UPDATE: Ken Cuccinelli Says: I'm Not A Birther

Virginia Attorney General Ken Cuccinelli says that he is not a birther. Cuccinelli responded to several recent blog posts that link to audio of him saying that it is not "beyond the realm of possiblity" that President Obama was born in Kenya, rather than the United States.  Cuccinelli says that he was giving a "hypothetical" answer to a "hypothetical" legal question.  The part about Kenya, however, was not phrased as a hypothetical. In fact, it was phrased as being possible (not merely hypothetical).

Is the Anti-Gay Virginia Attorney General Also A "Birther"?

Virginia Attorney General Ken Cuccinelli created a stir recently by demanding that public colleges and universities in Virginia rescind GLBT-inclusive policies. Governor Bob McDonnell quieted the storm by releasing an executive directive prohibiting sexual orientation discrimination by state workers.

Now, Cuccinelli is at the center of another potential controversy. Several blogs, including Huffington Post, have posted audio of Cuccinelli speaking during a campaign event. One attendee asks Cuccinelli about President Obama's birth and how to challenge his claim of birthright citizenship. Cuccinelli maps out a legal strategy for a possible lawsuit.  He also says that it is not "beyond the realm of possiblity" that Obama was born in Kenya, rather than the United States.

I have not found any official confirmation that Cuccinelli's voice is actually on the tape.  Several sources, however, claim that it is his voice.   See update below.

Here is the recording:



PS: I would like to hear the remainder of the discussion.

See also: Virginia blogger outs state attorney general as a birther

Update: UPDATE: Ken Cuccinelli Says: I'm Not A Birther

Virginia Attorney General Wants State Colleges and University to Rescind GLBT-Inclusive Policies

Virginia Attorney General Ken Cucinelli, II appears determined to move the state backwards. Cucinelli has sent a letter to all of the public colleges and universities in Virginia urging them to rescind policies that prohibit discrimination on the basis of sexual orientation and gender identity.

Cucinelli argues that only the Virginia legislature can implement these policies, which it has not done. The issue, however, is probably one that a court would have two decide, if school officials reject Cucinelli's demand.

In 1996 decision Romer v. Evans, the Supreme Court invalidated a Colorado constitutional amendment that rescinded and banned the implementation of laws and policies that protected gays and lesbians from discrimination. Cucinelli's demand letter arguably violates the principle articulated in Romer. That decision, however, does not decide which state entity in Virginia has the authority to implement nondiscriminatory policies. So, there are some issues that require a deeper analysis.

Nonetheless, two things are definitely clear. First, revoking the policies would negatively impact the schools' national reputations and probably cause them to lose some of the brightest and most talented students and professors. Second, some accrediting bodies (e.g., the Association of American Law Schools) require that member schools implement nondiscrimination policies that include sexual orientation as a protected category. Thus, it is unclear whether the schools can repeal the policies and maintain good academic standing.

Attorney General: Eric Holder, Clinton-Era DOJ Official

Newsweek reports that President-Elect Barack Obama has selected Eric Holder, a partner at Covington and Burling, a prestigious law firm in Washington, D.C., as Attorney General. Holder was Deputy Attorney General in the Clinton administration. If chosen, Holder would become the first black Attorney General. According to reports, Obama will make the announcement after he names other cabinet picks (but secrets are difficult to maintain in DC). So far, Clinton officials have done pretty well for themselves in the new administration!