Senate and House Democrats call on Youngkin to remove Wheeler from his role as acting secretary
The latest in Virginia politics
This is a daily newsletter covering Virginia politics from top to bottom. Please consider becoming the ultimate political insider by supporting non-partisan, independent news and becoming a paid subscriber to this newsletter today.
Executive Moves
7:30AM - GOVERNOR GLENN YOUNGKIN HOSTS HOUSE AND SENATE REPUBLICAN LEADERSHIP FOR A WORKING BREAKFAST
LOCATION: Governor’s Executive Mansion - CLOSED PRESS
9:30AM -GOVERNOR GLENN YOUNGKIN RECEIVES AN ADMINISTRATION UPDATE FROM SECRETARY KAY COLES JAMES
LOCATION: Patrick Henry Building - CLOSED PRESS
4:00PM - GOVERNOR GLENN YOUNGKIN DELIVERS REMARKS AT WILLIAM & MARY CHARTER DAY
LOCATION: The College of William & Mary - OPEN PRESS
The rundown
A VA-02 Republican candidate mocks Scott Taylor for considering a third run at defeating Luria
Senate and House Democrats call on Youngkin to remove Wheeler from his acting role as secretary
Reporting that the Senate backed a grocery tax repeal, a deputy attorney general resigned after old Facebook posts were discovered by WaPo, and more.
A Republican bill seeks to address ‘cancel culture’
Senate and House Democrats are calling on Gov. Youngkin to remove Andrew Wheeler from his position as acting secretary
Andrew Wheeler’s confirmation to Gov. Youngkin’s cabinet as Secretary of History and Natural Resources failed to make it through the state Senate this week. His refusal does not take effect until the end of session, however, meaning he can remain on as acting secretary for the remainder of the legislative session.
House and Senate Democrats called on the governor Thursday to speed up the process and remove Wheeler now, instead of letting him remain in the position for a few more weeks.
“We’ve made it clear that Mr. Wheeler is not the right choice to serve in this essential role, and Article V, Section 11 of the Virginia Constitution specifically states that no person shall enter upon, or continue in, office after the General Assembly refuses to confirm,” said Senator Adam Ebbin, Chair of Senate Privileges and Elections Committee. “As a result, we hope that Governor Youngkin will make the right decision and request Mr. Wheeler’s resignation so that the Commonwealth can move forward with its business.”
“Andrew Wheeler has proven time and time again that his agenda runs directly counter to those priorities and the best interest of the communities we represent,” said Delegate Rip Sullivan. “As such, our colleagues in the Virginia Senate rejected Governor Youngkin’s nomination of Andrew Wheeler and the Governor must now do the right thing and ask Mr. Wheeler to step down.”
The Youngkin administration referred Virginia Scope to this statement from Macaulay Porter, a spokesperson for the governor: "It's clear Mr. Wheeler is extraordinarily qualified to be Secretary of Natural and Historic Resources and admirably served for decades in the highest levels of government. The governor is disappointed in today’s vote because he was looking forward to Mr. Wheeler accomplishing great things on behalf of Virginians. Pursuant to the Constitution, he will continue to serve as Secretary of Natural and Historic Resources until the General Assembly adjourns. In the meantime, we hope the Senate will reconsider.”
The Associated Press reported on Friday that one state Senator believes Youngkin is prepared to find a new SNHR Secretary.
A VA-02 Republican candidate responded to former Congressman Scott Taylor considering running against Luria again
Jarome Bell, a VA-02 candidate that once said election officials involved in the 2020 elections should be hung, is now making fun of former Congressman Scott Taylor for indicating in an email that he is considering running against Luria for a third time.
Taylor lost in 2018 to Luria, then he beat Bell for the nomination in 2020 and ended up losing to her again. Bell record a video on Facebook to take a jab at Taylor.
“I welcome you to come into the race. So you got your little poll, and it said you won [...] and we know it most likely went to all of your people, your call list. [...] How can you vote for a two-time loser, bro?”
Republican-backed bill seeks to address ‘cancel culture’
By Joe Dodson
Capital News Service
RICHMOND, Va. -- A bill aiming to protect the right of government employees to oppose government policies advanced to the House floor this week.
“The cancel culture has gotten to such that if you don’t agree, society wants to go and push that you’re penalized even though it has nothing to do with your job,” Del. Glenn R. Davis, R-Virginia Beach said.
Davis introduced the bill with support from co-patron Del.Wendell Walker, R-Lynchburg. The General Laws committee passed the bill by a vote of 13-9.
House Bill 384 would protect state and local government employees from punishment for expressing opinions opposing a government rule, regulation or policy at a hearing of a public body during the time designated for public comment. The bill applies only to hired employees, not elected officials.
The bill also exempts employees from being forced to speak a particular message if such speech would violate the employees' deeply held beliefs. However, lawmakers added new language to the bill that an employee is not exempt from fulfilling their employment duties.
“This does not govern what you may say, this governs what you cannot be forced to say,” Davis said in the subcommittee hearing.
There is no current law forbidding government employees from expressing their opinions. Davis said that employees are still being punished for expressing their beliefs and used a teacher speaking out against evolution as an example.
Norfolk-based labor and employment lawyer John Bredehoft said the argument in similar lawsuits is whether the employee is speaking as a private citizen or in a public capacity.
