Ken Cuccinelli#Virginia seal
{{Short description|American politician (born 1968)}}
{{redirect|Cuccinelli|the fashion designer|Cucinelli}}
{{Use mdy dates|date=September 2024}}
{{Infobox officeholder
| name = Ken Cuccinelli
| image = Ken Cuccinelli official photo.jpg
| office = Acting United States Deputy Secretary of Homeland Security{{Cite web|date=September 7, 2006|title=Leadership|url=https://www.dhs.gov/leadership |publisher=Department of Homeland Security |language=en |access-date=November 15, 2020}}
| status = De facto, unlawful
| president = Donald Trump
| term_start = November 13, 2019
| term_end = January 20, 2021
| predecessor = David Pekoske
| successor = David Pekoske (acting)
| office1 = Acting Director of United States Citizenship and Immigration Services
| status1 = De facto, unlawful
| president1 = Donald Trump
| term_start1 = June 10, 2019
| predecessor1 = L. Francis Cissna
| successor1 = Tracy Renaud (acting)
| office2 = Principal Deputy Director of United States Citizenship and Immigration Services
| president2 = Donald Trump
| term_start2 = June 10, 2019
| term_end2 = January 20, 2021
| predecessor2 = Office established
| successor2 = Office abolished
| office3 = 46th Attorney General of Virginia
| governor3 = Bob McDonnell
| term_start3 = January 16, 2010
| term_end3 = January 11, 2014
| predecessor3 = Bill Mims
| successor3 = Mark Herring
| state_senate4 = Virginia
| district4 = 37th
| term_start4 = August 19, 2002
| term_end4 = January 12, 2010
| predecessor4 = Warren E. Barry
| successor4 = David W. Marsden
| birth_name = Kenneth Thomas Cuccinelli II
| birth_date = {{birth date and age|1968|7|30}}
| birth_place = Edison, New Jersey, U.S.
| death_date =
| death_place =
| party = Republican
| spouse = {{marriage|Alice Monteiro Davis|1991}}
| children = 7
| education = University of Virginia (BS)
George Mason University (MA, JD)
| signature = Ken Cuccinelli Signature.jpg
| caption = Official portrait, 2019
}}
Kenneth Thomas "Cooch” Cuccinelli II ({{IPAc-en|,|k|u:|tʃ|ɪ|'|n|ɛ|l|i|}} {{respell|KOO|chin|EL|ee}}; born July 30, 1968) is an American lawyer and politician who served as the acting Deputy Secretary of Homeland Security from 2019 to 2021. A member of the Republican Party, he also served as the Principal Deputy and acting Director of U.S. Citizenship and Immigration Services (USCIS) and was Attorney General of Virginia from 2010 to 2014.
Cuccinelli previously served in the Virginia Senate, representing the 37th district in Fairfax County from 2002 until 2010, and as the 46th attorney general of Virginia from 2010 until 2014. Cuccinelli was the Republican nominee for Governor of Virginia in the 2013 Virginia gubernatorial election, losing to the Democratic nominee, Terry McAuliffe.
A self-described opponent of homosexuality, Cuccinelli in his position as Virginia Attorney General defended anti-sodomy laws and prohibitions on same-sex marriage. Cuccinelli rejects the scientific consensus on climate change, and in his position as Attorney General investigated climate scientists whom he accused of fraud. Characterized as an immigration hard-liner, Cuccinelli sought to prohibit undocumented immigrants from attending universities, repeal birthright citizenship, and force employees to speak English in the workplace.
His appointment as Acting USCIS Director by Donald Trump's first administration was ruled unlawful by U.S. District Judge Randolph Moss in March 2020, who found it to be in violation of the Federal Vacancies Reform Act of 1998. Later that year, the Government Accountability Office ruled his appointment as the acting Deputy Secretary illegal as well.
Early life and education
Cuccinelli was born in Edison, New Jersey, the son of Maribeth (née Reilly) and Kenneth Thomas Cuccinelli.{{cite news |url=http://nl.newsbank.com/nl-search/we/Archives?p_product=MT&s_site=macon&p_multi=MT&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=1289AFD5C9F408E0&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM |title=Macon Telegraph: Search Results |date=June 3, 2009 |access-date=July 29, 2013}} His father is of Italian descent and his mother is of Irish ancestry.{{cite web |url=http://mommylife.net/archives/2011/01/ken_cuccinelli_1.html |title=Ken Cuccinelli – roots and wings |website=Mommy Life |access-date=July 29, 2013 |archive-url=https://web.archive.org/web/20130402223517/http://mommylife.net/archives/2011/01/ken_cuccinelli_1.html |archive-date=April 2, 2013 |url-status=dead }} He attended Gonzaga College High School in Washington, D.C., where he graduated in 1986,{{cite web|url=http://www.oag.state.va.us/Cuccinelli/AG_Bio.html |title=Attorney General Cuccinelli |access-date=April 3, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100121041857/http://www.oag.state.va.us/Cuccinelli/AG_Bio.html |archive-date=January 21, 2010}} and received a Bachelor of Science in mechanical engineering from the University of Virginia, a J.D. from George Mason University School of Law, and an M.A. in international commerce and policy from George Mason University.{{cite web|title=Virginia Attorney General Biography |url=http://www.oag.state.va.us/Cuccinelli/AG_Bio.html |url-status=dead |archive-url=https://web.archive.org/web/20100121041857/http://www.oag.state.va.us/Cuccinelli/AG_Bio.html |archive-date=January 21, 2010}}
Career
Cuccinelli co-founded a general practice law firm in Fairfax, Virginia.{{cite web |url=http://www.cuccinelliday.com/attorney_profiles.html |title=Cuccinelli & Day, PLC – Attorney Profiles |access-date=May 31, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20100706130853/http://www.cuccinelliday.com/attorney_profiles.html |archive-date=July 6, 2010}}
=Virginia State Senate (2002–2010)=
Cuccinelli ran for the state Senate in the 37th District in an August 2002 special election. He defeated Democrat Catherine Belter 55%–45%.{{cite web|url=http://www.ourcampaigns.com/RaceDetail.html?RaceID=7271 |title=VA State Senate 37 – Special Race – Aug 06, 2002 |website=Our Campaigns |access-date=July 29, 2013}}{{cite news |url=https://www.washingtonpost.com/archive/local/2002/06/05/barry-quits-senate-for-liquor-board-post/ab1dae55-6a97-4d6d-aab9-8b58443c8a70/|title=Barry quits Senate for Liquor Board post; Va. Legislator Cites Financial, Health-Care Needs |newspaper=The Washington Post |date=June 5, 2002 |page=B1 |access-date=August 13, 2019}} In 2003, he was re-elected to his first full term, defeating Democrat Jim E. Mitchell III 53% to 47%.{{cite web |url=http://www.ourcampaigns.com/RaceDetail.html?RaceID=92000 |title=VA State Senate 37 Race – Nov 04, 2003 |website=Our Campaigns |access-date=July 29, 2013}} In 2007, he barely won re-election to his second full term, narrowly defeating Democrat Janet Oleszek by a 0.3-point margin, a difference of just 92 votes out of about 37,000 votes cast.{{cite web|title=November 6, 2007 General Election results |publisher=Virginia State Board of Elections |url=https://www.voterinfo.sbe.virginia.gov/election/DATA/2007/196E44FA-8B19-4240-9A44-737216DAA55D/Unofficial/7_p2_s.shtml |access-date=March 17, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20111002103213/https://www.voterinfo.sbe.virginia.gov/election/DATA/2007/196E44FA-8B19-4240-9A44-737216DAA55D/Unofficial/7_p2_s.shtml |archive-date=October 2, 2011}}{{cite web |url=http://www.ourcampaigns.com/RaceDetail.html?RaceID=375973 |title=VA State Senate 37 Race – Nov 06, 2007 |website=Our Campaigns |access-date=July 29, 2013}}
=Attorney General of Virginia (2010–2014)=
{{Main|Ken Cuccinelli's term as Attorney General of Virginia}}
File:Cuccinelli Speaking 2012.jpg, at a U.S. Department of Justice press conference announcing a resolution of Abbott Laboratories' off-label promotion of its drug Depakote in May 2012]]
In 2009, Cuccinelli was selected as the Republican nominee for attorney general,{{Cite news |last=Abruzzese |first=Sarah |title=Cuccinelli nominated by Virginia GOP for Attorney General |newspaper=The Washington Times |date=May 20, 2006 |url=http://www.washingtontimes.com/news/2009/may/30/cuccinelli-nominated-virgina-gop-attorney-general/|access-date=August 23, 2009}} going on to win 58% of the vote (1,123,816 votes). Republican Bob McDonnell became governor,{{Cite web |url=https://www.c-span.org/video/?291379-1/virginia-governor-mcdonnell-inauguration&start=70|title=Virginia Governor McDonnell Inauguration, Jan 16 2010 |publisher=C-SPAN|language=en-US|access-date=January 18, 2018}} and Bill Bolling was re-elected as lieutenant governor. Cuccinelli was inaugurated on January 16, 2010.{{cite web|url=http://nbc12.wordpress.com/2010/01/16/nbc12s-complete-coverage-of-the-2010-inauguration/ |title=NBC12′s Complete Coverage of the 2010 Inauguration |website=Decision Virginia blog |date=January 16, 2010 |access-date=September 25, 2013}}
In 2010, Cuccinelli was the first attorney general to file a federal lawsuit (Virginia v. Sebelius) challenging the constitutionality of the Affordable Care Act (Obamacare).{{cite web |url=http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/32210_Health_Care_Bill.html |title=Virginia Attorney General to file suit against Federal Government over passage of Health Care bill |access-date=March 25, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100326105159/http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/32210_Health_Care_Bill.html |archive-date=March 26, 2010}}{{Cite news|url=https://www.washingtonpost.com/local/virginia-politics/cuccinelli-highlights-obamacare-fight/2013/09/28/152e9cc8-27c3-11e3-b3e9-d97fb087acd6_story.html|title=Cuccinelli highlights Obamacare fight|date=September 28, 2013 |newspaper=The Washington Post}} During his 2013 run for governor, Cuccinelli opposed the ACA's Medicaid expansion.
