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Richard Blumenthal

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Richard Blumenthal
Richard Blumenthal in 2008
United States Senator-elect
from Connecticut
Assuming office
January 3, 2011
SucceedingChris Dodd
23rd Connecticut Attorney General
In office
January 9, 1991 – present
Preceded byClarine Nardi Riddle
Succeeded byGeorge Jepsen (elect)
Member of the Connecticut Senate from the 27th district
In office
1987–1991
Preceded byAnthony D. Truglia[1]
Succeeded byGeorge Jepsen
Member of the Connecticut House of Representatives from the 145th district[2]
In office
1984–1987
Personal details
Born (1946-02-13) February 13, 1946 (age 78)
Brooklyn, New York City, New York, U.S.
Political partyDemocratic
SpouseCynthia Allison Malkin[3]
Alma materHarvard College
Trinity College, Cambridge
Yale Law School
WebsiteBlumenthal for U.S. Senate
Military service
AllegianceUnited States of America
Branch/serviceUnited States Marine Corps Reserve
Years of service1970–1975 [5]
Rank Sergeant

Richard M. Blumenthal (born February 13, 1946) is an American lawyer, politician and Senator-elect in the state of Connecticut. A member of the Democratic Party, he has been Attorney General of Connecticut since 1991. On November 2, 2010, he was elected to the United States Senate to succeed Chris Dodd.[6]

Early life and education

Blumenthal was born in Brooklyn, New York, the son of Jane (née Rosenstock) and Martin A. Blumenthal, a German Jewish immigrant who was the president of a commodities trading firm.[3][7] Blumenthal graduated from Harvard College magna cum laude and was a member of Phi Beta Kappa. As an undergraduate, he was editorial chairman of The Harvard Crimson.[8] Blumenthal was also selected for a Fiske Fellowship that allowed him to study at Cambridge University, Cambridge England for one year after graduation from Harvard College. He received his J.D. from Yale Law School, where he was editor-in-chief of the Yale Law Journal.[9] One of his co-editors was future United States Secretary of Labor Robert Reich. His brother, David Blumenthal, is the National Coordinator for Health Information Technology.

Military service

Blumenthal served in the United States Marine Corps Reserve. He studied administration. He was discharged honorably six years later, with the rank of sergeant. On multiple occasions, Blumenthal has claimed to have served in Vietnam.[10]

CBS also note additional information regarding his claims to military service, "Last night, the New York Times printed an explosive story suggesting that Democratic Connecticut Attorney General Richard Blumenthal - who is currently running for Senate - has falsely claimed he served in Vietnam."http://www.cbsnews.com/8301-503544_162-20005253-503544.html

Early political career

Blumenthal had a brief career as a newspaper reporter for The Washington Post. He was hired by Benjamin C. Bradlee, editor of the Post, and worked on the Metro desk.

Blumenthal served as administrative assistant to United States Senator Abraham A. Ribicoff, as aide to Daniel P. Moynihan (who would later be a United States Senator) when Moynihan was Assistant to President Richard Nixon, and as a law clerk to Supreme Court Justice Harry A. Blackmun. At age 31, he became United States Attorney for the District of Connecticut, serving from 1977 to 1981, and as the chief federal prosecutor of that state successfully prosecuted many major cases involving drug traffickers, organized crime, white collar criminals, civil rights violators, consumer fraud, and environmental pollution. From 1981 to 1986, he was a volunteer counsel for the NAACP Legal Defense Fund.

Before he became Attorney General, Blumenthal was a partner in the law firm of Cummings & Lockwood. In December 1982, while still at Cummings & Lockwood, he created and chaired the Citizens Crime Commission of Connecticut, a private, non-profit organization. In 1984, when he was 38, Blumenthal was elected to the Connecticut House of Representatives, representing the 145th district. In 1987, he won a special election to fill a vacancy in the 27th District of the Connecticut Senate, at the age of 41.[11] Blumenthal resided in Stamford, Connecticut.

Attorney General career

He was first elected as the 23rd Attorney General in 1990 and was re-elected in 1994, 1998, 2002, and 2006. On October 10, 2002 he was awarded the Raymond E. Baldwin Award for Public Service by the Quinnipiac University School of Law.[12][dead link]

Gina Kolb lawsuit

In 2004, Blumenthal, sued Computer Plus Center of East Hartford and it's owner Gina Kolb on behalf of the State. It was alleged that CPC overcharge $50 dollars, $500,000 total, on a three year $17.2 million contract to supply computers to the state. Blumenthal sued for $1.75 million. Kolb was arrested in 2004 and charged with 1st degree larceny. Under a plea deal she was admitted to a rehabilitation program.

