WTVR-TV, virtual channel 6, is a CBS television affiliate based in Richmond, Virginia owned by Local TV, the broadcasting arm of Oak Hill Capital Partners. It broadcasts on physical digital channel 25, using the virtual channel assignment of 6.1 via PSIP (to associate it with its 60-year former position on analog channel 6),^[1] and its studios and tower are located on West Broad Street in the West End of the City of Richmond. The tower is also the transmitter for former sister station WTVR-FM and NPR member WCVE-FM. Syndicated programming on WTVR includes: The Ellen DeGeneres Show, The Dr. Oz Show, and Extra.

History[link]

WTVR arose from unlikely roots. Auto parts dealer Wilbur Havens started WMBG (which stood for "Magnetos, Batteries, and Generators"), a 10-watt station on AM 1380, in 1926 in his auto-parts shop on West Broad Street in downtown Richmond. By 1939, Havens' original $500 investment had turned into a studio on West Broad (a former bus garage), where WTVR-TV operates today. Havens brought FM service to Richmond in 1947 when he signed on WCOD-FM 98.1. No one expected him to go after one of the four channels originally allocated to Richmond for television, so it came as a complete surprise when Havens filed an application for channel 6. With no other applications to consider, Federal Communications Commission (FCC) approval was a mere formality, and WTVR took to the air on April 22, 1948 as the first television station south of Washington, D.C. For many years, it used a colorized version of its original ID slide to start its newscasts. About two years ago, an amateur videographer caught a lightning bolt striking the tower while standing outside a nearby hotel. This picture is occasionally used during weather advertisements.

In 1953, WTVR activated its tall tower, located adjacent to its West Broad studios. The 843-foot / 257 m (1049 feet / 320 m above sea level) tower is considered part of the Richmond skyline, and can be seen for several miles around Richmond. WTVR used a graphical version of the tower in its news opens for several years in the 1980s and early 1990s.

WTVR was originally a primary NBC affiliate, carrying secondary affiliations with CBS, ABC and DuMont. As it was one of the last stations to get a construction permit before an FCC-imposed freeze on new permits, it was the only station in town until 1955. That year, WXEX-TV (now WRIC-TV) signed on from neighboring Petersburg and took the NBC affiliation. It was briefly a CBS affiliate until 1956, when WRVA-TV (now WWBT) signed on and took the CBS affiliation due to WRVA's long history as a CBS radio affiliate. WTVR then carried on as an ABC affiliate until 1960, when CBS cut a new deal with Havens due to channel 12's low ratings. WTVR has been with CBS ever since. During the late 1950s, the station was also briefly affiliated with the NTA Film Network.^[2]

Havens sold WTVR-TV, WMBG-AM, and WCOD-FM to Roy H. Park Communications in 1966, earning a handsome return on his investment of 40 years earlier. After taking ownership of the properties, the radio stations adopted the TV station's "WTVR" call letters.

When Park died in 1993, the company's assets were sold to a Lexington, Kentucky group of investors that sold the radio properties separately to various owners, with WTVR-AM-FM going to Clear Channel in 1995. WTVR-FM is still owned by Clear Channel, while the former WTVR-AM, bought by Salem Communications in 2001 and programmed as Christian talk, was later sold by Salem and is now Spanish religious station WBTK. Channel 6 began suffering in the ratings in 1994 when CBS lost the rights to broadcast National Football League games to Fox (CBS returned to NFL broadcasting in 1998). However, it recovered by the turn of the century and since then has been a solid runner-up, sometimes waging a spirited battle for second place with WRIC in news ratings.

Park merged with Media General in May 1997. However, Media General could not keep channel 6 alongside its flagship newspaper, the Richmond Times-Dispatch, because FCC rules of the time did not allow cross-ownership of newspapers and television stations in the same market. As a result, Media General swapped WTVR to Raycom Media in exchange for WJTV in Jackson, Mississippi, its semi-satellite WHLT in Hattiesburg, Mississippi and WSAV-TV in Savannah, Georgia two months later.

WTVR was the only CBS station between Richmond and Roanoke until WCAV-TV signed on in Charlottesville in 2003.

Local features and community programs have included "For Kids' Sake", "Paws for Pets", and Battle of the Brains and a 24-hour weather news channel called "CBS 6 Xtra" broadcast on broadband, digital cable, and digital sub-channel 6.2 in the area. The station carried Raycom's 24/7 music television format "The Tube" on WTVR-DT3 until its shutdown on October 1, 2007. In March 2011, WTVR-DT3 became the new home of CBS 6 Xtra, while 6.2 carries Antenna TV (see below).