In July 2010, Cuccinelli joined eight other states in filing an amicus brief opposing the federal government's lawsuit challenging an Arizona immigration enforcement statute.{{cite news|url=http://augustafreepress.com/cuccinelli-joins-group-backing-arizona-immigration-law/|title=Cuccinelli joins group backing Arizona immigration law|date=July 15, 2010|work=Augusta Free Press |access-date=July 23, 2010}} In August 2010, Cuccinelli authorized law enforcement officials to investigate the immigration status of anyone that they have stopped.{{cite news|newspaper=The Washington Post|page=A1|title=VA. permits wider police immigration status check|first1=Anita|last1=Kumar |first2=Rosalind |last2=Helderman |date=August 3, 2010|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/08/02/AR2010080205229.html|access-date=December 18, 2013}}
Cuccinelli rejects the scientific consensus on climate change.{{Cite web|url=http://www.pbs.org/wnet/need-to-know/environment/climate-scientist-says-va-attorney-generals-fraud-probe-is-harassment/3080/|archive-url=https://web.archive.org/web/20100827015203/http://www.pbs.org/wnet/need-to-know/environment/climate-scientist-says-va-attorney-generals-fraud-probe-is-harassment/3080/|url-status=dead|archive-date=August 27, 2010|title=Climate scientist calls Va. attorney general's fraud probe 'harassment' |publisher=WNET |access-date=May 23, 2019}} In 2010, Cuccinelli sought judicial review of the Environmental Protection Agency's finding that greenhouse gasses endanger public health.{{cite press release |url=http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/21710_Attorney_General%20Petitions%20EPA.html|title=Cuccinelli Petitions EPA and Files for Judicial Review|date=February 17, 2010 |archive-url=https://web.archive.org/web/20100221204015/http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/21710_Attorney_General%20Petitions%20EPA.html|archive-date=February 21, 2010|access-date=December 18, 2013}} In 2012, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit rejected Cuccinelli's arguments.[https://scholar.google.com/scholar_case?case=5965664274709162335&hl=en&as_sdt=2&as_vis=1&oi=scholarr Coalition for Responsible Regulation v. U.S. Environmental Protection Agency], United States Court of Appeals for the District of Columbia Circuit, June 26, 2012 In 2010, Cuccinelli announced he would challenge the March 2010 standards for motor vehicle fuel efficiency specified in the Clean Air Act.{{cite news|url=http://voices.washingtonpost.com/local-breaking-news/virginia/cuccinelli-challenges-feds-on.html|archive-url=https://web.archive.org/web/20120926005837/http://voices.washingtonpost.com/local-breaking-news/virginia/cuccinelli-challenges-feds-on.html|url-status=dead|archive-date=September 26, 2012|newspaper=The Washington Post|date=April 1, 2010 |title=Cuccinelli challenges fuel standards |access-date=December 18, 2013}}{{cite news|url=http://voices.washingtonpost.com/local-breaking-news/virginia/cuccinelli-challenges-feds-on.html |archive-url=https://web.archive.org/web/20120926005837/http://voices.washingtonpost.com/local-breaking-news/virginia/cuccinelli-challenges-feds-on.html |url-status=dead |archive-date=September 26, 2012 |title=Cuccinelli challenges fuel standards|newspaper=The Washington Post|access-date=April 2, 2010}}{{cite news |url=https://www.nytimes.com/2007/12/19/washington/19cnd-energy.html|work=The New York Times|date=December 19, 2007|access-date=January 4, 2010|title=Bush signs Broad Energy bill |first=John M. |last=Broder}} In April 2010, as part of the Attorney General of Virginia's climate science investigation, Cuccinelli served a civil investigative demand on the University of Virginia seeking a broad range of documents related to climate researcher Michael E. Mann.[http://www.meteo.psu.edu/~mann/Mann/cv/cv.html Retrieved 2010-05-04.] {{webarchive |url=https://web.archive.org/web/20100629143028/http://www.meteo.psu.edu/~mann/Mann/cv/cv.html |date=June 29, 2010}}{{cite news|last=Helderman|first=Rosalind|date=May 9, 2010|title=U-Va. urged to fight Cuccinelli subpoena in probe of scientist|page=C5|newspaper=The Washington Post |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/05/08/AR2010050802020.html|access-date=December 18, 2013}} On August 30, 2010, Judge Paul M. Peatross Jr. ruled that "the nature of the conduct is not stated so that any reasonable person could glean what Dr. Mann did to violate the statute."[https://web.archive.org/web/20110624100153/http://voices.washingtonpost.com/virginiapolitics/2010-08-30%20Opinion%20Granting%20UVA%20Petition.pdf Ruling]. Retrieved August 31, 2010.{{cite news|title=Judge rejects Cuccinelli's probe of U-Va.|first=Rosalind|last=Helderman|date=August 31, 2010|newspaper=The Washington Post|page=B1}}{{cite news|url=http://www.roanoke.com/webmin/news/judge-denies-cuccinelli-s-demand-for-climate-scientist-s-records/article_686af9b0-7f3b-5fad-a8a0-8bacbb548c2d.html |work=Roanoke Times |title=Judge denies Cuccinelli's demand for climate scientist's records; AG not backing down |date=August 30, 2010 |first=Michael |last=Sluss |access-date=October 7, 2016}} Cuccinelli appealed the case to the Virginia Supreme Court, which ruled that Cuccinelli did not have the authority to make these demands. The outcome was hailed as a victory for academic freedom.{{Cite news |last=Kumar|first=Anita|title=Va. Supreme Court tosses Cuccinelli's case against former U-Va. climate change researcher – Virginia Politics|url=https://www.washingtonpost.com/blogs/virginia-politics/post/va-supreme-court-tosses-cuccinellis-case-against-u-va/2012/03/02/gIQAeOqjmR_blog.html |date=March 2, 2012|access-date=March 2, 2012}}{{Cite news |last=Goldenberg|first=Suzanne|title=Virginia court rejects sceptic's bid for climate science emails : Environment|url=https://www.theguardian.com/environment/2012/mar/02/virginia-court-sceptic-access-climate-emails|work=The Guardian |location=London |date=March 2, 2012 |access-date=March 2, 2012}}
Cuccinelli opposes homosexuality, describing homosexual acts as "against nature" and "harmful to society".{{Cite web|date=July 20, 2013|title=Ken Cuccinelli reaffirms opposition to homosexuality |website=Washington Blade |language=en-US |url=https://www.washingtonblade.com/2013/07/20/cuccinelli-reaffirms-opposition-to-homosexuality/ |access-date=May 23, 2019}}{{cite news|last=Ginsberg|first=Steven|author2=Witte, Griff|date=June 29, 2003|title=In Wake of Sodomy Ruling, Va. Lawmakers Predict Bills on Both Sides|newspaper=The Washington Post|url=https://pqasb.pqarchiver.com/washingtonpost/access/352879311.html?FMT=ABS|archive-url=https://web.archive.org/web/20120410001635/http://pqasb.pqarchiver.com/washingtonpost/access/352879311.html?FMT=ABS|url-status=dead|archive-date=April 10, 2012|access-date=January 17, 2010}}{{cite news|date=October 26, 2009|title=Steve Shannon for attorney general|website=The Virginian-Pilot|url=http://hamptonroads.com/2009/10/steve-shannon-attorney-general|access-date=January 17, 2010|archive-date=October 29, 2013|archive-url=https://web.archive.org/web/20131029190028/http://hamptonroads.com/2009/10/steve-shannon-attorney-general|url-status=dead}} Cuccinelli opposes same-sex marriage.{{Cite web|last=Falcone|first=Michael|date=June 25, 2013|title=In Supreme Court Brief, Ken Cuccinelli Warned Of A Slippery Slope From Gay Marriage To Polygamy |publisher=ABC News |language=en |url=https://abcnews.go.com/blogs/politics/2013/06/in-supreme-court-brief-ken-cuccinelli-warned-of-a-slippery-slope-from-gay-marriage-to-polygamy |access-date=May 23, 2019}} He has argued against the constitutionality of same-sex marriages. In 2010, Cuccinelli called on Virginia universities to remove "'sexual orientation,' 'gender identity,' 'gender expression,' or like classification, as a protected class within its nondiscrimination policy, absent specific authorization from the General Assembly".{{cite news|date=March 4, 2010|title=Letter from Kenneth T. Cuccinelli II, Attorney General to Presidents, Rectors, and Visitors of Virginia's Public Colleges and Universities|publisher=Commonwealth of Virginia Office of the Attorney General|url=https://www.washingtonpost.com/wp-srv/metro/Cuccinelli.pdf|access-date=November 29, 2012}}
