Most voters don’t realize just how important the post of Attorney General really is to the Commonwealth. In addition to providing the legal basis for the governor’s policy agenda, the office of Attorney General defends and upholds the constitutionality of state law and acts as the de-facto law firm of the Commonwealth. This is a daunting task in an age when federal policy proscriptions are colliding with state agendas in very real and very contentious ways. Look no further than challenges to refugee re-settlement, Title IX protections against campus sexual assault, immigration, challenges to Obamacare, LGBTQ and environmental protections, along with a host of other legalese that govern our daily lives.
At the center of this turbulent vortex is Mark Herring, the incumbent Democratic candidate for Attorney General. Herring, a former State Senator from the 33rd District in Fairfax and Loudoun counties, made a name for himself early in his tenure by refusing to defend the Virginia Marriage Amendment – an amendment which defined marriage as ‘solely between one man and one woman’, which was a dark blemish on Virginia’s fight for equality. Herring’s refusal effectively paved the way for marriage equality in the Commonwealth.
RVA Mag’s Political Director, Landon Shroder and Staff Writer, Madelyne Ashworth, caught up with Herring at Lamplighter near Virginia Commonwealth University for a coffee and to chat about the upcoming election, gender-based violence, the LGBTQ community, Virginia’s opioid crisis, the events in Charlottesville, and just about everything else that is on the mind of young voter’s this campaign season.
Shroder: Nice to see you again, how is the campaign going?
Herring: So far, so good. People are beginning to realize there is an election coming up and it is really exciting and I feel good about how things are, but you have to sprint towards the finish.
Shroder: You’ve been in electoral politics for some time now, but clearly we are in a new political age and we’re all experiencing something new in politics. Because of this, has this campaign differed from other campaigns you’ve ran before?
Herring: This is definitely one of the most challenging political landscapes I have encountered in my public life. It is drawing upon all the skills I have to navigate through it, but it is also a really important time for folks to become more deeply engaged. There are a lot of questions that our country is asking right now about who we are as a nation, who we are as a Commonwealth, and it’s a time that people should not be on the sidelines.
Shroder: Do you feel that is reflective in your day to day interactions while on the trail? Or is this just something everyone already knows, like a tangible feeling?
Herring: I definitely sense an awareness that we are in a different political time. [Previously] elected officials at least seemed like they were operating within a certain lane of reasonableness. Now a lot of boundaries have been crossed and a lot of people are scratching their head about what direction is our country really going in right now; how are people reacting to the chaos coming out of the White House? It’s unclear how it is all going to shake-out.
I have a lot of confidence in Virginians being people who are caring about others, about the importance of community and being committed to equality and inclusiveness. I truly believe that’s who we are as a state and is something I am deeply committed too.
Herring Speaking at the Obama Rally Last Thursday. Photo by Landon Shroder
Title IX Protections:
Ashworth: This is something that’s important to me as a recently graduated college student, and here we are sitting next to VCU’s campus. Now that the Title IX protections have been withdrawn, how can we protect students from sexual assault, especially since 23 percent of young women are experiencing that every day?
Herring: I am deeply concerned about the direction Secretary DeVos is taking us with campus sexual violence. I chaired the Governor’s task force to combat sexual violence three years ago. We made enormous progress in getting much more comprehensive prevention programs in place at Virginia’s colleges and universities, working to change the culture, letting students know that as a state, we are committed to campus safety. I want to make sure every student knows as long as I’m Attorney General, they should feel comfortable stepping forward to report an incident of sexual assault when it happens, and they will not be treated with suspicion or judgment. They will be treated with the dignity and respect and compassion they deserve.
I was really disappointed in the Secretary’s remarks in the early part of the school year. That’s a time when it’s back to campus, a time that students should hear from their education secretary that she and all of us are committed to safe environments in all of our colleges and universities. Particularly at the beginning of the year, to hear something else was a concern. As Attorney General, I would like Virginia students to know in particular that maybe the Secretary wants to go in a different direction, but we in Virginia are on the right path. We’re going to continue to make sure that there is a survivor center and trauma-informed response at our state colleges and universities.
Ashworth: Another issue I think is important to women my age, particularly women of color, who don’t necessarily feel represented by the people who are creating policy around Title IX, namely older, white, male politicians. How do you reconcile that difference?
Herring: It’s important that young people, including women, make their voices heard, make the concerns know. I, myself, am a parent. I’ve got two children, one still in college, our son is a senior, and our daughter is 25. By making sure that their voices are heard in policy-making forums, in elections, in other types of conversations that can impact laws and regulations so they can have an impact. They should also begin thinking about taking a leadership role. It’s not just about making your voice heard, but stepping up and becoming a leader in your community, in your school, in your state. We need new generations of young people to step forward and become the leaders of today and tomorrow.
Opioid Crisis:
Shroder: What is the responsibility in Virginia to treat the opioid crisis as a public health issue vs. a law enforcement issue? Where do those two things meet?