On November 12, 2007, Raycom Media announced its intention to purchase the television broadcasting and production properties of Lincoln Financial Media, including rival WWBT. Since FCC rules do not allow one person to own two of the four largest stations in a single market, Raycom decided to keep WWBT and sell WTVR to another owner.^[3]

On June 24, 2008, Sinclair Broadcast Group announced its agreement to purchase WTVR and sell local Fox affiliate WRLH.^[4] However, the Justice Department, under provisions of a consent decree with Raycom Media, denied Raycom permission to sell WTVR-TV to Sinclair in August 2008.^[5]

On January 6, 2009, Raycom and Local TV LLC announced that they would be swapping stations in Richmond and Birmingham. In this deal, Raycom transferred WTVR plus $83 million to Local TV in exchange for that company's WBRC in Birmingham (a former Fox O&O, and currently a Fox affiliate). The transfer closed on March 31, 2009.^[6] Local TV owns WTKR-TV, the CBS affiliate in Norfolk, Virginia, the market just to the east of Richmond. As a result of the trade, Local TV now owns Virginia's two largest CBS network affiliates. Local TV added Hampton Roads CW affiliate WGNT in 2010 after buying it from CBS.

For three months after the swap deal was completed, WTVR's Web site remained in the old Raycom-era format. This changed in late June 2009, a few days after WBRC relaunched its Web site, when WTVR migrated its Web site to the Tribune Interactive platform used by the Web sites of other Local TV-owned stations.

Digital television[link]

The station became a charter affiliate of Tribune Broadcasting's new digital multicast channel Antenna TV upon its launch in March 2011. It is carried on digital subchannel 6.2.^[7] The network, whose programming will consist of classic sitcoms from the 1950s to the 1990s during the afternoon and evening, and movies during the morning and late night hours, is also carried on Local TV, LLC-owned stations in other markets as well as stations owned by Antenna TV's parent company Tribune Company.

Analog-to-digital transition[link]

In the late morning of June 12, 2009, in compliance with the Federal Communications Commission's digital television transition efforts, the station ceased transmission of its analog television signal after more than 60 years. Prior to the transition, the audio component of WTVR's analog channel 6 signal at 87.75 MHz had been heavily promoted as available to listeners tuning to 87.7 on a standard FM radio receiver. WTVR lost this benefit of the analog channel 6 allocation when analog transmission ended.

Out-of-market cable and satellite coverage[link]

Outside of the Richmond market, WTVR is carried in northern Virginia in Front Royal and Luray. In central Virginia, it is carried in Charlottesville, all service providers in Fredericksburg, Harrisonburg, Madison and Staunton. In southside Virginia in Mecklenburg County, WTVR is carried near the North Carolina state line in Bracey along Lake Gaston. It is also carried in Chase City and South Hill.

CATV[link]

In the 1970s and 1980s, WTVR was once received as far south in Halifax and Enfield in North Carolina. In southern Maryland, WTVR was once carried in Leonardtown, St. Marys County.^[8]

News operation[link]

WTVR was the overall ratings leader in Richmond until the late 1980s, when WWBT surpassed it, mainly in local news ratings and due to strength from WWBT's affiliation with NBC and its top rated primetime lineup. During the late 1980s and early 1990s the channel won numerous awards, including the RTNDA News Operation of the Year for two consecutive years.

On August 10, 2010, starting with the Noon newscast, WTVR became the second commercial station (behind WWBT) to broadcast local news in high definition. The upgrade makes CBS 6 the only television station in Central Virginia to provide high definition video in the field, in addition to its HD studio cameras and HD weathercasts. The change also came new graphics, music and a new news set.

News team[link]

Current on-air staff[link]

Anchors

• Sam Brock - weekdays at 5 and 5:30 p.m.
• Rob Cardwell - weekday mornings
• Antoinette Essa - Saturday mornings
• Bill Fitzgerald - weeknights at 6, 7 and 11 p.m.
• Lorenzo Hall - Sunday evenings at 6:30 and 11 p.m.
• Reba Hollingsworth - weekday mornings
• Greg McQuade - weekend mornings and "Virginia This Morning" (9 a.m.)
• Cheryl Miller - "Virginia This Morning" (9 a.m.) and noon
• Angela Pellerano - Saturday evenings at 6 and 11 p.m.
• Stephanie Rochon - weeknights at 5, 5:30, 6 and 11 p.m.

CBS 6 Storm Team

• Zach Daniel (AMS member) - chief meteorologist; weeknights at 5, 5:30, 6, 7 and 11 p.m.
• Carrie Rose (AMS Certified Broadcast Meteorologist Seal of Approval) - meteorologist; weekday mornings and noon
• Mike Stone - (AMS-CBM) - meteorologist; weekends

Sports team

• Lane Casadonte - sports director; weeknights at 6, 7 and 11 p.m.
• Sean Robertson - sports anchor; weekend evenings

Reporters

• Catie Beck - general assignment reporter
• Jerrita Patterson - general assignment reporter
• Shelby Brown - Chesterfield bureau reporter
• Jon Burkett - general assignment reporter
• Wayne Covil - Tri-Cities bureau senior reporter
• Lorenzo Hall - general assignment reporter
• Mark Holmberg - investigative reporter and commentator
• Sandra Jones - Richmond bureau reporter
• Raymond Hawkes- traffic reporter
• Amanda Meadows - traffic reporter
• Tracy Sears - general assignment reporter