He defended the constitutionality of Virginia laws prohibiting sodomy.{{Cite web|date=April 3, 2013|title=Cuccinelli challenges Virginia gay sex law ruling {{!}} LGBT News |website=Washington Blade |language=en-US |url=https://www.washingtonblade.com/2013/04/03/cuccinelli-challenges-virginia-gay-sex-law-ruling/ |access-date=May 23, 2019}} In March 2013, a panel of the U.S. Court of Appeals struck down Virginia's anti-sodomy law, finding it unconstitutional based on the Supreme Court's 2003 ruling in Lawrence v. Texas.{{cite news|last=Lithwick|first=Dahlia|date=August 7, 2013|title=Ken Cuccinelli's Sodomy Obsession|work=Slate.com|url=http://www.slate.com/articles/news_and_politics/jurisprudence/2013/08/ken_cuccinelli_s_sodomy_obsession_the_frightening_legal_implications_of.html|access-date=May 5, 2016}} On June 25, 2013, Cuccinelli filed an appeal with the U.S. Supreme Court,{{cite press release |author=Kenneth T. Cuccinell, II |title=Attorney General Cuccinelli appeals to U.S. Supreme Court to uphold Virginia law used to prosecute child predators |date=June 25, 2013 |publisher=Attorney General of Virginia |url=http://www.ag.virginia.gov/Media%20and%20News%20Releases/News_Releases/Cuccinelli/062513_Child_Predators.html|url-status=dead|archive-url=https://web.archive.org/web/20130927192227/http://www.ag.virginia.gov/Media%20and%20News%20Releases/News_Releases/Cuccinelli/062513_Child_Predators.html|archive-date=September 27, 2013 |access-date=September 25, 2013}}{{cite news|last=Johnson|first=Luke|date=June 25, 2013|title=Ken Cuccinelli Appeals To Defend Virginia's Anti-Sodomy Law At Supreme Court|work=The Huffington Post|url=https://www.huffingtonpost.com/2013/06/25/ken-cuccinelli-sodomy-supreme-court_n_3498444.html|access-date=July 1, 2013}} but in October 2013 the Supreme Court denied Cuccinelli's appeal.{{cite news|date=October 7, 2013|title=Supreme court begins new term by throwing out Virginia sodomy law|newspaper=The Guardian|url=https://www.theguardian.com/law/2013/oct/07/supreme-court-new-term-virginia-sodomy|access-date=October 8, 2013}} On November 24, 2010, Cuccinelli issued a legal opinion that police, school administrators, and teachers could search students' cell phones on the basis of reasonable suspicions in order to deter cyberbullying and "sexting". The ACLU and the Rutherford Institute said that Cuccinelli's opinion was in error, lacking a legal foundation.{{cite news|date=November 25, 2010|title=Virginia Attorney General says teachers can take students' cell phones, read texts|publisher=Fox News Channel|url=https://www.foxnews.com/politics/virginia-attorney-general-says-teachers-can-take-students-cell-phones-read-texts/|access-date=November 26, 2010}}{{cite news|last=Mcneil|first=Brian|date=November 24, 2010|title=Cuccinelli opinion: Teachers can seize, search students' cell phones|newspaper=The Daily Progress|url=http://www.dailyprogress.com/news/cuccinelli-opinion-teachers-can-seize-search-students-cell-phones/article_3c8131da-187f-50b5-b2b9-3aca7e7881d5.html|access-date=November 26, 2010}}
Since 2007, his office negotiated settlements of almost $8 million representing refunds from eight auto-title lenders,{{cite news|title=States to Protect Borrowers Who Turn to Cars for Cash|date=July 19, 2010|page=A3|work=The Wall Street Journal |first=Sudeep|last=Reddy|url=https://online.wsj.com/news/articles/SB10001424052748704746804575367250783943906|access-date=December 18, 2013}} filed a lawsuit against CNC Financial Services, Inc. for charging interest rates of 300 percent or more,{{cite news |url=http://hamptonroads.com/2010/05/cuccinelli-sues-hampton-auto-title-lender|title=Cuccinelli sues Hampton auto title lender |date=May 19, 2010 |work=Virginian-Pilot |access-date=July 10, 2010}}{{cite web |url=http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/51810_Cash_N_A_Flash.html |title=Attorney General Cuccinelli sues Cash-N-A-Flash of Hampton for excessive interest charges |date=May 18, 2010 |access-date=July 10, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100525194010/http://www.oag.state.va.us/PRESS_RELEASES/Cuccinelli/51810_Cash_N_A_Flash.html |archive-date=May 25, 2010}} and filed two separate against two Virginia Beach-based mortgage modification companies for charging customers up to $1,200 in illegal advance fees.{{cite web |url=http://www.wavy.com/dpp/news/local_news/va-ag-sues-vb-based-mortgage-companies |title=Va AG sues VB-based mortgage companies | WAVY.com | Virginia Beach, Va |publisher=WAVY |date=July 20, 2010 |access-date=November 21, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110928020118/http://www.wavy.com/dpp/news/local_news/va-ag-sues-vb-based-mortgage-companies |archive-date=September 28, 2011}} He was involved in passing legislation targeting human trafficking.{{cite web|date=January 15, 2013|title=Attorney General, lawmakers focus on human trafficking |publisher=WTVR |url=http://wtvr.com/2013/01/15/human-trafficking/ |access-date=July 29, 2013}}
=2013 Virginia gubernatorial candidacy=
{{Main|2013 Virginia gubernatorial election}}
After his election as attorney general, it was speculated that Cuccinelli was a potential candidate for governor in the 2013 election{{cite news|url=http://voices.washingtonpost.com/thefix/health-care/the-future-of-ken-cuccinelli.html |archive-url=https://web.archive.org/web/20121015105540/http://voices.washingtonpost.com/thefix/health-care/the-future-of-ken-cuccinelli.html |url-status=dead |archive-date=October 15, 2012 |title=The future of Ken Cuccinelli |newspaper=The Washington Post |date=December 13, 2010 |access-date=November 21, 2011}} or for the United States Senate in 2014. Cuccinelli himself stated that he was considering running for the Senate.{{cite news|last=Kumar |first=Anita |url=https://www.washingtonpost.com/blogs/virginia-politics/post/cuccinelli-says-he-may-challenge-warner-for-us-senate-in-2014/2011/08/14/gIQAv0J1IJ_blog.html |title=Cuccinelli says he may challenge Warner for U.S. Senate in 2014 |newspaper=The Washington Post |date=August 16, 2011 |access-date=November 21, 2011}} Two days later, one of his aides said, "We haven't ruled out anything. He's not actively considering a run for any particular office at the moment. Ken is operating under the assumption that he will run for reelection [in 2013]. He hasn't ruled out any option besides running for president, which he has no desire to do."{{cite news |title=Cuccinelli denies plans for Senate run |url=https://www.washingtonexaminer.com/news/73190/cuccinelli-denies-plans-for-senate-run/ |access-date=September 20, 2024 |work=Washington Examiner |date=August 16, 2011}}
On November 30, 2011, The Washington Post reported that Cuccinelli would announce within days that he was running for governor in 2013; the next day, Cuccinelli confirmed that he would run.{{cite news|last=Kumar |first=Anita |url=https://www.washingtonpost.com/blogs/virginia-politics/post/ken-cuccinelli-announces-he-will-run-for-va-governor-in-2013/2011/12/01/gIQAH2kjHO_blog.html |title=Ken Cuccinelli announces he will run for Va. governor in 2013 |newspaper=The Washington Post |date=December 1, 2011 |access-date=July 29, 2013}} Cuccinelli said he would continue serving as attorney general during his run. He is the first attorney general since 1985 to remain in office while seeking the governorship rather than resign the position while seeking the office, a precedent that the last six attorneys general to run for governor have adhered to.{{cite news|date=April 4, 2013|title=Cuccinelli hires private attorneys to defend state in Star Scientific tax lawsuit over taxes|newspaper=The Washington Post|url=https://articles.washingtonpost.com/2013-04-04/local/38281113_1_attorney-general-ken-cuccinelli-star-scientific-inc-brian-gottstein|url-status=dead|access-date=April 12, 2013|archive-url=https://web.archive.org/web/20130415200854/http://articles.washingtonpost.com/2013-04-04/local/38281113_1_attorney-general-ken-cuccinelli-star-scientific-inc-brian-gottstein|archive-date=April 15, 2013}}
Cuccinelli lost to Terry McAuliffe on November 5, 2013, by 56,435 votes, or 2.5% of total ballots cast.{{cite web|title=Official Results – General Election – November 5, 2013 |publisher=Virginia State Board of Elections |url=http://electionresults.virginia.gov/resultsSW.aspx?eid=7&type=SWR&map=CTY|url-status=dead|archive-url=https://web.archive.org/web/20140225093154/http://electionresults.virginia.gov/resultsSW.aspx?eid=7&type=SWR&map=CTY|archive-date=February 25, 2014 |access-date=May 31, 2014}} The Libertarian Party candidate, Robert Sarvis, received 146,084 votes, or 6.5% of the vote total.