The Loudoun County school board suspended physical education teacher Byron Cross after he spoke in opposition of proposed transgender policies at a public meeting. The Virginia Supreme Court upheld a circuit court’s decision to reinstate Cross in his job.
Under the proposed bill, Cross would be further protected to speak in opposition of gender identity policies at future school board meetings.
Del. Dawn M. Adams, D-Richmond, questioned in the subcommittee how the bill could undermine faith in both the public servant and the agency of their employer.
Adams and Davis disagreed if employees could abuse the proposed law. Davis focused primarily on issues like employees complaining about vacation policies, while Adams was concerned with how the bill could protect hate speech.
“I just find this [bill] so dangerously offensive,” Adams said. “We can whitewash it with less toxic behaviors, but you cannot imagine the harm it does emotionally and spiritually to people when you are using social media for such bad purposes.”
Adams later thanked Davis for listening to her concerns and addressing them through substitutions. Adams, who raised concerns for the original bill, voted for the amended version. Otherwise the vote was split along party lines.
The amended bill would allow employees to voice dissent at public meetings rather than protecting them more broadly from expressing opinions against policies in their personal time.
Josh Hetzler, a legislative counsel from the Founding Freedoms Law Center, a legal arm of the Family Foundation, spoke in support of the bill at the subcommittee hearing. The Family Foundation is a nonprofit, faith-based organization that advocates for policies based on biblical principles.
“Let me tell you, the cancel culture is real,” Hetzler said to the subcommittee. “What this bill does is seek to address that.”
He said the bill is just attempting to respect the constitutional rights an employee already should have.
Narissa Rahaman, executive director of Equality Virginia, said during the subcommittee meeting that the bill could have dangerous implications for marginalized communities.
“We do have concerns that the true intent of this bill is to provide cover to state and local government employees who are anti-LGBTQ,” Rahaman said. “This bill would give government employees an individual veto over their job agenda and at risk, marginalized communities.”
Davis said his bill was trying to bring a “balance back to the equation,” amid a cancel culture that prohibits people from speaking their opinion on policies.
Bredehoft said hate speech is not protected under the First Amendment, but he is concerned about how the bill could contribute to a growing problem of political division.
“Whenever there's a difference about a matter of policy it becomes not a matter to be resolved through political compromise but rather absolutist fans on both sides and the demonization of the other,” Bredehoft said.
Virginia Attorney General staffer email raises ethical questions from Democratic lawmakers - WRIC
by Ben Dennis
Two Democratic state lawmakers say they are considering calling for a probe into the Virginia Attorney General’s office, after citing questionable ethics of a senior staffer. The special assistant for investigations internally inquired about a job at the University of Virginia the same day the sitting attorney was fired, according to an email obtained by 8News.
In an email obtained by 8News, Carlton Davis, special assistant to the attorney general for investigations, said “when the Loudoun County investigation wraps up in a few months, assuming it is done well and the AG looks good (as is the hope/expectation on my end), as mentioned a couple of times, I’d be very interested in working the University’s Counsel’s office.”
Senate panel backs compromise on grocery tax repeal, kills gas tax suspension - Richmond Times-Dispatch
by Michael Martz
Gov. Glenn Youngkin’s ambitious tax cut package isn’t what it used to be in the Virginia Senate, but the governor salvaged a portion of his proposal to repeal the sales tax on groceries two days after it had been killed and resuscitated.
The Senate Finance Committee on Thursday approved a compromise that would repeal two parts of the grocery tax — 1% that the state collects and redistributes to local school divisions based on school-age population, and 0.5% that raises money for the state’s transportation program.
Deputy Va. attorney general resigns after revelation of Facebook posts praising Jan. 6 rioters, claiming Trump won election - Washington Post
A top deputy overseeing election issues for Virginia’s new Republican attorney general resigned Thursday after The Washington Post questioned the office about Facebook posts she had made praising rioters at the U.S. Capitol on Jan. 6, 2021, and falsely claiming President Donald Trump won the 2020 election.
Former deputy attorney general Monique Miles also espoused unfounded conspiracy theories about voter fraud and election interference in more than a dozen Facebook comments that spanned months. Four people who interacted with Miles on Facebook confirmed the authenticity of the posts.
Senator: Youngkin seems ready to find Wheeler replacement - Associated Press
by Sarah Rankin
Republican Virginia Gov. Glenn Youngkin seems ready to move on to finding a new nominee after clashing with Senate Democrats over the appointment of former Environmental Protection Agency administrator Andrew Wheeler to his Cabinet, a senior state senator said Thursday.
Sen. Emmett Hanger told The Associated Press that he discussed the matter with Youngkin over dinner Wednesday night and he doesn’t think the governor sees a path forward to securing Wheeler’s confirmation as secretary of natural and historic resources.
More Virginia News
Youngkin makes first public visit to Hampton Roads since inauguration, flies drone in Virginia Beach
Lieutenant governor casts her first tiebreaker against Edwards bill
Va. Senate Democrats kill proposal to mostly ban abortion after 20 weeks
Questions remain about whether parents-choice mask can take effect before July
Lawmakers pivot to ‘lab schools’ as Senate committee kills charter legislation
Richmond school violated law by barring special needs student from in-person learning, state says
A senator was annoyed by a ‘Virginia is for Bettors’ ad. Now he wants to ban them.
Virginia lawmakers move to end ban on police facial recognition technology
After I-95 shutdown, Senate committee approves restrictions on truckers during wintry weather