Past on-air staff[link]

• Mark Ovenden, Sportscaster, now at KDLD in Sioux Falls
• Marty Snyder, Morning and noon meteorologist, now at WHAM-TV in Rochester, New York^[9]
• Mike Wankum, Chief meteorologist in the early 90s, now at WCVB in Boston
• Mike Goldberg, Chief Meterologist, now at WSET-TV Lynchburg, VA

Original programming[link]

• Virginia This Morning (2006–present) is a locally focused weekday morning talk show. Common segments include music, cooking, art, exercise, and travel. The show airs at 9 a.m.

External links[link]

• WTVR website
• History of WWBT Television in Richmond
• Query the FCC's TV station database for WTVR-TV
• Query TV Fool's coverage map for WTVR-DT
• BIAfn's Media Web Database -- Information on WTVR-TV
• Entry of WTVR-TV Tower in FCC-database with height 257 metres

References[link]

Ken Cuccinelli
Cuccinelli in October 2011.
Attorney General of Virginia
Incumbent
Assumed office January 16, 2010
Preceded by	Bill Mims
Member of the Virginia Senate from the 37th district
In office August 2002 – January 12, 2010
Preceded by	Warren Barry
Succeeded by	David W. Marsden
Personal details
Born	Kenneth Thomas Cuccinelli II (1968-07-30) July 30, 1968 (age 43) Edison, New Jersey
Political party	Republican Party
Spouse(s)	Alice Monteiro 'Teiro' Cuccinelli
Children	7 (five daughters and two sons)
Residence	Fairfax County, Virginia
Alma mater	University of Virginia George Mason University George Mason University School of Law
Profession	Litigation & Business Attorney
Committees	Courts of Justice Committee, Transportation Committee, Local Government Committee, Rehabilitation and Social Services Committee, and Agriculture, Conservation and Natural Resources Committee.
Religion	Roman Catholic
Website	www.cuccinelli.com

Kenneth Thomas "Ken" Cuccinelli II (born July 30, 1968) is a U.S. politician and the Attorney General of Virginia.^[1] From 2002 until January 16, 2010 he was a Republican member of the Senate of Virginia, representing the 37th district in Fairfax County.^[2][3] A Republican convention selected him over two other candidates to run against Democrat Steve Shannon for Attorney General,^[4] and he won the November 2009 general election.^[5] He took office as Virginia's Attorney General in January 2010. He is seeking the Republican nomination for Governor of Virginia in 2013.^[6]

Early life, education, and early career[link]

Cuccinelli was born in Edison, New Jersey. He graduated from Gonzaga College High School in 1986,^[7] and received his B.S. in Mechanical Engineering from the University of Virginia, a J.D. degree from George Mason University School of Law, and an M.A. in International Commerce and Policy from George Mason University.^[3]

Cuccinelli has served on a number of state commissions, including:^[8]

• Virginia Alcohol Safety Action Project
• Public / Private Partnership Advisory Commission
• Commission on the Prevention of Human Trafficking
• Joint Subcommittee to Study Liability Protections for Health Care Providers
• Virginia Supreme Court Commission on Mental Health in the Justice System

Cuccinelli cofounded a small, general practice law firm in Fairfax City, Virginia.^[9]

Early political career[link]

While a 4th year student during the 1989-1990 academic year at the University of Virginia, Cuccinelli served on the University's Judiciary Committee.

Cuccinelli was elected to the Senate in an August 2002 special election after his predecessor, Republican Warren Barry, resigned to take a seat on the Virginia Department of Alcoholic Beverage Control Board.^[10] Cuccinelli was reelected in 2003 and 2007, with the latter race being close enough to require a recount. Cuccinelli would go on to win by a margin of 98 votes out of about 37,000 cast.^[11]

In the Senate Cuccinelli sat on the Courts of Justice, Local Government, Rehabilitation and Social Services, and Transportation Committees.^[2] During his time in the Senate Cuccinelli took conservative positions on issues including abortion, gay marriage, illegal immigration, taxes, government spending, property rights, and the second amendment, while advocating on behalf of law enforcement and increased care for the mentally disabled.^[12]

2009 Attorney General election[link]

On May 30, 2009, delegates at the Republican Party of Virginia State Convention selected Cuccinelli over two other candidates to become the Republican nominee for Attorney General.^[13] In the November 2009 general election, Cuccinelli obtained 58% of the vote (1,123,816 votes) to Steve Shannon's 42% (828,221 votes). In a Republican sweep of Virginia's state-wide offices, Cuccinelli was joined by Bob McDonnell as Governor and Bill Bolling as Lt. Governor.