=Business and politics (2014–2017)=
In 2014, Cuccinelli was involved with the co-founding of an oyster farming company in Tangier, Virginia.{{cite news |url=https://www.washingtonpost.com/lifestyle/style/ken-cuccinellis-post-politics-endeavor-oyster-farming/2015/01/04/1dc34126-8a15-11e4-8ff4-fb93129c9c8b_story.html |title=Ken Cucinelli's post-politics endeavor |first=Jackson |last=Landers |newspaper=The Washington Post |date=January 4, 2015}}
In the 2016 presidential election, Cuccinelli served as an advisor to Ted Cruz's campaign, leading the campaign's effort to win delegates for Cruz at the 2016 Republican National Convention.{{cite web|url=http://www.cnn.com/2016/04/15/politics/ken-cuccinelli-ted-cruz-delegates/|title=Inside Cruz's hunt for delegates with Cuccinelli|author=Gloria Borger|website=CNN |date=April 15, 2016 }}
In early polls on the 2017 gubernatorial race, Cuccinelli was a frontrunner for the Republican nomination.{{cite web|url=http://www.publicpolicypolling.com/pdf/2015/PPP_Release_VA_71715.pdf|title=Cuccinelli, Herring Lead Governor Primaries in VA|publisher=Public Policy Polling|access-date=June 1, 2016}} However, in April 2016, Cuccinelli announced that he would not run for governor in 2017.{{cite news|url=https://www.washingtonpost.com/local/virginia-politics/cuccinelli-will-not-run-for-governor-in-2017/2016/04/30/3a89b3a2-0ef4-11e6-8ab8-9ad050f76d7d_story.html|title=Ken Cuccinelli will not run for Virginia governor in 2017, he says|newspaper=The Washington Post|last=Portnoy|first=Jenna|date=April 30, 2016|access-date=May 1, 2016}}
In May 2016, Cuccinelli was named general counsel of the FreedomWorks Foundation, where he helps state attorneys general who want to oppose a federal regulation.{{cite news|url=https://www.washingtonpost.com/local/virginia-politics/cuccinellis-new-gig-keeping-an-eye-on-washington-regulators/2016/05/31/ad3b4e2a-2753-11e6-b989-4e5479715b54_story.html|title=Cuccinelli's new gig: Keeping an eye on Washington regulators|newspaper=The Washington Post|last=Vozzella|first=Laura|date=May 31, 2016|access-date=May 31, 2016}}
In January 2017, Cuccinelli filed a legal brief on behalf of the Virginia Poverty Law Center, challenging a 2015 law which freezes base electricity rates charged by Dominion Power, one of the state's most powerful corporations, and Appalachian Power Company. The basis of the brief is that the law allows these semi-public electric utility companies to charge excess rates. Cuccinelli said "This is a legalized transfer [of money] from poorer Virginians to two utility companies. It is unfair and unjust and unconstitutional, and it's bad policy."{{Cite news|url=https://www.washingtonpost.com/local/virginia-politics/conservative-former-state-ag-files-brief-challenging-dominion-power-rates/2017/01/20/715d9c94-df24-11e6-ad42-f3375f271c9c_story.html|title=Cuccinelli files brief challenging Dominion Power rates|last=Schneider|first=Gregory S.|date=January 20, 2017|newspaper=The Washington Post|access-date=February 11, 2017}}
=''De facto'' Acting USCIS Director (2019–2021)=
Cuccinelli was appointed to serve as the Principal Deputy Director of the United States Citizenship and Immigration Services (USCIS) in June 2019, allowing him to become the Acting Director.{{cite news |last=Ainsley |first=Julia |publisher=NBC News |title=Trump taps conservative Ken Cuccinelli to head citizenship agency |date=June 10, 2019 |url=https://www.nbcnews.com/politics/immigration/trump-taps-conservative-ken-cuccinelli-head-citizenship-agency-n1015801 |access-date=June 10, 2019}}
As the administrator of USCIS, Cuccinelli was in charge of the systems for legal immigration and naturalization. He said that he regarded access to immigration as a privilege, not a right, and that "We are not a benefit agency, we are a vetting agency."{{cite news |last1=Radnofsky |first1=Louise |title=Ken Cuccinelli Takes Reins of Immigration Agency With Focus on Migrant Vetting |newspaper=The Wall Street Journal |date=July 6, 2019 |url=https://www.wsj.com/articles/ken-cuccinelli-takes-reins-of-immigration-agency-with-focus-on-migrant-vetting-11562410802å |access-date=July 7, 2019}}
==Appointment controversy==
{{Main|2019–2020 Department of Homeland Security appointment disputes}}
Cuccinelli was appointed Acting Director when leading Senators indicated he had little chance of Senate confirmation as permanent director.{{Cite news|url=https://politi.co/2HVEOZc|title=Republicans ready to quash Cuccinelli|last1=Everett|first1=Burgess|last2=Johnson|first2=Eliana|date=June 4, 2019|website=Politico |location=Arlington, Virginia|language=en|access-date=July 28, 2019}} He was first appointed to a newly created position of "Principal Deputy Director", which according to Department of Homeland Security officials allowed him to then be appointed as Acting Director under the Federal Vacancies Reform Act (FVRA).{{Cite news|url=https://politi.co/2Iviwg1|title=Cuccinelli starts as acting immigration official despite GOP opposition|last=Hesson|first=Ted|date=June 10, 2019|website=Politico|language=en|access-date=October 18, 2019}}
The appointment as Acting Director of USCIS may have circumvented the Federal Vacancies Reform Act, according to the Chairs of the House committees on Judiciary, Homeland Security, and Government Oversight. FVRA stipulates eligibility criteria for temporarily filling positions that require Senate confirmation. Before being considered for the position, Cuccinelli had met none of the eligibility criteria. In a letter to the Acting Secretary of Homeland Security, the House committee chairs allege that the brief appointment to "Principal Deputy Director" had been retroactively applied, possibly in violation of the law.{{cite letter |first1=Jerrold |last1=Nadler |first2=Elijah E. |last2=Cummings |first3=Bennie G. |last3=Thompson |recipient=Kevin K. McAleenan, Acting Secretary of Homeland Security |date=June 18, 2019 |publisher=U.S. House of Representatives committees on Judiciary, Oversight and Reform, and Homeland Security |subject=We write to express our deep concern over the June 10, 2019, appointment of Ken Cucinelli as Acting Director of U.S. Citizenship and Immigration Services (USCIS).}} The USCIS employees union also challenged the legality of Cuccinelli's appointment.{{Cite news |first=Tovin |last=Lapan |url=https://fortune.com/2019/06/21/uscis-director-ken-cucinelli-trump/ |title=Why Trump's USCIS Pick Might Be His Most Controversial Yet |date=June 21, 2019 |newspaper=Fortune |access-date=July 27, 2019}}
In September 2019, a lawsuit was filed challenging his asylum directives, partially on the basis that his appointment was invalid.{{Cite news|url=https://www.cnn.com/2019/09/06/politics/lawsuit-cuccinelli-asylum-directives-unlawful/index.html|title=Lawsuit challenges Ken Cuccinelli's legitimacy to direct immigration agency|last=Sands|first=Geneva|date=September 6, 2019|publisher=CNN|access-date=November 1, 2019}} On March 1, 2020, US District Court Judge Randolph D. Moss ruled that Cuccinelli was not lawfully appointed to serve as acting director and therefore lacked authority to issue two of the directives challenged in the lawsuit. Because the case was not filed as a class action, Moss was "unconvinced" that his relief should be extended to other asylum seekers not part of the original suit.{{Cite web|url=https://www.cnn.com/2020/03/01/politics/ken-cuccinelli-immigration-agency/index.html|title=Judge says Ken Cuccinelli unlawfully appointed to lead US immigration agency |last=Sands|first=Geneva |date=March 1, 2020 |publisher=CNN |access-date=March 1, 2020}}{{Cite news |date=March 1, 2020 |url=https://www.washingtonpost.com/national/ken-cuccinellis-appointment-to-top-immigration-job-was-unlawful-court-rules-invalidating-policy-memos-he-signed/2020/03/01/fdc7fda0-5bea-11ea-8baf-519cedb6ccd9_story.html|title=Ken Cuccinelli's appointment to top immigration job was unlawful, court rules, invalidating policy memos he signed|first=Nick |last=Miroff |newspaper=The Washington Post|language=en|access-date=March 3, 2020}} On August 12, 2020, the government dropped its appeal in the case.{{Cite web|last1=Walerius|first1=Randolph|last2=Misra|first2=Tanvi|date=August 14, 2020|title=GAO says Wolf, Cuccinelli appointments at DHS invalid |website=Roll Call |language=en |url=https://www.rollcall.com/2020/08/14/gao-says-wolf-cuccinelli-appointments-at-dhs-invalid/ |access-date=August 15, 2020}}
