RICHMOND -- Gov. Bob McDonnell is under investigation over the statements of economic interest he has filed.
The investigation was initiated by Virginia Attorney General Ken Cuccinelli, who sent a letter in early November 2012 to Richmond Commonwealth’s Attorney Michael N. Herring, appointing him to review McDonnell’s statements. By law, elected officials are required to account for all gifts received in excess of $50.
"I did what I have consistently tried to do as attorney general, which is to uphold the law impartially," Cuccinelli said in a statement today.
" I made a referral to Richmond Commonwealth's Attorney Mike Herring in November 2012 to conduct an investigation into possible violations of financial disclosure provisions, as information came to my attention that triggered my requirement to look into the matter. The law also requires me to designate a commonwealth's attorney with independent discretion to investigate the matter further.
My referral to Mr. Herring was not a conclusion that any violation occurred. Under the law, that conclusion will be made by Mr. Herring alone."
In response to to a Freedom of Information Act request for correspondence between the attorney general’s office and Richmond Commonwealth’s Attorney Office filed last week by the Richmond Times-Dispatch, Herring says:
“In that letter, the Attorney General designated me, pursuant to Virginia Code Section 2.2-3126(A)(2), to review certain Statements of Economic Interest filed by the governor."
The section of the Virginia Code referenced in Herring’s response outlines the responsibility of the attorney general as the sole official charged with the initial enforcement function with regard to disclosures required by certain state officers and employees. It states:
“If he determines that there is a reasonable basis to conclude that any officer or employee serving at the state level of government has knowingly violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution of such officer or employee.”
In his response to the Times-Dispatch FOIA, Herring says he will not provide the letter sent by Cuccinelli requesting the investigation.
“I am not tendering the actual letter from the attorney general because I believe it constitutes 'criminal investigative file' material,” Herring states in his response, dated May 21.
“For future reference, I will not disclose the content, substance or results of my review until it is complete, and only then through due process and in accordance with the law.”
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