Endorsements[link]

In addition to the NRA and Republican National Coalition for Life, Cuccinelli was endorsed by Mike Huckabee, Ron Paul, Fred Thompson, Morton Blackwell, William A. Zimmerman, Virginia Citizens Defense League PAC, Virginia Shooting Sports Association, Eagle Forum PAC, Congressman Rob Wittman, the Republican Liberty Caucus of Virginia, the Lincoln, Douglass & Washington Society, the National Federation of Independent Business, the Virginia Farm Bureau, and the Virginia Fraternal Order of Police.^[14]

Cuccinelli received editorial board endorsements from the Richmond Times-Dispatch,^[15] The Daily Progress,^[16] and Culpeper Star-Exponent.^[17] The Daily Progress based their endorsement on Cuccinelli’s “mature, considered, and well-balanced approach,” while the Star-Exponent gave a “slight edge to Cuccinelli for his proactive solutions, legal expertise, fighting disposition and strong conservative moorings.”

Several papers who chose not to endorse Cuccinelli wrote editorials critical of his political views. According to the Virginian Pilot, “Cuccinelli’s election would bring embarrassment to Virginia, instability to the state’s law firm and untold harm to the long list of people who don’t fit his personal definition of morality.”^[18] The Washington Post echoed a similar sentiment, writing, “given his bizarre ideas, he would very likely become an embarrassment for the commonwealth” in an editorial titled "Mr. Cuccinelli's Bigotry"^[19]

Attorney General of Virginia[link]

Cuccinelli's office reviews each bill passed by the General Assembly for Constitutionality and consistency with other existing laws.^[20] Two weeks after taking office, Cuccinelli drew cricitism for continuing to represent a private client in a court proceeding; however, his appearance did not violate any state laws or rules.^[21]

On August 23, 2010, Cuccinelli issued a legal opinion concluding that the Virginia Board of Health had the power to require abortion clinics to meet hospital-type standards, even though the General Assembly had rejected legislation to achieve the same result. Under current law, abortion clinics can perform first trimester abortions while second and third trimester abortions are performed in hospitals. From 2002 to 2008, bills were introduced that sought to treat abortion clinics as "ambulatory surgery centers" and require them to meet hospital-type regulations, but the bills did not pass. Pro-choice advocates argue that complying with ambulatory surgery center regulations would make abortions more expensive and force some clinics to close. It does not appear that the Board of Health will regulate abortion clinics based on Cuccinelli's opinion.^[22]

Healthcare[link]

On March 23, 2010, Cuccinelli filed a lawsuit in the US District Court for the Eastern District of Virginia challenging the constitutionality of the Federal Health Care bill passed on March 21, claiming that it exceeded the Federal government's power under the interstate commerce clause of the Constitution.^[23] On May 24, 2010, the federal government responded to Virginia’s lawsuit over the recently enacted federal health care law with a motion to dismiss the suit. The Federal Government argues 1) that as of matter of jurisdiction and procedure, Virginia has no right to bring this case now, 2) that Congress has the authority under the Constitution’s Commerce Clause to order Americans to buy health insurance and 3) that the health insurance mandate is lawful under the Taxing and Spending Clause of the Constitution.^[24] On June 7, 2010 Virginia responded to the federal government’s motion to dismiss the state’s lawsuit.^[25]

On July 1, 2010, Federal district court judge Henry E. Hudson heard arguments on the motion to dismiss the suit. On August 2, Judge Hudson ruled that the case can go forward^[26] and a two-hour summary judgment hearing was held on October 18, 2010, at 9:00 a.m. to address the constitutional claims.^[27] The hearing focused on whether the entire law must be invalidated if the requirement that individuals purchase insurance is held unconstitutional and whether the requirement to purchase insurance is a "tax" or a "penalty."^[28] On December 13, 2010, Judge Hudson ruled that the individual mandate portion of the health care bill was unconstitutional, but did not enjoin the implementation of the law.^[29][30]

Immigration[link]

On July 14, 2010, Cuccinelli joined eight other states in filing an amicus brief opposing the federal government's lawsuit challenging an Arizona immigration enforcement statute.^[31]

On August 2, 2010, Cuccinelli issued a legal opinion authorizing law enforcement officials to investigate the immigration status of anyone that they have stopped. Prior to this opinion, law enforcement investigated immigration status of those actually arrested. Cuccinelli noted that the authority to investigate the immigration status of a stopped person should not "extend the duration of a stop by any significant degree." Critics note that the opinion circumvents changing the policy by legislation and that bills to make this change have died in the General Assembly.^[32] In November 2010, Cuccinelli rendered a legal opinion requested by Delegate Scott Lingamfelter (R-Prince William) regarding a legislative proposal from Prince William County Board of Supervisors Chairman Corey Stewart to expand an anti-immigration county ordinance into a state-wide law. Cuccinelli opined that some provisions would be redundant with existing laws and others would be unconstitutional.^[33]

