.

    Legal precedent and legal consistency is usually a goal for incoming Attorneys General.

    Not so for ideologically obsessed McKenna and his easily bruised ego.

  • Trevor

    Short answer: yes.

  • Trevor

    Short answer: yes.

  • ivan

    This smarmy little right-wing dweeb wants to be our next governor. We can’t permit that to happen.

  • Screw Kemper Freeman

    Run I-90 rail to Issaquah, run 520 rail to Redmond, leave Kemper Freeman to stew in his own gridlock in Bellevue.

  • Screw Kemper Freeman

    Run I-90 rail to Issaquah, run 520 rail to Redmond, leave Kemper Freeman to stew in his own gridlock in Bellevue.

  • Transit Voter

    Yes, Erica, agree wholeheartedly.

    McKenna was more than a “reliable opponent of light rail” on the Sound Transit board, he was a leader in the organized opposition. It was sort of like having an Airbus VP on the Boeing board — untenable.

  • Transit Voter

    Yes, Erica, agree wholeheartedly.

    McKenna was more than a “reliable opponent of light rail” on the Sound Transit board, he was a leader in the organized opposition. It was sort of like having an Airbus VP on the Boeing board — untenable.

  • Andrew Smith

    See, proof ECB is awesome!

  • Andrew Smith

    See, proof ECB is awesome!

  • Mikos

    I like McKenna but his long history with light rail indicates he should recuse himself. BTW Ivan, smarmy? The people who work with McKenna really like him. They find him honest and straightforward and very, very smart. I guess that’s why a Democratic hack like you would be worried about him.

  • Mikos

    I like McKenna but his long history with light rail indicates he should recuse himself. BTW Ivan, smarmy? The people who work with McKenna really like him. They find him honest and straightforward and very, very smart. I guess that’s why a Democratic hack like you would be worried about him.

  • citizen

    if the standard is that the AG recuses himself whenever there’s a legal issue of interest to those who donated to him, or that involves something he or she worked on in a prior office held, then all AGs are going to have to recuse themselves pretty much all the time from every lawsuit.

    A better solution would be NO donations to any AG or any JUDGE and no donations to any official who might sit in quasi judicial status over any matter of interest to any donor.

    If you don’t go there, they all got similar “conflicts of interest” in nearly every case. Because our AGs tend to be former county execs, former county councilmembers, former legislators, with a rich careet of furthering causes and taking donations on issues of public concern.

  • citizen

    if the standard is that the AG recuses himself whenever there’s a legal issue of interest to those who donated to him, or that involves something he or she worked on in a prior office held, then all AGs are going to have to recuse themselves pretty much all the time from every lawsuit.

    A better solution would be NO donations to any AG or any JUDGE and no donations to any official who might sit in quasi judicial status over any matter of interest to any donor.

    If you don’t go there, they all got similar “conflicts of interest” in nearly every case. Because our AGs tend to be former county execs, former county councilmembers, former legislators, with a rich careet of furthering causes and taking donations on issues of public concern.

  • ivan

    @ 7:

    Democratic hack, is it? I’ll wear it as a badge of honor. I don’t give a rip if you call McKenna “honest and straightforward and very, very smart.” He serves the worst elements in this state. If you support him for Governor, I guess that tells us what we need to know about you.

  • ivan

    @ 7:

    Democratic hack, is it? I’ll wear it as a badge of honor. I don’t give a rip if you call McKenna “honest and straightforward and very, very smart.” He serves the worst elements in this state. If you support him for Governor, I guess that tells us what we need to know about you.

  • citizen

    @9:

    OK, you’re a belligerant hack.

    I guess we can quote you on that.

    Great p.r. for progressive values btw.

  • citizen

    @9:

    OK, you’re a belligerant hack.

    I guess we can quote you on that.

    Great p.r. for progressive values btw.

  • sarge

    @ Ivan:

    I’m a Democratic hack myself, and will happily volunteer for the Jay Inslee campaign when he takes on McKenna in the next gubernatorial race.

    But I agree with Mikos. This might come as a shock to you, but there are such things as honest and smart Republicans. I can’t explain why anyone smart and honest would be a Republican, I just happen to know that they exist. Some are even my friends.

  • sarge

    @ Ivan:

    I’m a Democratic hack myself, and will happily volunteer for the Jay Inslee campaign when he takes on McKenna in the next gubernatorial race.

    But I agree with Mikos. This might come as a shock to you, but there are such things as honest and smart Republicans. I can’t explain why anyone smart and honest would be a Republican, I just happen to know that they exist. Some are even my friends.

  • ivan

    @ 11:

    I never said there weren’t any honest or smart Republicans. I know a few of them myself and have even voted for some in this state.

    McKenna’s smart, I’ll stipulate to that.

    @ 10:

    Damn straight I’m belligerent. What are “progressive values,” and who is to decide?

  • ivan

    @ 11:

    I never said there weren’t any honest or smart Republicans. I know a few of them myself and have even voted for some in this state.

    McKenna’s smart, I’ll stipulate to that.

    @ 10:

    Damn straight I’m belligerent. What are “progressive values,” and who is to decide?

  • Michael G

    I disagree wholeheartedly with Mr. McKenna’s position on light rail, but I’m not convinced that there is sufficient reason that he should recuse himself. I think that in general, recusal should be reserved for situations in which there is a clear personal interest in the outcome; for example, if Mr. McKenna owned stock in a company that is adversely impacted by the rail.

  • Michael G

    I disagree wholeheartedly with Mr. McKenna’s position on light rail, but I’m not convinced that there is sufficient reason that he should recuse himself. I think that in general, recusal should be reserved for situations in which there is a clear personal interest in the outcome; for example, if Mr. McKenna owned stock in a company that is adversely impacted by the rail.

  • Mr_Grant

    I think campaign contributions are clear personal interest. There would be sufficient appearance of conflict for McKenna to step aside if he planned to handle the case himself. But define recusal if he hands it off to an Asst AG — how much distance is enough?

  • Mr_Grant

    I think campaign contributions are clear personal interest. There would be sufficient appearance of conflict for McKenna to step aside if he planned to handle the case himself. But define recusal if he hands it off to an Asst AG — how much distance is enough?

  • Michael G

    The trouble with the campaign contribution standard, as #8 pointed out, is that it would leave attorneys general without a whole lot to do. I generally take a strict view of what constitutes a conflict of interest; reasonable arguments can be made both ways. I am trying to be careful, though, that my own views about light rail do not color my judgment.

  • Michael G

    The trouble with the campaign contribution standard, as #8 pointed out, is that it would leave attorneys general without a whole lot to do. I generally take a strict view of what constitutes a conflict of interest; reasonable arguments can be made both ways. I am trying to be careful, though, that my own views about light rail do not color my judgment.

  • ivan

    This smarmy little right-wing dweeb wants to be our next governor. We can't permit that to happen.