McDONNELL'S POLITICAL TRAVAILS: Living & Dying by the Sword

ARLINGTON Bob McDonnell's recent troubles have surprised me; when I first met McDonnell three years ago, I found him both thoughtful and careful -- traits in scarce evidence today.

In January 2007, McDonnell keynoted a panel at the University of Richmond about a law review article I had written on the conflicts between governors and separately elected attorneys general. As deputy counselor to Gov. Mark Warner, I had been deeply troubled by the aggressive, ideological lawyers in then-Attorney General Jerry Kilgore's office, who constantly challenged our positions. In an article for the University of Richmond Law Review, I proposed that Virginia allow governors, rather than attorneys general, to direct the legal strategy of state agencies.

McDonnell had been elected attorney general just a year before. Initially, his election seemed like a recipe for only more conflict between another Republican attorney general and Democratic governor. Yet while he'd planted a conservative flag or two, McDonnell had also studiously avoided legal and policy conflicts with the new Democratic governor, Tim Kaine.

I hadn't met McDonnell before and was curious about what he'd be like. From the moment he shook my hand and gave me a warm smile, I found him both personable and thoughtful. When he got behind the podium, he worked through my argument carefully. He cordially disagreed with my proposal, explaining that his very different approach from Kilgore meant a mandatory remedy was unnecessary. Like good Virginian gentlemen, we agreed to disagree.

Fast forward to today. In a few short weeks, Gov. McDonnell has abandoned his hallmark restraint and instead whipsawed all over the political map, delivering incoherent and incompetent governance in the process. Both Democrats and Republicans would do well to learn from McDonnell's disastrous first 100 days.

For Republicans, the lesson is that when you live by the sword, you die by the sword. At many Republican campaign rallies last fall, countless supporters waved the "Don't Tread on Me" flag; McDonnell shouldn't be surprised when he finds himself trod upon. For Democrats fearful of a midterm nightmare this fall, it's instead their best opportunity in years to be seen by voters, once again, as the party that delivers results rather than rhetoric.

McDonnell's first mistake was his ham-handed handling of Attorney General Ken Cuccinelli's edict that measures by agencies of government to prevent discrimination against gays and lesbians are illegal. McDonnell responded to the ensuing uproar with an "executive directive" that was a legal chimera, which my dictionary defines as something made up of "grotesquely disparate parts." For someone who trumpets strong governance, his action was strangely weak, because it wasn't legally binding. But the same directive also bowed to the gay-friendly employer Northrop Grumman by laudably asserting that gays and lesbians deserve equal protection under the law. The curious action put McDonnell at odds with his own base on the hot-button issue, combining opportunism and incoherence in one noisy, fell swoop.

The confusion between McDonnell's left and right hands only got worse with the Confederacy kerfuffle. In this case, McDonnell's staff rubber-stamped -- and McDonnell enthusiastically supported -- a statement by a special-interest group (the Sons of Confederate Veterans) declaring that "all Virginians" must "not forget" that Virginia was the capital of the Confederacy -- for the sake of tourism.

When McDonnell was questioned, he said he hadn't included slavery in the announcement because he "was trying to keep the focus on, really, the war aspects of it and the fact that we have this opportunity" for tourism. Yet, a day later, after being rebuffed by his former supporter Sheila Johnson and Virginia Democrats, McDonnell issued a groveling, almost pitiable statement, that slavery was a "stain" and an "evil and inhumane practice."

Another, less prominent matter is equally important to understanding McDonnell's abandonment of good government for politics. Candidate McDonnell built bridges by firmly promising to pursue nonpartisan redistricting. Gov. McDonnell bent to his base and broke that promise. This not only means he's left behind the core principle of responsibility. It makes his politics itself seem unprincipled.

And McDonnell's governance problems will continue, as our brooding, ever-plotting attorney general stamps and stirs only a few blocks away in Richmond. A Democratic legislator recently told me that McDonnell says he wasn't even aware of Cuccinelli's opinion on discrimination until after it was issued. Governance is indeed falling prey to politics.

Purple states like Virginia are actually very moderate -- just ask Gov. Mark Earley or Sen. Ollie North. Candidate McDonnell knew this; the Regent University graduate's slogan was "Bob's for Jobs," after all. But as McDonnell also knows, the Bible says that when you sow the wind, you reap a whirlwind. On issues like health care, clean energy, or fiscal responsibility, polls show voters want answers, solutions, and action -- not rhetoric, ideology, and interest group favors.

Democrats now have a terrific chance to retake the banner of good government. Amid the recent storms in Richmond, voters will want the whipping "Don't Tread on Me" flags lowered, in favor of calming social policy, fiscal restraint, economic development, proven results, and a smooth-sailing ship of state.

Mike Signer is a lawyer in private practice in Arlington, an adjunct professor at Virginia Tech, and the chair of the E3 Initiative, a coalition of energy-related companies working to build a clean economy. He was a candidate for the Democratic nomination for lieutenant governor of Virginia in 2009. Contact him at michaelsigner@gmail.com.