Gay rights[link]

On March 4, 2010, one month after Governor Bob McDonnell issued an Executive Order which did not include protections for gays and lesbians employed by the Commonwealth, Cuccinelli issued a letter to Virginia's public colleges and universities that said, in part, "It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression,' or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly,"^[34] He then advised that the schools should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia."^[35] According to the Washington Post, "leaders of academia attacked the state directive on several fronts"^[36] including criticisms from the American Association of University Professors and Cuccinelli's own alma mater, the University of Virginia.^[36]

On March 10, 2010, McDonnell issued Executive Directive One (a statement of executive policy) to all state agency heads directing them not to fire employees based on sexual orientation.^[37] Despite the controversy, Cuccinelli stood by his letter, saying state universities are governed by the Dillon rule and had inadvertently circumvented state law.^[38] In a letter written to the University of Virginia community (Cuccinelli's alma mater), state senators Creigh Deeds, Mark Herring and Ralph Northam pointed out that McDonnell's directive was only a directive and did not "carry any weight of law" and would still prevent students or employees "who are discriminated against because of their sexual orientation" from seeking "a course of action". They further added, "the University of Virginia is more than capable of deciding what policies advance its mission, and should do so without meddling from Attorney General Cuccinelli."^[39] The Washington Post also noted that the Directive was not "legally-binding".^[40] Governor McDonnell stated in a subsequent interview that though he supported the acknowledged the legal reasoning of Cuccinelli's letter, he would not permit colleges or other state agencies to practice discrimination on the basis of sexual orientation. Despite Cuccinelli's lack of support on college campuses, support came to him through other groups: the Family Foundation emailed supporters with the subject reading "AG Follows Law, Gets Ripped" opposed any push to have the legislature address the issue.^[36]

Environmental policies[link]

On February 16, 2010, Cuccinelli filed a request with the United States Environmental Protection Agency to reopen its proceeding regarding EPA's finding that greenhouse gases endanger public health. He also sought judicial review of EPA's finding in Federal court. His press statement explained, "We cannot allow unelected bureaucrats with political agendas to use falsified data to regulate American industry and drive our economy into the ground”.^[41] On March 19, Cuccinelli announced that the total number of states supporting Virginia’s position is now at least 15. “While we made the decision to intervene based on what was in the best interests of Virginia and her citizens, it is gratifying to have the support of so many other states,” said Cuccinelli.^[42]

On April 1, 2010, Cuccinelli announced he will be challenging the new March 2010 standards for fuel efficiency for cars and trucks finalized by the Obama administration and Environmental Protection Agency under the Clean Air Act.^[43][44] The new standards move up goals set in December 2007 when President Bush signed The Energy Independence and Security Act, which passed on a bipartisan vote of 314 to 100, which set the higher fuel economy standards for cars and light trucks by law for the first time in 32 years.^[45]

Litigation with University of Virginia[link]

In April 2010, Cuccinelli served a civil investigative demand on the University of Virginia seeking a broad range of documents related to Michael E. Mann, a climate researcher now at Penn State who was an assistant professor at UVA from 1999 to 2005.^[46][47] Cuccinelli is investigating Mann's putative violation of the 2002 Virginia Fraud Against Taxpayers Act, although no evidence of wrongdoing was given to explain the invocation of the law.^[48] While climate change skeptics have challenged Mann's work, the U.S. National Academy of Sciences and a Penn State investigation cleared Mann of charges that he falsified or suppressed data^[49] The Washington Post quotes Rachel Levinson, senior counsel with the American Association of University Professors (AAUP) as saying Cuccinelli's request had "echoes of McCarthyism."^[50] A. Barton Hinkle of the Richmond Times-Dispatch criticized Cuccinelli for "employing a very expansive reading of Virginia’s Fraud Against Taxpayers Act," writing:^[51]

This is not a maneuver gracefully executed by an Attorney General who is arguing, in the ObamaCare case, against Washington’s overly expansive reading of the Commerce Clause. How does Cuccinelli explain adopting the narrowest possible interpretation of the relevant language in that case, and the broadest possible interpretation of the relevant language in the Mann case? ... . Nothing about the Mann case evokes a sense of modesty or restraint. If Cuccinelli wants to rein in government power, then he could start at home.