Herring: There is a law enforcement component and I have worked hard to step up prosecutions against dealers and traffickers who bring heroin and fentanyl into Virginia – those who profit off of addiction. But, I have known from the very beginning that this is not a problem we were going to solve with arrests. Many of our drug policies of the past have not worked well and we need to take a fresh look at this. One of the things that taught me a lot early on when I started working on this back in 2014, was meeting with family members who had lost loved ones to heroin or opioid overdoses. Initially, the conversation goes towards the person they loved and the wonderful qualities they had. I could see that these drugs were not going after one particular demographic, it was crossing every racial and demographic divide. It wasn’t an urban, suburban, or rural problem, it was happening everywhere, and it was something that could happen to anyone.
We are also part of a 41 state Attorneys General investigation into pharmaceutical manufacturers. To see if they have engaged in any unlawful practices, regarding their marketing and distribution. These drugs are incredibly powerful, and devastating the lives of so many families. It is estimated over 60,000 Americans died last year alone, over 1,100 of them in Virginia. It’s a national tragedy and a problem that is decades in the making, and has it has it’s roots in the medicine cabinet much more so than in the streets.
Herring Stumping for Ralph Northam. Photo by Branden Wilson
Marijuana:
Shroder: Do you support the decriminalization of marijuana?
Herring: It is time we look at the experience of other states. There are several other states, that have either decriminalized or legalized and we should look at what their experience has been. There have been some unintended consequences as a result, but it is time to take a look at it and see what might work for Virginia. That’s something that might not have been on the table a long time ago, but it is time to have the conversation about what the impact has been in other states and to see if that {is} something we want to do in Virginia.
This is an area where Republicans and Democrats can sit down at the table and talk about it, and try to come up with practical solutions that make sense.
Gender-Based Violence:
Ashworth: Shifting gears again, there are 1,300 untested rape kits in the Commonwealth. Why?
Herring: When I came into office, there were over 2,000 untested rape kits. When I found out, that was unacceptable to me. I’m now working to completely eliminate the backlog and I’m not going to stop until every kit is tested, survivors know the results, and every case gets a fresh look. It has made such a {difference} for survivors. First of all, that means perpetrators could still be out there. It means survivors are not getting justice. It also means a lot to survivors of sexual assault to know that their Commonwealth understands the severity of the crime, as well as the trauma that goes with it.
I’ve had survivors talk to me and share with me what it has meant to them. I talked with a woman, I won’t use her name for her privacy, but she heard I was visiting near where she lived and she reached out to our office to arrange a meeting for five minutes. We didn’t know what it was about, but we said ‘okay.’ It turned out she had been raped. Her perpetrator was apprehended, and she followed the case through trial and he’s in prison. But when she heard we were eliminating the backlog, it made her feel better to know that her Commonwealth understands survivors. We will stand with them to get justice and help them on a path of healing and recovering.
Ashworth: So I’m guessing the backlog is a result of a lack of funding or money?
Herring: It could be for a number of reasons. They weren’t part of an active investigation. The good news is, many of the departments kept the kits in their evidence rooms long after state law would have allowed them to be destroyed.
Ashworth: Could you explain your lethality assessment protocol? Does it apply to citizens, or is it just for law enforcement?
Herring: Lethality assessment protocol is a way to help reduce domestic violence and homicides. Local police working with community advocates can come together and develop a set of questions that can be asked of a victim of domestic violence when law enforcement first arrives on the scene to assess whether that person might be at risk for further victimization and danger. If so, connect them right there, on the scene, with services in the community to get them to a place of safety where they can begin to rebuild their lives rather than leave them in that environment in which, once the police leave, they could be in danger again.
Reproductive Health:
Ashworth: As of now, we have a Republican-dominated General Assembly. Where does that leave Planned Parenthood?
Herring: I will continue to do everything I can to block efforts by the Republicans and the General Assembly to take the rights away from women to access the full range of reproductive health services that they need and deserve. It’s one reason why it’s really important to elect me and Ralph Northam as governor, so when those laws get passed, there’s somebody there with a veto pen who can veto them, and there’s somebody like me who will go into court to protect the rights of women to access their health care.
Shroder: It’s amazing we even still have to have this conversation in 2017.
Herring: Oh, I know.
Shroder: We could be talking about so many other things, couldn’t we?
Herring: We could. But we still have to fight these fights. I don’t know how much you want to get into my opponent’s record, but he opposes abortion in all cases including rape and incest. He fought twice in the Supreme Court to limit access to birth control and would allow employers to make that decision for employees. It’s a stark contrast between him and me, and I will stand up for women’s rights.
Ashworth: Going off that point, providing birth control for employees and birth control for students using their public university’s health care systems, how worried do those women need to be about seeking birth control after the reversal of the contraception mandate from the President?
Herring: I think it is a real concern. The numbers of women who could be impacted negatively by this are enormous. We are looking at what legal options might be out there to stop the President from being able to implement that. Right now, rolling that back would put the decision in the hands of the employer. I don’t think someone should have to go to their employer to ask permission to have birth control. Having the contraception mandate has been very beneficial for public health. It has helped to lower unintended pregnancies. Rolling it back will have a significant impact on public health and the ability of women to access birth control. It could increase co-pays and out-of-pocket costs, and make it much more difficult to access important health services.