==Tenure in office==
In July 2019, Cuccinelli blamed an asylum seeker for the asylum seeker's own death and that of his daughter who were found dead on the banks of the Rio Grande River.{{Cite news |date=June 27, 2019 |first1=Caroline |last1=Kelly |first2=Catherine E. |last2=Shoichet |first3=Priscilla |last3=Alvarez |url=https://www.cnn.com/2019/06/27/politics/ken-cuccinelli-drowned-father-daughter-fault/index.html |title=Ken Cuccinelli blames drowned man in border photograph for own, daughter's deaths|publisher=CNN |access-date=July 2, 2019}} He said, "The reason we have tragedies like that on the border is because those folks, that father didn't want to wait to go through the asylum process in the legal fashion, so decided to cross the river". He said in an interview that the administration is prepared to deport approximately 1 million undocumented immigrants who have final removal orders already in place.{{cite news |last1=Montoya-Galvez |first1=Camilo |title=Top immigration official says ICE is ready to deport 1 million undocumented immigrants |url=https://www.cbsnews.com/news/ken-cuccinelli-on-face-the-nation-ice-is-ready-to-deport-1-million-undocumented-immigrants/ |publisher=CBS News |date=July 7, 2019|access-date=July 7, 2019}}
On August 12, 2019, Cuccinelli announced a revised regulation, to go into effect October 15, 2019, expanding the public charge requirements for legal immigration. Green cards and visas can be denied if people are likely to need federal, state and local government benefits including food stamps, housing vouchers and Medicaid. When asked whether this change contradicted the poem welcoming the impoverished and persecuted engraved at the base of the Statue of Liberty, Cuccinelli offered a revision, "Give me your tired and your poor who can stand on their own two feet and who will not become a public charge." The original poem, Emma Lazarus's "The New Colossus", states "Give me your tired, your poor, your huddled masses yearning to breathe free, The wretched refuse of your teeming shore." Cuccinelli asserted the new requirements were consistent with the public charge laws, which first passed in 1882: the same era as the poem. He further asserted that the poem referred to European immigrants, though these assertions were disputed by Lazarus's biographer.{{cite news |first=Sasha |last=Ingber |title=Immigration Chief: 'Give Me Your Tired, Your Poor Who Can Stand On Their Own 2 Feet' |date=August 13, 2019 |publisher=NPR |url=https://www.npr.org/2019/08/13/750726795/immigration-chief-give-me-your-tired-your-poor-who-can-stand-on-their-own-2-feet |access-date=August 13, 2019}}{{cite news |title='Who can stand on their own two feet': Ken Cuccinelli edits famous Statue of Liberty poem |first=Colby |last=Itkowitz |date=August 13, 2019 |access-date=August 13, 2019 |newspaper=The Washington Post |url=https://www.washingtonpost.com/politics/who-can-stand-on-their-own-two-feet-ken-cuccinelli-edits-famous-statue-of-liberty-poem/2019/08/13/4cdddf62-bdcc-11e9-a5c6-1e74f7ec4a93_story.html}}{{cite news |title=Trump official: Statue of Liberty poem should mean 'poor who can stand on own two feet' |first=Edward |last=Helmore |date=August 13, 2019 |newspaper=The Guardian |url=https://www.theguardian.com/us-news/2019/aug/13/statue-of-liberty-poem-trump-official-immigration |access-date=August 13, 2019}}{{Cite news |date=August 13, 2019 |url=https://www.usatoday.com/story/news/politics/2019/08/13/ken-cuccinelli-statue-liberty-poem-refers-migrants-europe/2004455001/|title=Immigration official Ken Cuccinelli: Statue of Liberty poem refers to immigrants from Europe|last=Morin|first=Rebecca|newspaper=USA Today|language=en|access-date=August 15, 2019}}
In October 2019, Ken Cuccinelli testified to a Congressional investigation that he alone had made the decision to end the medical deferred action program, a decision which he reversed after public outcry, and complaints from some patients in the U.S. for medical care that they would die if deported to their home countries.{{Cite news |last=Dooling |first=Shannon |date=October 30, 2019 |url=https://www.wbur.org/news/2019/10/30/uscis-ice-cuccinelli-medical-deferred-action-immigration |title='I Made This Decision, Alone'; Months Later, Clarity Around The End Of Medical Deferred Action |publisher=WBUR |language=en|access-date=November 5, 2019}}
On March 1, 2020, the United States District Court for the District of Columbia ruled that Cuccinelli's appointment as USCIS director was illegal because the newly created principal deputy director role did not count as a "first assistant" under the Federal Vacancies Reform Act of 1998 because he had never served in a subordinate role to any other USCIS official. This decision caused the suspension of all directives issued by him.{{Cite web|url=https://www.politico.com/news/2020/03/01/federal-judge-cuccinelli-appointment-unlawful-118477|title=Federal judge rules Cuccinelli appointment unlawful|last=Rainey|first=Rebecca|date=March 1, 2020|website=Politico|language=en|access-date=March 2, 2020}}
=''De facto'' Acting Deputy Secretary of Homeland Security=
==Appointment controversy==
{{Main|2019–2020 Department of Homeland Security appointment disputes}}
On November 13, 2019, newly sworn-in Acting Secretary of Homeland Security Chad Wolf named Cuccinelli to be the acting Deputy Secretary of Homeland Security.{{cite news |last=Shaw |first=Adam |date=November 13, 2019 |title=Chad Wolf sworn in as DHS chief, names Ken Cuccinelli as deputy |publisher=Fox News |url=https://www.foxnews.com/politics/chad-wolf-ken-cuccinelli-homeland-security-secretary-deputy |access-date=November 14, 2019 |quote=Chad Wolf was sworn in Wednesday as the new acting Homeland Security secretary, and announced that acting U.S. Citizenship and Immigration Services Director Ken Cuccinelli will serve as his deputy}}{{cite news|last=Miroff|first=Nick|date=November 13, 2019|title=Chad Wolf sworn in as acting Department of Homeland Security chief, Ken Cuccinelli to be acting deputy |newspaper=The Washington Post |url=https://www.washingtonpost.com/immigration/chad-wolf-sworn-in-as-acting-department-of-homeland-security-chief-fifth-under-trump/2019/11/13/6633a614-0637-11ea-8292-c46ee8cb3dce_story.html |access-date=November 14, 2019 |quote=Wolf will be joined at DHS headquarters by Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, who will move into the acting deputy secretary role, according to two administration officials familiar with the plans.}}{{cite web|last=Montoya-Galvez|first=Camilo|date=November 13, 2019|title=Immigration hawk Ken Cuccinelli tapped as No. 2 at Homeland Security |publisher=CBS News |url=https://www.cbsnews.com/news/ken-cuccinelli-immigration-hawk-ken-cuccinelli-tapped-as-department-of-homeland-security-no-2/ |access-date=November 14, 2019 |quote=Ken Cuccinelli, an immigration hawk and vocal defender of President Trump's crackdown on illegal and legal immigration, was installed on Wednesday as the second-highest ranking official at the Department of Homeland Security.}} Cuccinelli continued to serve concurrently in the acting USCIS director role.