Among the groups urging the University of Virginia to resist producing the data are: a letter published in Science signed by 255 members of the United States National Academy of Sciences, the American Civil Liberties Union and the AAUP.^[47] Also in May 2010, the University of Virginia Faculty Senate Executive Council wrote a letter strongly rebuking Cuccinelli for his civil investigative demand of the Mann records, stating that "[Cuccinelli's] action and the potential threat of legal prosecution of scientific endeavor that has satisfied peer-review standards send a chilling message to scientists engaged in basic research involving Earth’s climate and indeed to scholars in any discipline."^[52] In 2011 in response to the escalating attacks form the Virginia AG's office, the Union of Concerned Scientists published a defense of scientific integrity and "Timeline: Legal Harassment of Climate Scientist Michael Mann".^[53]

On May 27, 2010, the University of Virginia began legal proceedings by filing a petition to resist Cuccinelli's investigative demand. In addition to challenging the investigative demands on academic freedom grounds, the petition states that Virginia's "Fraud Against Taxpayers Act" (FATA) cited by Cuccinelli is not applicable in this case, as four of the five grants were federal, and that the fifth was an internal University of Virginia grant originally awarded in 2001. The FATA was enacted in 2003, and it is not retroactive.^[54][55]

On August 20, 2010, Albermarle Circuit Court Judge Paul Peatross heard argument on when Cuccinelli should get the requested data, including emails between Mann and his research assistants, secretaries and 39 other scientists across the country.^[56] On August 30, 2010, the judge ruled that while the Virginia Attorney General could investigate state grants awarded to scientists, Cuccinelli and his staff failed to demonstrate that such an investigation was warranted in this case. “The nature of the conduct is not stated so that any reasonable person could glean what Dr. Mann did to violate the statute,” the judge wrote,^[57] “… The Court … understands the controversy regarding Dr. Mann’s work on the issue of global warming. However, it is not clear what he did that was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia.” At this point, Cuccinelli can either rewrite the civil investigative demand or appeal the decision.^[58][59] Cuccinelli has filed a notice of appeal of the judge's ruling.^[60]

On September 29, 2010 Virginia Attorney General Ken Cuccinelli sent a new civil subpoena to the University of Virginia renewing a demand for documents related to the work of Mann that was stymied when a judge blocked his previous request. Cuccinelli has narrowed his request, and has now limited the request to documents related to a grant that funded research unrelated to climate change. However, the demand seeks emails between Mann and 39 other climate change scientists.^[60] Mann has been previously investigated by those who, like Cuccinelli, do argue that the science behind global warming is sound. The Washington Post described Cuccinelli's actions as an "anti-climate science crusade"^[61] and expressed fears that it was a "fishing expedition designed to intimidate and suppress honest research and the free exchange of ideas upon which science and academia both depend — all because he does not like what science says about climate change".

Campaign contributions controversy[link]

Cuccinelli has been criticized for his handling of $55,500 in campaign contributions from Bobby Thompson, who was a director of a veterans group now under investigation, the U.S. Navy Veterans Association. Thompson was Cuccinelli's second-largest campaign donor.^[62][63] After receiving the contribution, Cuccinelli met with Samuel F. Wright, a USNVA representative on February 15, 2010, to discuss legislation which had passed the State Senate that would exempt the group from having to register with Virginia regulators.^[64]

After an investigative report in the St. Petersberg Times in March 2010 raised questions about the Navy Veterans Association and Thompson, all other Virginia politicians, including Gov. Bob McDonnell, have given the contributions from Thompson to other veterans' organizations. At that time, Cuccinelli refused to do so, despite calls from Virginia Democrats. Cuccinelli's spokesman said "if Mr. Thompson was convicted of wrongdoing relative to the misappropriation of funds, and contributions to our campaign came from money that was supposed to go to active duty military or veterans, we would donate those contributions to military support organizations here in Virginia."^[63] Sen. Don McEachin asserted that the standard for donations should be "much higher than that."^[65] A month later in June, a Cuccinelli spokesman said $55,500 would be set aside in a restricted account pending the outcome of the investigation into Thompson and USNVA.^[66] On July 28, 2010, Cuccinelli announced that he will donate the $55,000 to veterans charities in Virginia. Cuccinelli stated that his decision was prompted by statements from Thompson's lawyers indicating that Thompson can no longer be located.^[67] The Ohio Attorney General Richard Cordray announced that a nation-wide arrest warrant had issued for Bobby Thompson, who had stolen the identity and Social Security Number of a victim who was not connected to the USNVA. Corday stated, “We know he bilked Ohioans out of at least $1.9 million, and we estimate that nationally he collected at least $20 million.”^[68]

Virginia seal[link]

Cuccinelli caused a small controversy when he used a historical state seal which shows Virtus, the Roman goddess of bravery and military strength, carrying a breastplate to cover her left breast on lapel pins he provided as gifts to his office staff.^[69][70] The current official seal shows Virtus holding a spear and her left breast is exposed. The original state seal was designed by George Wythe, a signer of the Declaration of Independence, and adopted in 1776.^[71] The historic seal on which Cuccinelli's version is based is a Confederate-era seal that appeared on the flag of a Virginia unit in the American Civil War.^[72] Cuccinelli's spokesman, Brian Gottstein, said lapel pins with the breast covered were paid for by Cuccinelli’s political action committee, not with taxpayer funds. On May 3, following media coverage, Cuccinelli announced that he was dropping his "family friendly" version of the seal.^[73][74] He stated, "I cannot believe that joking with my staff about Virtue being a little more ‘virtuous’ in this antique version has become news."^[72]

