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She Gave Him the Sword.

Secretary of the State Susan Bysiewicz handed her candidacy for attorney general to Attorney General Richard Blumenthal when she asked him for an opinion on whether the law requiring the attorney general to have 10 years of active practice as a lawyer is valid.  If it is, she asked, did her 11 years as secretary of the state count toward the 10 year requirement?

Bysiewicz contorted a political issue into a legal one when she used her authority as secretary of the state to get the question in front of Blumenthal.  It revealed that she’d be likely to politicize the AG’s office if she were to win it later this year.   What a blunder.

Blumenthal issued an opinion this afternoon dealing a devastating blow to Bysiewicz’s campaign.  The 10 year rule is valid and you need to do more than be a member of the bar to meet the “active practice” requirement.  It will be very difficult for Bysiewicz to challenge an opinion she requested.  There is jubilation today among the many Democrats who have been cowed by Bysiewicz’s self-regard and grasping ambition.

Blumenthal opines that the legislature or the courts should clarify what “active practice” means.  The legislature is unlikely to assist Bysiewicz in that.  Such a request to the legislature would provide Bysiewicz’s detractors a chance to inflict another stinging setback on her.

Add to all this the departure of Bysiewicz campaign spokeswoman Tanya Meck and the secretary of the state’s month of disasters is looking catastrophic.

3 comments

1 Bill Mainor { 02.02.10 at 5:46 pm }

It appears that Blumenthal rose above politics and issued a very difficult opinion. I expect Bysiewicz will have to withdraw. It is difficult to envision a judge electing to ignore the Attorney General’s opinion. But maybe Bsyiewicz has nothing else to lose and she may try this appeal of last resort? All this from an otherwise unremarkable blog. Maybe politicians should rethink the value of “rapid response.”

2 Fuzzy Dunlop { 02.02.10 at 6:39 pm }

Kevin,
What’s your take? Does Susan have any way of obtaining standing to challenge the statute or seek clarification without first denying herself a spot on the ballot in order to establish injury? Would other candidates have standing to challenge her candidacy?

3 Bysiewicz as AG: I hate to say it | a public defender { 02.02.10 at 7:30 pm }

[…] nothing in this post that you couldn’t have gotten elsewhere on the web, like here or here or here. I just wanted to feel a little vindicated, and let’s face it, I haven’t posted […]