The legality of this appointment was unclear; House Committee on Homeland Security Chair Bennie Thompson called the appointment "legally questionable", while University of Texas School of Law Professor Stephen Vladeck said that "because Congress has not, by law, specified which position is 'first assistant' to the Deputy Secretary, this move is technically legal," despite "messing up the entire DHS line of succession in order to pull this off."{{Cite news|url=https://www.rollcall.com/news/congress/ken-cuccinelli-now-dhs-no-2-acting-deputy-secretary|title=Suddenly, Ken Cuccinelli is No. 2 at DHS|last=Misra|first=Tanvi|date=November 14, 2019|work=Roll Call|language=en|access-date=November 15, 2019|archive-date=November 14, 2019|archive-url=https://web.archive.org/web/20191114234858/https://www.rollcall.com/news/congress/ken-cuccinelli-now-dhs-no-2-acting-deputy-secretary|url-status=dead}}
On November 15, House Democrats requested that the Comptroller General of the United States review the legality of this appointment and Chad Wolf's as Acting Secretary on the basis that former Acting Secretary Kevin McAleenan did not have authority to change the department's line of succession.{{Cite web|url=https://www.govexec.com/management/2019/11/top-democrats-call-emergency-review-dhs-appointments/161339/|title=Top Democrats Call for Emergency Review of DHS Appointments|last=Bublé|first=Courtney|date=November 15, 2019|website=Government Executive|language=en|access-date=November 15, 2019}} On August 14, 2020, the Government Accountability Office issued a decision confirming that his appointment as Acting Deputy Secretary illegal on this basis.{{Cite web|date=August 14, 2020|title=Legality of Service of Acting Secretary of Homeland Security and Service of Senior Official Performing the Duties of Deputy Secretary of Homeland Security |publisher=U.S. Government Accountability Office |url=https://www.gao.gov/products/B-331650|access-date=August 14, 2020}}{{cite news|last1=Cheney|first1=Kyle|date=August 14, 2020|title=GAO finds Chad Wolf, Ken Cuccinelli are ineligible to serve in their top DHS roles|work=Politico|url=https://www.politico.com/news/2020/08/14/gao-chad-wolf-ken-cuccinelli-ineligible-dhs-395222|access-date=August 14, 2020}}
==Tenure==
Cuccinelli was appointed as a member of the White House Coronavirus Task Force on January 29, 2020.
File:Kamala Harris questions Ken Cuccinelli II - 2020-03-08.ogg questions Cuccinelli during his testimony about the federal response to COVID-19 pandemic in March 2020]]
File:Deputy Secretary of Homeland Security Ken Cuccinelli Tours the U.S. Capitol (50810026453).jpg following the January 6, 2021, storming in his capacity as acting Deputy Secretary]]
In July 2020, amid the coronavirus pandemic, the Department of Homeland Security announced that international students in the United States would be deported unless they took in-person classes at universities in the United States. At the time, many universities were considering online-only models or hybrid in-person/online classes in order to safeguard the health of students and staff, as well as to halt the spread of the coronavirus. Cuccinelli defended the policy, saying "there isn't a reason" for international students to remain in the United States unless classes are in-person. He also said that the intent behind the announcement was to encourage universities to have in-person classes during the pandemic.{{Cite web|last=Bowden|first=John|date=July 7, 2020|title=Cuccinelli says rule forcing international students to return home will 'encourage schools to reopen' |website=The Hill|language=en |url=https://thehill.com/homenews/administration/506248-cuccinelli-says-rule-forcing-international-students-to-return-home |access-date=July 7, 2020}} The United States issued nearly 400,000 F1- and M-visas (student visas) in 2019.{{Cite news|date=July 7, 2020|title=Foreign students in U.S. could face deportation if their coursework is entirely online|publisher=CBC News |agency=Reuters)|url=https://www.cbc.ca/news/world/us-ice-foreign-students-online-courses-1.5640128|access-date=November 7, 2020}} On July 8, 2020, Harvard filed pleadings together with MIT in the US District Court in Boston seeking a temporary restraining order prohibiting enforcement of the order.{{cite web |title=Supporting International Students |url=https://www.harvard.edu/president/news/2020/supporting-international-students |date=July 8, 2020 |publisher=Harvard University |access-date=November 7, 2020}}
That same month, Cuccinelli defended the deployment of federal agents dressed in camouflage and tactical gear to Portland, Oregon, where they picked up protestors and took them into unmarked vehicles.{{Cite web|last=Levinson|first=Jonathan|date=July 18, 2020|title=Federal Officers Use Unmarked Vehicles To Grab People In Portland, DHS Confirms |publisher=Houston Public Media |language=en-US |url=http://www.houstonpublicmedia.org/npr/2020/07/18/892277592/federal-officers-use-unmarked-vehicles-to-grab-people-in-portland-dhs-confirms/ |access-date=July 18, 2020}}{{Cite web|date=July 17, 2020|title=Oregon officials decry arrests by federal agents in Portland |website=PBS NewsHour |language=en-us |url=https://www.pbs.org/newshour/nation/oregon-officials-decry-arrests-by-federal-agents-in-portland |access-date=July 18, 2020}}
Under his tenure, Cuccinelli reduced oversight of the DHS's intelligence arm, making it unnecessary for it to get approval from the DHS's civil liberties office in producing intelligence products. Since the change, the DHS's intelligence arm began compiling intelligence reports on journalists who covered the deployment of DHS agents to Portland, Oregon.{{Cite web|last=Swan|first=Betsy Woodruff |title=Cuccinelli relaxed oversight of DHS intel office |website=Politico |date=August 2, 2020 |language=en |url=https://www.politico.com/news/2020/08/02/cuccinelli-oversight-homeland-security-intel-390185 |access-date=August 2, 2020}} The intelligence arm also documented communications between protestors on the app Telegram.
According to a whistleblower complaint released in September 2020, Cuccinelli ordered the intelligence branch at DHS to modify its intelligence assessments to downplay the threat posed by white supremacy groups and to instead focus on "left-wing" groups, such as the antifa movement.{{Cite news|last1=Kanno-Youngs|first1=Zolan|last2=Fandos|first2=Nicholas|date=September 9, 2020|title=D.H.S. Downplayed Threats From Russia and White Supremacists, Whistle-Blower Says|language=en-US|work=The New York Times|url=https://www.nytimes.com/2020/09/09/us/politics/homeland-security-russia-trump.html |access-date=September 9, 2020 }}
Another whistleblower complaint, filed February 1, 2021, asserted that on January 19, 2021, the day before Biden's inauguration, Cuccinelli signed an agreement with the union representing ICE agents which essentially gives the agents the power to determine policy, by requiring prior written consent from the union before any change to policies and functions that affect them can take effect. The complaint said that Cuccinelli's action was an abuse of power intended to "tie Biden's hands" with regard to immigration policy.{{cite news|url=https://www.nytimes.com/2021/02/01/us/politics/cuccinelli-biden-ice.html|title=Trump Official's Last-Day Deal With ICE Union Ties Biden's Hands|last1=Kanno-Youngs|first1=Zolan|last2=Savage|first2=Charlie|date=February 1, 2021|work=The New York Times|access-date=February 2, 2021}}
=The Heritage Foundation=
In February 2021, Cuccinelli was named a visiting fellow at The Heritage Foundation, where he authored five commentary essays for the foundation in 2021 before leaving the foundation at some unannounced date.{{unfit|1=[https://web.archive.org/web/20210315212018/https://www.heritage.org/staff/ken-cuccinelli "Ken Cuccinelli"]}} at The Heritage Foundation
In 2023, Cuccinelli authored the chapter on the Department of Homeland Security in the Heritage Foundation's Project 2025 book, Mandate for Leadership: The Conservative Promise.{{Cite book |url=https://static.project2025.org/2025_MandateForLeadership_FULL.pdf |title=Mandate for Leadership: The Conservative Promise |publisher=The Heritage Foundation |year=2023 |isbn=978-0-89195-174-2 |editor-last=Dans |editor-first=Paul |pages=133–169 |chapter=Department of Homeland Security |access-date=July 22, 2024 |editor-last2=Groves |editor-first2=Steven |archive-url=https://web.archive.org/web/20240409001727/https://static.project2025.org/2025_MandateForLeadership_FULL.pdf |archive-date=April 9, 2024 |url-status=live}}
Political positions
File:Ken Cuccinelli & David Keene by Gage Skidmore.jpg for his work as Virginia Attorney General in February 2012]]
=Abortion=
Cuccinelli opposes a right to terminate a pregnancy.{{cite web|url=http://www.cuccinelli.com/issues/life |access-date=December 6, 2012 |url-status=usurped|title=Life |publisher=Ken Cuccinelli for Governor |archive-url=https://web.archive.org/web/20121122182735/http://www.cuccinelli.com/issues/life |archive-date=November 22, 2012}}{{cite news|first=Trevor|last=Baratko|url=http://www.loudountimes.com/news/article/cuccinelli_says_government_shouldnt_legislate_birth_control432|title=Cuccinelli remarks on contraception, Obamacare at Ashburn forum|newspaper=Loudoun Times-Mirror|date=August 27, 2013}} In November 2008 he was named the Family Foundation of Virginia "Legislator of the Year".{{cite web |title=Cuccinelli named Family Foundation Legislator of the Year |date=November 22, 2008 |url=http://cuccinelli4ag.wordpress.com/2008/11/22/ken-cuccinelli-named-legislator-of-the-year/ |access-date=August 27, 2009}} Cuccinelli sponsored a number of bills to discourage abortions, including requiring doctors to anesthetize fetuses undergoing late term abortions,{{cite web |title=SB 371, Abortion; procedure if performed after first trimester |url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=041&typ=bil&val=sb371 |date=January 4, 2004}} altering the licensing and regulation of abortion clinics,{{cite web |title=SB 839: Abortion clinics; regulation and licensure |url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=sb839 |date=January 10, 2005}} and requiring that a doctor save the fetal tissue when performing an abortion on a woman under age 15, for forensic use.{{cite web |title=SB 315. Abortion; preservation of fetal tissue when performed on child under age 15|url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=061&typ=bil&val=sb315 |date=January 10, 2006}} As a state senator, he advanced legislation to make abortion clinics subject to the same health and safety standards as outpatient surgical hospitals. He supported two "personhood" bills that sought to provide human embryos with legal rights.