Usury[link]

Since 2007, the Virginia Attorney General's Office has negotiated settlements with eight auto-title lenders to provide refunds or interest rate reductions of almost $8 million.^[75][76] The office filed a lawsuit on May 18, 2010 against CNC Financial Services, Inc., doing business as Cash-N-A-Flash, a Hampton-based auto “title lender,” for charging interest rates of 300 percent or more on its loans. This rate is alleged to exceed the 12 percent limit in the Virginia’s Consumer Finance Act. However, effective October 1, 2010, Virginia's interest rate limit will increase to 264 percent.^[75][76][77]

The Attorney General's Office filed two separate lawsuits against two Virginia Beach-based mortgage modification companies for charging customers up to $1,200 in illegal advance fees in exchange for allegedly helping to prevent foreclosure.^[78]

Advocacy for veterans[link]

Attorney General Ken Cuccinelli announced plans to introduce a new level of veterans advocacy to the Attorney General’s office, including training state agencies how to use the law to better advocate for their clients when it comes to obtaining federal veterans benefits. Cuccinelli said that one of the most important things he could do for veterans was to help speed up the process for them to obtain the services they are eligible for from the U.S. Department of Veterans Affairs. Other priority issues include ensuring that veterans have opportunities to become and stay employed in Virginia and working with the Virginia judiciary to determine how best to educate judges on how Post Traumatic Stress Disorder and Traumatic Brain Injury issues affect veterans.^[79][80]

Antitrust enforcement[link]

A $173 million settlement was reached with six international manufacturers of computer chips. The settlement resolved claims that the companies engaged in a price-fixing arrangement that cost government purchasers and consumers millions of dollars in overcharges for their chips. Attorney General Cuccinelli and 32 other state attorneys general participated in the investigation and the settlement of a court case that was first filed in Court in 2006, before Cuccinelli took office.^[81]

Extradition of Jens Soering to Germany[link]

Jens Soering, 43, the son of a German diplomat and former Jefferson scholar at the University of Virginia, was convicted in 1990 and sentenced to two life terms for the 1985 first-degree stabbing deaths of his then-girlfriend's parents, Derek and Nancy Haysom, in their Bedford County home. He is currently being held at the Buckingham Correctional Center in Dillwyn, VA. Former Gov. Timothy Kaine, on the last day of his administration in January, 2010, approved a request from the German government and asked the Justice Department to transfer Soering back to Germany to complete his sentence. Newly-elected Gov. Bob McDonnell, along with Cuccinelli, adamantly opposed the transfer. McDonnell formally notified the Justice Department just three days after taking office that it was imperative that Soering serve his time in Virginia and not in Germany, where he could be freed in two years. On July 7, 2010, U.S. Attorney General Eric Holder announced that he will not consider transferring Soering to a prison in his home country without the state's "clear and unambiguous" consent and, thus, Soering will remain in prison in Virginia.^[82][83]

Education Policy[link]

On November 24, 2010, Cuccinelli issued a legal opinion with regards to the searching of students' cell phones by police, school administrators, and teachers. He opined that such authorities could search students' cell phone on the basis of reasonable suspicions in order to deter cyberbullying and sexting. However, the ACLU and the Rutherford Institute stated that Cuccinelli's opinion was in error, lacking a legal foundation.^[84][85]

On January 28, 2011, Cuccinelli issued a legal opinion saying that school systems could not charge students the $75 testing fee when students take Advance Placement (AP) tests. Typically, AP courses are offered to academically advanced high school students to teach college-level materials. At the end of the course, students take a nationally-administered AP test, and can receive college credit if the test score meets a specified level. Cuccinelli claimed that public schools are required to provide a free education, so schools can not charge the exam fee on students taking the AP class.^[86]

2013 run for governor[link]

After his election as Attorney General, Cuccinelli was speculated as a potential candidate for governor in the 2013 election^[87] or for the United States Senate in 2014. Cuccinelli himself stated that he was considering running for the Senate,^[88] but two days later, one of his aides said, "We haven't ruled out anything. He's not actively considering a run for any particular office at the moment. Ken is operating under the assumption that he will run for reelection [in 2013]. He hasn't ruled out any option besides running for president, which he has no desire to do."^[89]

On November 30, 2011, The Washington Post reported that Cuccinelli would announce within days that he was running for governor in 2013. The next day, Cuccinelli confirmed that he would run, writing to colleagues, "I hope you have known me long enough to know that I do this out of my love for our commonwealth and to further the principles on which this country was founded. Although I originally expected to serve as attorney general for another term, my job is that of public servant, and I feel that two years from now, I can best serve the people of Virginia from the governor’s office."^[90] Cuccinelli said he would continue serving as Attorney General during his run.