Again, it’s hard to believe we’re having this conversation in 2017.
Mark Herring with LT Gov Candidate, Justin Fairfax. Photo by Landon Shroder
Fight Against White Nationalism:
Shroder: Well I’m about to hit you with another ‘I can’t believe I am asking this in 2017 question’. Obviously, we can’t legislate out people’s perceptions and bigotries and the fears which drive these things. But are there any practical protections that the Commonwealth can offer against the creep of white nationalism and white supremacy. I can assure you, young people are deeply scared of these groups marauding through their towns.
Herring: Virginia is a state that is committed to equality and inclusiveness. It is essential for all of us, especially those in leadership positions, community, state, and nationally to speak out against this kind of hatred and bigotry. Whether it is the neo-Nazis, white nationalists, white supremacists, by whatever name they go by – to make sure that kind of hatred and bigotry never finds a home anywhere in our Commonwealth.
The first thing we have to do is make sure we all speak out against that to make it clear that is not who we are as a state. As well as, speak out when other public officials look the other way and give it a wink and a nod, aid, and comfort because right now, it seems like these groups feel they have a fellow traveler and supporter in the White House – the highest office in the land. That is helping to embolden them, and it is harmful and detrimental.
Shroder: One of the things which was shocking in Charlottesville, was the sheer amount of military kit these guys could purchase. These guys were wearing paramilitary kit, so what responsibility does the Commonwealth have to say ‘you can’t show up in public gatherings in body armor with long guns’?
Herring: The governor has established a commission to review the after-action to see whether there are conditions we can attach to permits to help improve public safety. I think in addition to that we need to take a look at our private militia laws to make sure that they are as strong and as broad as they need to be. To make certain that when there are paramilitary groups out there, they are under the control of the civil authority and not operating autonomously on their own. That may require some legislative change and I am looking at that very carefully right now. I may be bringing something forward next year.
Shroder: Do you think the vehicular attack was an act of terrorism?
Herring: Yes. It was an act of terrorism. The individual was motivated by this kind of political hatred and he weaponized his car. Whether he used a gun or a bomb or a car, it was nonetheless lethal and fatal to a woman who had the courage to stand up and express her opposition to this kind of hatred and bigotry.
Shroder: Can Fields [the white supremacist who conducted the act] be charged with terrorism in the Commonwealth or does that have to be a federal charge?
Herring: The local Charlottesville police investigated the case and the local prosecutor is the one responsible for bringing the charges. But there is no question in my mind and I think to most people’s understanding that this was an act of terrorism.
LGBTQ Equality:
Shroder: Our editor at GayRVA couldn’t be here, but she wanted us to ask you this: “The Department of Justice (DOJ) has recently argued in favor of businesses being allowed to discriminate against customers and employees on the basis of sexual orientation and gender identity, which brings us to the fact that neither sexual or gender identity are protected in Virginia at a state level.”
Herring: Where do I begin?! First, we have joined a group of states’ attorney generals to take a different view of the case where the DOJ is arguing that position. I have been very proud to fight for and advocate for the rights of the LGBTQ community in Virginia. Whether it was 11 days after taking office, and announcing that we were going to bring Virginia into the fight for marriage equality. Or issuing a legal opinion to school boards that they had the legal authority to include sexual orientation in their non-discrimination policies. Or issuing legal opinions to members of the legislature that discrimination in employment and housing on the basis of sexual orientation might be discrimination depending on how federal law evolves. There are many decisions in federal courts that would make it discrimination.
These are issues that are being fought out in courts across the country, which is one reason why Virginian’s have an Attorney General who will stand up and fight for their rights. My opponent has a very different view. He said marriage equality was quote, ‘totally made up’, and he would use the powers of the office to roll it back.
Shroder: It seems like we’ve made so much progress towards marriage equality, so is that just pandering to the base because the base has continued voice to be vocal on this issue; or is this just a move towards the usual conservatism?
Herring: I take him at his word that this is what he believes. It is a reminder that progress is not always linear, nor is it inevitable. It is something that all of us need to work hard to move forward. We have made a lot of progress in Virginia and as long as I am Attorney General we are not going to give up the hard-fought gains and we are going to continue to move forward.
Shroder: This has been a great interview, lots of ground covered. Any parting words to our readers?
Herring: What I care about is engaging them [young people] on issues important to them. A lot of people might not know exactly what the Attorney General does, but when I talk about some of the work we’ve been doing over the last four years: breaking Virginia into the fight for marriage equality, successfully defending our Chesapeake Bay clean up plan, helping dreamers find an affordable college education, successfully defending the Affordable Care Act from another cynical legal challenge and taking it all the way to the Supreme Court and winning, standing up to President Trump’s Muslim Ban and winning, fighting the heroin and opioid epidemic and bringing in a lot of new ideas, addressing campus sexual violence across the state, and taking a survivor-centered and trauma-informed approach.
When young people hear the work we’ve been doing over the past four years, they do get excited and say ‘an Attorney General can do these things?’. That is what I’ve been wanting to do, to find ways to break through and talk to young people where they are – like with your publication – and help get the word out about what an Attorney General can do for them – not to flatter you!
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