=Birtherism=
In 2010, Cuccinelli made statements that appeared to question whether President Barack Obama was born in the United States. He later backed away from the statements.{{Cite web|url=https://www.latimes.com/politics/la-na-pol-trump-cuccinelli-immigration-czar-20190522-story.html|title=Trump expected to pick hard-liner Ken Cuccinelli for new post of 'immigration czar'|last=Stokols|first=Eli|newspaper=Los Angeles Times|date=May 22, 2019|access-date=May 23, 2019}}{{Cite web|url=https://www.huffpost.com/entry/ken-cuccinelli-virginia-at_n_499311|title=Ken Cuccinelli, Virginia Attorney General, Clarifies Obama Birther Statements|date=May 15, 2010|website=The Huffington Post |language=en|access-date=May 23, 2019}}
=Guns=
Cuccinelli is a longtime advocate for gun rights.[https://web.archive.org/web/20131001080803/http://articles.washingtonpost.com/2013-09-27/local/42445145_1_universal-background-checks-gun-purchases-gun-laws NRA wading into Va. governor's race with $500K ad campaign against McAuliffe] The Washington Post sponsored legislation to repeal the prohibition on carrying a concealed handgun in a restaurant or club,{{cite web |title=SB 579 Concealed weapons; abolishes prohib. on carrying in a rest. or club, excep. when alcohol consumed |url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=041&typ=bil&val=sb579 |date=January 15, 2005}} for Virginia to recognize concealed handgun permits from other states,{{cite web |title=SB 771 Concealed handgun permits |url=http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB771 |date=January 8, 2003}} and to shield concealed handgun permit application data from Freedom of Information Act requests.{{cite web |title=SB 332 Concealed handgun permits; access to personal information of permittees |url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb332 |date=January 8, 2008}} Under Cuccinelli's proposal a person could only be disqualified for such a permit by a court ruling based on the applicant's past actions.{{cite web |title=SB 1266 concealed weapons permit; disqualifies person using negligently or unlawfully to endanger others |date=January 18, 2005 |url=http://leg1.state.va.us/cgi-bin/legp504.exe?051+sum+SB1266 |access-date=August 27, 2009}} In the 2009 legislative session, a bill Cuccinelli introduced was passed that, for the purposes of granting a Virginia concealed handgun permit, required the state to accept as proof of "handgun competence" any certificate from an online handgun safety course featuring an NRA Certified instructor.{{cite web |title=SB 1528 concealed handgun permits; completion of firearms training, etc., may be done electronically|url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=SB1528}}
Cuccinelli believes that mental illness is the root cause of mass shootings, and that they can be better prevented with more access to mental health care. He has pushed for restricting mentally ill persons from obtaining guns.{{cite news|last=Galusuzka|first=Peter|date=January 8, 2013|title=Can Anyone Stop Ken Cuccinelli?|newspaper=Style Weekly |location=Richmond, Virginia|url=http://www.styleweekly.com/richmond/cooch-ageddon/Content?oid=1807696}}
=Immigration=
Cuccinelli has been described as an immigration hard-liner. He has supported President Trump's anti-immigration policies.{{Cite web|url=https://www.cnn.com/2019/08/17/politics/kfile-ken-cuccinelli-immigration-invasion-rhetoric/index.html|title=Trump official has talked about undocumented immigrants as 'invaders' since at least 2007|last=Kaczynski|first=Andrew|date=August 17, 2019|publisher=CNN|access-date=August 17, 2019}} While in Virginia politics, Cuccinelli pushed legislation to force employees to speak English in the workplace. He has sought to repeal birthright citizenship. He sought to ban undocumented immigrants from attending Virginia colleges.{{Cite news|url=https://www.washingtonpost.com/politics/cuccinelli-a-righteous-faith-driven-warrior-who-delights-in-provocation-will-join-trump-administration/2019/05/21/ffb2f1d4-7bde-11e9-a5b3-34f3edf1351e_story.html|title=Cuccinelli, a righteous, faith-driven warrior who delights in provocation, will join Trump administration|last=Fisher|first=Marc|date=May 21, 2019|newspaper=The Washington Post}}
=Donald Trump=
During the 2016 Republican National Convention, Cuccinelli led an effort to prevent Donald Trump from receiving the Republican presidential nomination. He was a staunch Ted Cruz supporter during the 2016 Republican Party presidential primaries.