Political views[link]

Abortion[link]

Cuccinelli is opposed to abortion, and is endorsed by the Republican National Coalition for Life.^[14] In November 2008 he was named the Family Foundation “Legislator of the Year.”^[91] Cuccinelli has sponsored a number of bills to discourage abortions, including requiring doctors to anesthetize fetuses undergoing late term abortions,^[92] altering the licensing and regulation of abortion clinics,^[93] requiring that a doctor save the fetal tissue when performing an abortion on a woman under age 15 for forensic use.^[94]

Immigration[link]

During his Senate career, Cuccinelli introduced bills urging the United States Congress to amend the 14th Amendment of the U.S. Constitution to revoke citizenship rights for children of illegal immigrants who are born in the U.S.,^[95] to allow businesses to sue others that hire undocumented immigrants,^[96] and to establish inability to speak English in the workplace as cause for disqualification to receive unemployment benefits.^[97]

Second Amendment/gun control[link]

Cuccinelli’s support of the Second Amendment brought him an endorsement by the National Rifle Association (NRA).^[98] He has sponsored legislation to repeal the prohibition on carrying a concealed handgun in a restaurant or club,^[99] for Virginia to recognize concealed handgun permits from other states,^[100] to shield concealed handgun permit application data from Freedom of Information Act requests,^[101] and to prevent disqualification for a handgun permit based on a sworn, written statement from a law enforcement official that the applicant is likely to use a weapon unlawfully to endanger others. Under Cuccinelli’s proposal a person could only be disqualified for such a permit by a court ruling based on the applicant’s past actions.^[102] In the 2009 legislative session, Cuccinelli introduced and won passage of bill that, for the purposes of granting a Virginia concealed handgun permit, requires the state to accept as proof of "handgun competence" any certificate from an online handgun safety course featuring an NRA-certified instructor.^[103]

Taxes[link]

Cuccinelli opposes higher taxes. He helped lead an unsuccessful campaign to stop Mark Warner’s 2004 budget.^{[104][citation needed]} In 2006 Cuccinelli sent out a fundraising letter that criticized the Virginia Senate’s Republican majority for passing a gasoline tax increase. The letter elicited rebuke from fellow Republican Tommy Norment.^[105]

Eminent domain[link]

In the 2005, 2006 and 2007 Legislative Sessions, Cuccinelli worked to pass eminent domain laws that now prevent local and state governments from taking private homes and businesses for developers’ projects.^[106] In April 2010, Cuccinelli told the Roanoke Chamber of Commerce that he wants to add stronger property rights protection to Virginia’s Constitution. “There is no consistency on the application of eminent domain throughout Virginia,” he said.^[20]

Law enforcement[link]

In 2005 Cuccinelli helped pass legislation that provided law enforcement officers are entitled to overtime pay from local governments for hours worked while on vacation or any other form of leave.^[107]

Sex education[link]

Cuccinelli has been a strong advocate of the abstinence-only sex education programs with state funding. He stated "The longer you delay the commencement of sexual activity, you have healthier and happier kids and more successful kids.".^[108]

In 2005 Cuccinelli condemned a "Sextravaganza" event at George Mason University. The event sponsors, who received GMU Student Activity funds that are not appropriated by the state, said the event merely explored issues of safe sex, date rape and sexual health. However, Cuccinelli stated that the event was “designed to push sex and sexual libertine behavior as far, fast and furiously as possible” and promote “every type of sexual promiscuity you can imagine.”^[109]

Sexual orientation[link]

In 2004, Cuccinelli stated "homosexuality is wrong"^[110] and during his 2009 campaign for attorney general opposed a nondiscrimination policy against gays and lesbians and stated about homosexual acts: "I happen to think that it represents (to put it politely; I need my thesaurus to be polite) behavior that is not healthy to an individual and in aggregate is not healthy to society."^[111] More directly, Cuccinelli said that “homosexual acts are wrong” and that “in a natural law based country it’s appropriate to have policies that reflect that.”^[18]

Obama's citizenship[link]

During a 2010 appearance as attorney general, an audience member asked, "what can we do about Obama and the birth certificate thing". Cuccinelli responded that if Virginia challenged a law, he could seek to invalidate it because "someone qualified to be President didn't sign it", and the possibility that Obama was born in Kenya did not "seem beyond the realm of possibility". Cuccinelli subsequently issued a statement saying his response was only a hypothetical, and he believes Obama was born in the United States.^[112]

See also[link]

• Virginia elections, 2009
• Wildlife Protection Act of 2010

References[link]

External links[link]

• Attorney General Cuccinelli official government site
• Ken Cuccinelli for Attorney General official campaign website
• Senate of Virginia - Senator Ken Cuccinelli, II
• Project Vote Smart - Senator Kenneth T. 'Ken' Cuccinelli II (VA) profile
• Follow the Money - Ken Cuccinelli II
  • 2007 2005 2003 2001 Virginia Senate campaign contributions
• Washington Post - 2007 Senate District 37 Race