Saturday, February 23, 2019

The DC AG who's taking on Trump

A few hours before President Donald Trump went into the Rose Garden last Friday to announce his intent to declare a national emergency so he could build his long-promised border wall, Karl Racine sent a shot across the bow: If Trump was serious about this, he was in for a fight.

“We will not hesitate to use our legal authority to defend the rule of law,” the 56-year-old attorney general of Washington, D.C., said in a terse statement.

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[W]hile the public has been mesmerized by Trump’s legal troubles, Racine has been quietly building out Democrats’ ability to check his administration at the state level. Without much notice, he’s quietly emerged as perhaps the single most important player in restoring Democratic clout in America’s legal system.


As D.C. attorney general, Racine is leading the ongoing emoluments suit against the president over foreign governments’ allegedly corrupt patronage of the Trump International Hotel in downtown Washington, along with Maryland AG Brian Frosh. As co-chair of DAGA [Democratic Attorneys General Assoc.), he has helped coordinate the legal and political strategies behind the lawsuits suing the Trump administration over issues including the separation of children and parents at the Mexican border, upholding the Affordable Care Act and protecting DACA recipients. And more substantial yet, Racine was the architect of one of the least-discussed but most far-reaching results of November’s elections: Democrats winning a majority of the nation’s attorney general positions—an electoral success with far-reaching implications for workers’ rights, immigration, civil rights, consumer protections and the ability to erect a judicial wall against the Trump administration.

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A former college athlete, he has an imposing build—his shoulders and biceps fill out his pinstripe suit jackets—without being threatening. He’s kind. Warm. Likable. Charming.

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“I’ve been juiced by the competitive spirit I’ve had all my life,” he said in an interview with POLITICO. “Nothing’s come easily to me. I’ve always had to prove myself.”
  Politico
And why do you suppose that would that be?

Here's a clue:


Racine emigrated from Haiti at age 3, grew up in Northwest D.C., and attended St. Johns College High, then an all-male military prep school. After graduating, he went to the University of Pennsylvania, where he captained the basketball team, led it to a pair of Ivy League championships and made the second team all-Ivy squad twice. (He also played a key role in one chapter of the storied Penn-Princeton rivalry, when, in the closing seconds of a tight game, he was fouled by Craig Robinson, the brother of future first lady Michelle Obama, and sank two free throws to clinch the win for Penn.)

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After college, Racine earned his law degree at the University of Virginia and returned to the District to work for a short time as a public defender before turning to private practice. He eventually landed at Venable, one of D.C.’s top white-shoe firms. There, in 2006, his colleagues elected him managing partner—which made him the first African-American at any top 100 American law firm to hold the title of managing partner.

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Racine admits that he personally found running for office “awkward” the first time—he was unaccustomed to talking to individual voters face to face, dealing with reporters, etc.—but that didn’t stop Mayor Bowser from seeing him as a threat after they were both elected in 2014. She immediately attempted to control his budget, curtail his jurisdiction and bring the district’s newly independent AG under mayoral control. That touched off what Racine calls “a battle royale” on the District Council.

“It was very uncomfortable,” he said, “but we learned how important it is to forge alliances with constituents and other interests.” Racine beat back Bowser, maintained and expanded his jurisdiction, then built a solid record reforming D.C.’s juvenile justice system, winning suits against slumlords and bringing successful consumer protection cases.

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By 2017, after years of Republican attorneys general suing the Obama administration over everything from the Affordable Care Act to environmental regulations, it was well established that state AGs would use their posts to fight the White House on matters of political or partisan difference. But among themselves, AGs had a long history of working together in bipartisan fashion across state lines on matters ranging from water protection to consumer advocacy to the Big Tobacco lawsuits of the 1990s.

Underscoring that collegiality, AGs had a handshake agreement that RAGA (Republican Attorneys General Assoc.) and DAGA would not challenge seats held by incumbents from the other party.

That changed in March 2017, when RAGA’s members voted to start openly attempting to knock off Democratic incumbents.

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DAGA went all-in on the digital and social media side.

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Under Racine, DAGA has become a nimble and well-funded political strike force in Washington—one that in 2018, raised and spent record-breaking sums of money, embarked on a “digital doorknock” outreach campaign that contacted 12 million voters in more than a dozen targeted states via peer-to-peer text messages and played a major role in flipping AG seats in Nevada, Michigan, Wisconsin and Colorado.

There are practical implications to those elections: On Monday, three of those states’ AGs were among the 16 who sued to block Trump’s border wall emergency declaration—just one of what will inevitably be many legal battles between new Democratic AGs and the Trump administration.

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With Frosh, Maryland’s AG, Racine has sued Trump for violating the Emoluments Clause—the Constitution’s prohibition against federal officials receiving benefits from business ventures while in office. Racine and Frosh allege that through his ownership of the Trump International Hotel on Pennsylvania Avenue in downtown Washington, the president has illegally profited and opened himself up to corrupt influence.

The case is winding its way through federal courts in Maryland, with most of the rulings going Racine’s way. There’s a hearing scheduled for March 19, and pending its outcome, the discovery process could begin soon after.

In the meantime, he’s managing 300 attorneys as the D.C. AG, focusing on work that is less publicized and more tangible in the lives of Washingtonians. His lawyers have forced landlords to repair substandard buildings, moved 1,723 children out of foster care, and gotten more than $10 million in relief to D.C. consumers. He’s also joined the leadership of the bipartisan National Association of Attorneys General, in line to be president in two years.

Racine says his heart is in reforming juvenile justice and creating pathways to keep kids out of the criminal justice system.

But is his heart interested in moving up to serve in federal office? After all, Racine did a stint in the White House counsel’s office during the Clinton impeachment hearings. Would he consider serving as Kamala Harris’ attorney general? “Of course I would,” he said.

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