After the 2020 presidential election, according to emails obtained by American Oversight through a FOIA request, Cuccinelli exchanged emails with Ginni Thomas regarding election fraud conspiracies.{{Cite web |date=December 9, 2022 |title=DHS Communications Regarding Ginni Thomas |url=https://www.americanoversight.org/document/dhs-communications-regarding-ginni-thomas |archive-url=https://web.archive.org/web/20230604093450/https://www.americanoversight.org/document/dhs-communications-regarding-ginni-thomas |archive-date=June 4, 2023 |url-status=live |website=American Oversight}}
=Ron DeSantis=
In March 2023, Cuccinelli launched Never Back Down, a super PAC encouraging Ron DeSantis to enter the 2024 Republican primary.{{Cite web |last=Holmes |first=Kristen |date=March 9, 2023 |title=Ex-Trump official Cuccinelli launches PAC urging DeSantis to enter 2024 race {{!}} CNN Politics |url=https://www.cnn.com/2023/03/09/politics/ken-cuccinelli-ron-desantis-super-pac/index.html |access-date=March 14, 2023 |website=CNN |language=en}}
=Taxes=
In 2006, Cuccinelli sent out a fundraising letter that criticized the Virginia Senate's Republican majority for passing a gasoline tax increase. The letter elicited rebuke from fellow Republican Tommy Norment.{{Cite news|last=Lessig |first=Hugh |title=Writings frame bigger General Assembly rift: Two fellow Republicans cause Sen. Norment, R-James City, to say chamber civility is eroding |newspaper=Daily Press |date=May 20, 2006 |url=http://www.accessmylibrary.com/article-1G1-144707161/writings-frame-bigger-general.html |access-date=August 27, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20121020211946/http://www.accessmylibrary.com/article-1G1-144707161/writings-frame-bigger-general.html |archive-date=October 20, 2012}}
In his 2013 campaign, Cuccinelli proposed cutting the top individual income rate from 5.75 percent to 5 percent and the corporate income tax rate from 6 percent to 4 percent for a total reduction in tax revenue of about $1.4 billion a year. He has stated that he would offset that lost revenue by slowing the growth of the state's general fund spending and by eliminating unspecified tax exemptions and loopholes.{{cite web|url=http://www.factcheck.org/2013/09/twisting-cuccinellis-tax-plan/|title=Twisting Cuccinelli's Tax Plan - FactCheck.org|date=September 13, 2013}}{{cite web|title=Ken Cuccinelli, fighting taxes & supporting businesses |url=http://www.cuccinelli.com/issues_%20taxes.htm |access-date=August 27, 2009 |url-status=usurped |archive-url=https://web.archive.org/web/20090807194345/http://www.cuccinelli.com/issues_%20taxes.htm |archive-date=August 7, 2009}}
=Eminent domain=
In the 2005, 2006 and 2007 legislative sessions, Cuccinelli worked to pass eminent domain (compulsory purchase) laws that prevented local and state governments from taking private homes and businesses for developers' projects.{{cite web |title=SB 1271 Local condemnation authority; definition of public uses. |url=http://leg1.state.va.us/cgi-bin/legp504.exe?ses=051&typ=bil&val=SB1271|access-date=April 2, 2010}} In April 2010, Cuccinelli told the Roanoke Chamber of Commerce that he wanted to improve the protection of property rights in Virginia's Constitution. "There is no consistency on the application of eminent domain throughout Virginia," he said.{{cite news|url=http://www.roanokefreepress.com/cuccinelli-keeps-his-promise-to-challenge-an-overreaching-government-videos/|title=Cuccinelli keeps his promise to challenge an overreaching government – videos|work=Roanoke Free Press|date=April 6, 2010|access-date=December 18, 2013|archive-url=https://web.archive.org/web/20131219035941/http://www.roanokefreepress.com/cuccinelli-keeps-his-promise-to-challenge-an-overreaching-government-videos/|archive-date=December 19, 2013|url-status=dead}} In 2012, Cuccinelli championed a constitutional amendment to prohibit eminent domain from being used to take private land for private gain, thus restricting it to being used only for public gain. The amendment was placed on the ballot for a voter referendum in the 2012 general election, and was passed 74%–26%.{{cite web|url=http://reason.com/24-7/2012/11/06/virginia-approves-eminent-domain-amendme |title=Virginia Approves Eminent Domain Amendment |work=Reason |date=November 6, 2012 |access-date=September 25, 2013}}
=Law enforcement=
In 2005, Cuccinelli was the chief patron of SB873,{{cite web|title=Commonwealth of Virginia Legislative Information System|url=http://leg1.state.va.us/cgi-bin/legp504.exe?051+mbr+SB873|access-date=December 4, 2012}} legislation that entitled law enforcement officers to overtime pay from local governments for hours worked while on vacation or other leave.{{cite news|first=Stephanie|last=Heinatz|title=Bill grants officers overtime pay for hours worked while on vacation|newspaper=Virginian-Pilot|date=February 23, 2005|page=B5}}
=Abstinence-only sex education=
Cuccinelli has been a strong advocate of the abstinence-only sex education programs with state funding. In November 2007, he said, "The longer you delay the commencement of sexual activity, you have healthier and happier kids and more successful kids."{{cite web |first=Tim|last=Craig|url=https://www.pressreader.com/usa/the-washington-post/20071113/282089157418640 |title=Kaine Cuts Abstinence-Only Program Funds|newspaper=The Washington Post |date=November 13, 2007|via=pressreader.com}}
Electoral history
{{Election box begin no change|title=Virginia Senate Special Election, August 6, 2002}}
{{Election box candidate with party link no change
|party = Virginia Republican Party
|candidate = Ken Cuccinelli
|votes = 10,041
|percentage = 55.01
}}
{{Election box candidate with party link no change
|party = Virginia Democratic Party
|candidate = Cathy Belter
|votes = 8,193
|percentage = 44.89
}}
{{Election box candidate with party link no change
|party = Independent (politician)
|candidate = Write-in candidates
|votes = 18
|percentage = 0.10
}}
{{Election box total no change
|votes = 18,252
|percentage = 100
}}
{{Election box end}}
{{Election box begin no change|title=Virginia Senate General Election, November 4, 2003}}
{{Election box candidate with party link no change
|party = Virginia Republican Party
|candidate = Ken Cuccinelli
|votes = 16,762
|percentage = 53.31
}}
{{Election box candidate with party link no change
|party = Virginia Democratic Party
|candidate = Jim Mitchell
|votes = 14,658
|percentage = 46.62
}}
{{Election box candidate with party link no change
|party = Independent (politician)
|candidate = Write-in candidates
|votes = 23
|percentage = 0.07
}}
{{Election box total no change
|votes = 31,443
|percentage = 100
}}
{{Election box end}}
{{Election box begin no change|title=Virginia Senate General Election, November 6, 2007}}
{{Election box candidate with party link no change
|party = Virginia Republican Party
|candidate = Ken Cuccinelli
|votes = 18,602
|percentage = 50.02
}}
{{Election box candidate with party link no change
|party = Virginia Democratic Party
|candidate = Janet Oleszek
|votes = 18,510
|percentage = 49.77
}}
{{Election box candidate with party link no change
|party = Independent (politician)
|candidate = Write-in candidates
|votes = 73
|percentage = 0.19
}}
{{Election box total no change
|votes = 37,185
|percentage = 100
}}
{{Election box end}}
{{Election box begin no change | title=Virginia Attorney General Election, November 3, 2009}}
{{Election box candidate with party link no change
|party = Virginia Republican Party
|candidate = Ken Cuccinelli
|votes = 1,124,137
|percentage = 57.51
}}
{{Election box candidate with party link no change
|party = Virginia Democratic Party
|candidate = Steve Shannon
|votes = 828,687
|percentage = 42.39
}}
{{Election box candidate with party link no change
|party = Independent (politician)
|candidate = Write-in candidates
|votes = 1,772
|percentage = 0.09
}}
{{Election box total no change
|votes = 1,954,596
|percentage = 100
}}
{{Election box end}}
{{Election box begin no change|title=Virginia gubernatorial election, 2013{{cite web|url=http://electionresults.virginia.gov/resultsSW.aspx?eid=7&type=SWR&map=CTY |title=Unofficial Results – General Election – November 5, 2013 |publisher=Virginia State Board of Elections |access-date=November 7, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20140225093154/http://electionresults.virginia.gov/resultsSW.aspx?eid=7&type=SWR&map=CTY |archive-date=February 25, 2014 }}}}
{{Election box candidate with party link no change|
|party = Democratic Party (United States)
|candidate = Terry McAuliffe
|votes = 1,069,859
|percentage = 47.75%
}}
{{Election box candidate with party link no change|
|party = Republican Party (United States)
|candidate = Ken Cuccinelli
|votes = 1,013,355
|percentage = 45.23%
}}
{{Election box candidate with party link no change|
|party = Libertarian Party (United States)
|candidate = Robert Sarvis
|votes = 146,084
|percentage = 6.52%
}}
{{Election box candidate no change|
|party = Write-ins
|candidate =
|votes = 11,091
|percentage = 0.50%
}}
{{Election box plurality no change|
|votes = 56,504
|percentage = 2.52%
}}
{{Election box end}}
Personal life
Cuccinelli, a Catholic,{{cite web |last1=Winters |first1=Michael Sean |title=Crazy Cuccinelli |url=https://www.ncronline.org/blogs/distinctly-catholic/crazy-cuccinelli |website=National Catholic Reporter |language=en |date=December 14, 2012}} is married to Alice Monteiro Davis. They met at Gonzaga College High School and were each other's prom dates. They lost touch when Cuccinelli was attending the University of Virginia and Davis was attending James Madison University. Cuccinelli phoned her during their senior year in college, they reconnected, and married in October 1991. They have seven children.
They live in Nokesville in Prince William County, Virginia.{{cite web|url=http://www.wsls.com/story/20825029/ken-cuccinelli-moves-to-prince-william-co|title=Ken Cuccinelli moves to Prince William Co.|publisher=WSLS |date=May 20, 2012|access-date=September 25, 2013|url-status=dead|archive-url=https://web.archive.org/web/20131019051943/http://www.wsls.com/story/20825029/ken-cuccinelli-moves-to-prince-william-co|archive-date=October 19, 2013}}{{cite web|url=http://www.washingtonian.com/articles/people/who-is-ken-cuccinelli/ |title=Who is Ken Cuccinelli? |magazine=Washingtonian |date=May 3, 2011 |access-date=September 25, 2013}}
See also
References
{{Reflist}}
External links
{{Commons category}}
{{Wikiquote}}
- [https://web.archive.org/web/20100121041857/http://www.oag.state.va.us/Cuccinelli/AG_Bio.html Attorney General Cuccinelli] official government site
- {{usurped|1=[https://web.archive.org/web/20070607203708/http://www.cuccinelli.com/ Ken Cuccinelli for Governor]}}
- [http://www.vpap.org/candidates/profile/home/45489 Ken Cuccinelli] at the Virginia Public Access Project
- [http://www.richmondsunlight.com/legislator/ktcuccinelli/ Senator Ken Cuccinelli (R-Fairfax)] at Richmond Sunlight
- {{C-SPAN|9266963}}
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