Attorney General Jerry Brown sent a letter to lawmakers today saying he won't look into the legality of Gov. Arnold Schwarzenegger's threat to veto legislation unless a water deal is reached.
In the letter, addressed to two lawmakers who had requested separate opinions on the legality of mass veto threats, Brown states that the state constitution protects the governor's right to decide whether to veto legislation as "an intrinsic part of the legislative process."
"We believe that the doctrine of separation-of-powers counsels against our inquiring into the legality of Governor Schwarzenegger's veto threats," Brown wrote.
The letter goes on to quote former German President Otto von Bismark's famed quip on the political process -- "There are two things you don't want to see being made -- sausage and legislation" -- and a line describing the withholding of bills as "a game of legislative 'chicken," before delivering a closing message to lawmakers ruffled by the governor's tactics:
"Compromise in the rough-and-tumble legislative process is not achieved by doilies and tea."
Democratic Assemblyman Alberto Torrico, a candidate for AG himself, had asked Brown to review the legality of Schwarzenegger's threat earlier this week, arguing that the threat is a quid pro quo that could constitute bribery or extortion under the law.
"We can all agree that political extortion is not an acceptable practice in this state. But the Governor's renewed threats are coming perilously close to extortion under the criminal codes and the California Constitution," Torrico said in a statement sent out yesterday. "The voters elect us to make and enact laws. But the Governor needs to remember he is not above the law."
After receiving Brown's response, Torrico announced plans to unveil a bill that he said will define using threats to veto legislation as a bargaining chip on other issues as extortion.
Torrico said while he respects the governor's authority to veto legislation, his measure would "end the ambiguity... (over whether) holding the veto threat over our heads, in exchange for the water bill" is illegal.
"Negotiations through extortion, through ransom notes, through threats either by the governor or the legislators under my bill will be clearly unlawful and prohibited," he said.
Brown's response was also addressed to Republican Sen. Jeff Denham, who requested that Brown weigh in on the matter 5 months ago, after the Legislative Counsel said the governor acted within his means by threatening a mass veto of bills.
Denham said Friday afternoon that he wasn't satisfied with Brown's response.
"No one can duck responsibility like Jerry Brown can," he said. "Asked to render a legal opinion, Jerry instead rambles, quotes Otto von Bismark and speaks of doilies and tea. And now Jerry wants to be Governor again? Heaven help us if he makes it back."
It's probably worth noting that Brown's no stranger to using the power of the governor's office to leverage political goals, including passing the original "peripheral canal" plan. And seeing as he is widely expected to run for governor again in 2010, it's unlikely that he'd be itching to peel back the power of the veto pen.
Read the entire letter here.
Updated at 3:48 p.m. with statements from Denham and Torrico.
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