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Friday, September 23, 2011

Poor Loser: McKenna Appeals State Supreme Court Loss to State Supreme Court

Posted by on Fri, Sep 23, 2011 at 5:11 PM

My God, Attorney General Rob McKenna sure is a poor loser:

Attorney General Rob McKenna is challenging the state Supreme Court's ruling that requires his office to represent the public lands commissioner in a legal appeal.

I didn't even know you could do that, but apparently it's possible to file a "motion for reconsideration" within so many days of a ruling, and that's exactly what McKenna did this week after getting his ass kicked in Goldmark v. McKenna. Still, it's a remedy the lawyer-folk tell me is rarely used and is even more rarely successful, especially in the face of a 7-2 margin. "I don't think there's a snowball's chance in hell," environmental attorney Peter Goldman bluntly predicted.

It's also a legal maneuver that's rich in irony. In the underlying case, McKenna denied Public Lands Commissioner Peter Goldmark the representation to appeal a lower court ruling, claiming that such an appeal would border on frivolous, yet here McKenna is wasting taxpayer dollars on a 39-page legal crapshoot. And speaking of crap, just look at the stinking load of shit our AG tries to push past AP reporter Mike Baker:

McKenna says he believes the ruling ... could have unintended consequences, such as forcing his office to represent both sides of a dispute.

Really, Rob? The AG representing both sides of a dispute doesn't happen often, but it happens often enough. In fact it's so common, and so easily dealt with, that you explicitly refute this assertion in your very own motion!

There are times when, in the Attorney General's legal judgment, judicial resolution of a legal dispute between agencies or officers would serve the legal interests of the state of Washington, such as when a judicial decision is necessary for the state to proceed with confidence in a particular undertaking. Where that is the case, the Attorney General has exercised his or her authority to appoint a special assistant attorney general to represent the disputing parties, or with proper screening to represent those parties through assistant attorneys general.

Either McKenna didn't read his own motion, or he was counting on the AP's Baker not to. It's all part of a pattern in which McKenna intentionally misleads reporters about legal issues, relying on the well-founded expectation that they lack the legal expertise or the confidence to fisk him.

Well I'm not that shy. Critics are free to dismiss me as a non-lawyer, and I certainly don't get all of the jargon and procedure, but as I've proven from early in my blogging career, I've got an uncanny knack for untangling the law.

I haven't had time to more than skim McKenna's motion yet, but given my knowledge of the underlying case, I'm inclined to agree with Goldman: McKenna doesn't stand a snowball's chance in hell. Which suggests a more interesting story my fellow journalists might want to look into: Why the fuck is McKenna putting so much time, effort and taxpayer money into such a losing cause? Inquiring minds want to know.


Comments (13) RSS

Oldest First Unregistered On Registered On Add a comment
He wants to prove his nature-hatin' bona fides to the Wise Use pinheads.
Posted by maddogm13 on September 23, 2011 at 6:25 PM · Report this
Ya Sure Ya Betcha 2
Goldy can barely feed himself, but there's no question he is the equal of Linda Greenhouse or Nina Totenberg.
Posted by Ya Sure Ya Betcha on September 23, 2011 at 6:40 PM · Report this

This week we learned how to create unlimited free energy with bacteria...hydrogen with no extra energy input.

This week we learned Einstein is wrong...we can go faster than light...we can go back in time.

I don't have time for your bullshit.

I'm too busy inside the 21st century.

Posted by Supreme Ruler Of The Universe http://_ on September 23, 2011 at 7:54 PM · Report this
Since a lot of his actions are political I would assume it's related to his running for governor. If he can pull off the reconsideration, and that's a big if, it would be a major political coup. It doesn't really hurt him if he is denied reconsideration because no one seems to paying any attention.
Posted by kmq1 on September 23, 2011 at 8:14 PM · Report this
trstr 5
Why is McKenna appealing? Well, the plaintiff's law firm, Foster Pepper, is holding a fundraiser for McKenna next week. Maybe this has something to do with it. I dunno.
Posted by trstr on September 23, 2011 at 9:02 PM · Report this
lauramae 6
McKenna is a tool.
Posted by lauramae on September 23, 2011 at 9:25 PM · Report this
Motions for reconsideration aren't unusual.

But McKenna is a tool and he's running for governor. Why would he not use state money to bolster his position with his constituents (who usually don't pay attention to court cases but he'll certainly tell them about this one).
Posted by sarah70 on September 23, 2011 at 10:52 PM · Report this
Goldy, when do we finally get your insightful analysis on the underlying condemnation case? You promised that weeks ago. In short, why the fuck is Goldmark putting so much time, effort, and taxpayer money into such a losing cause? Can we expect you to excoriate Goldmark for being a sore loser when he continues to push losing arguments in the face of all reason?
Posted by Another Attorney on September 23, 2011 at 11:21 PM · Report this
Just Jeff 9
Rob McKenna fucks pigs.
Posted by Just Jeff on September 24, 2011 at 12:29 AM · Report this
McKenna can't stand being told he's wrong. He's never wrong! He's Rob McKenna!

Goldy can't stand being told he's wrong. He's never wrong! He's Goldy!

You'd think Goldy would be a little better at understanding the motivations of someone who's so similar.
Posted by also on September 24, 2011 at 12:42 AM · Report this
Ladies and gentlemen, our next governor.

Oh, and about that faster-than-light thing, @3, don't count your faster-than-light neutrinos 60ms before they've arrived.
Posted by madcap on September 24, 2011 at 1:00 AM · Report this
the idiot formerly known as kk 12
Goldy, no one has ever mistaken you for Dahlia Lithwick, but if you've never heard of a motion for reconsideration (which is filed by virtually every party that loses a lawsuit), then you might consider writing about something other than legal proceedings. It's kind of like trying to write about football when you've never heard of the try for point after a touchdown.
Posted by the idiot formerly known as kk on September 25, 2011 at 7:37 PM · Report this
the idiot formerly known as kk 13
Heh. Just clicked on Goldy's link that purports to substantiate his assertion that he has "an uncanny knack for untangling the law," and guess what the banner ad on is. Do you have to guess? McKenna for Governor. Goldy, nice to see that you're happy to take money from the guy you call a "poor loser." Maybe you should just formally add the "poor sap" label as well?
Posted by the idiot formerly known as kk on September 25, 2011 at 7:46 PM · Report this

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