Kolb later counter sued claiming the state had grossly abused its power. Kolb was awarded $18.3 million in damages.[13] The Attorney General appealed the decision and had the amount lowered.[14]

Lyme disease guidelines lawsuit

In November 2006, Blumenthal launched an antitrust investigation into the Infectious Diseases Society of America's (IDSA's) 2006 guidelines regarding the treatment of Lyme disease. Responding to concerns from chronic Lyme disease advocacy groups, Blumenthal claimed the IDSA guidelines would "severely constrict choices and legitimate diagnosis and treatment options for patients."[15] In 2008, Blumenthal ended the investigation after the IDSA agreed to conduct a review of the guidelines.[16] In 2010, an eight-member independent review panel unanimously agreed that the original 2006 treatment guidelines required no changes. Blumenthal said he would review the final report.[17]

Big East and ACC

Attorney General Blumenthal played a pivotal role in one of the biggest college athletics stories of the decade; expansion of the Atlantic Coast Conference and the departures of Boston College, Miami, and Virginia Tech from the Big East. He led efforts by the Big East football schools (Virginia Tech, Rutgers, Pittsburgh, and West Virginia) in legal proceedings against the Atlantic Coast Conference, the University of Miami and Boston College, accusing them of improper disclosure of confidential information and of conspiring to weaken the Big East.[18][dead link] These suits cost the schools involved over $2 million in just the first four months of litigation that proceeded for over two years.[19] The lawsuit against the ACC was dismissed on jurisdictional grounds, though it was refiled later.[20] A declaratory judgment by the Supreme Judicial Court of Massachusetts exonerated Boston College in the matter. Virginia Tech accepted an invitation from the ACC and withdrew from the suit to remove themselves from the awkward position of suing their new conference.

Although all of the suits failed in court, a secret out-of-court settlement was eventually reached.[21] The details, that each school received $1 million, were disclosed after the Hartford Courant filed a Freedom of Information request to obtain relevant documents which were not made public by the Attorney General.[22]

Regional transmission organization

In 2003 Blumenthal, along with former Massachusetts Attorney General Tom Reilly, Rhode Island Attorney General Patrick C. Lynch, and consumer advocates from Connecticut, Maine, and New Hampshire, opposed "the formation of a regional transmission organization (RTO) that would merge three Northeast and mid-Atlantic power operators, called Independent Service Operators (ISOs), into a single super-regional RTO."[23] In a press release he is quoted as saying "This fatally flawed RTO proposal will raise rates, reduce accountability and reward market manipulation. It will increase the power and profits of transmission operators with an immediate $40 million price tag for consumers."[24] The opposition was due to a report authored by Synapse Energy Economics, Inc., a Cambridge-based energy consulting firm, which alleged that consumers would be worse off under the merger.[25]

Interstate air pollution

In 1997, both Blumenthal and Governor John G. Rowland petitioned the United States Environmental Protection Agency (EPA) to address interstate air pollution problems created from Midwest and southeastern sources.[26] The petition was filed in accordance with Section 126 of the Clean Air Act, which allows a United States state to request pollution reductions from out-of-state sources that contribute significantly to its air quality problems.

In 2003 his office, along with eleven other states, filed suit to prevent what they claimed was the "changes that threaten to gut the New Source Review (NSR) section of the federal Clean Air Act." Specifically, they objected to the "new regulation [that] states that any modification costing up to 20 percent of the replacement cost of the unit will be considered routine maintenance – and therefore exempt from pollution controls, even if the plant modification produces much higher levels of air pollution."[27] The suit filed in conjunction with New York, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New Jersey, Pennsylvania, Rhode Island, Vermont, and Wisconsin. A number of local governments, including the New York City and various Connecticut municipalities, were also plaintiffs in the suit.

Global warming

Blumenthal has been a vocal advocate of the position that human activity is responsible for rising global temperatures and that prompt action to reduce greenhouse gas emissions must be taken. He has urged the Environmental Protection Agency to declare carbon dioxide as a dangerous air pollutant. "I urge the new Obama EPA to declare carbon dioxide a danger to human health and welfare so we can at last begin addressing the potentially disastrous threat global warming poses to health, the environment and our economy. We must make up for lost time before it's too late to curb dangerous warming threatening to devastate the planet and human society."[28] He has brought suit against a number of electric utilities in the Midwest, arguing that coal-burning power plants are generating excess CO2 emissions. The Second Circuit Court of Appeals recently agreed to allow Blumenthal's lawsuit to proceed.[29] Blumenthal personally has stated "no reputable climate scientist disputes the reality of global warming. It is fact, plain and simple. Dithering will be disastrous."[30]

Stanley Works

On May 10, 2002 both he and Connecticut State Treasurer Denise L. Nappier helped to stop the hostile takeover of New Britain-based Stanley Works, a major Connecticut employer, by filing a lawsuit alleging that the move to reincorporate in Bermuda based on a shareholder's vote of May 9[31] was "rife with voting irregularities." The agreement to temporarily halt the move was signed by New Britain Superior Court Judge Marshall Berger.[32] On June 3 Blumenthal referred the matter to the U.S. Securities and Exchange Commission (SEC) for further investigation[33] and on June 25 he testified before the U.S. House Committee on Ways and Means that "Long-time American corporations with operations in other countries can dodge tens of millions of dollars in federal taxes by the device of reincorporating in another country" by "simply [filing] incorporation papers in a country with friendly tax laws, open a post-office box and hold an annual meeting there" and that Stanley Works, along with "Cooper Industries, Seagate Technologies, Ingersoll-Rand and PricewaterhouseCoopers Consulting, to name but a few, have also become pseudo-foreign corporations for the sole purpose of saving tax dollars." Blumenthal stated that "Corporations proposing to reincorporate to Bermuda, such as Stanley, often tell shareholders that there is no material difference in the law" but said that this was not the case and was misleading to their shareholders.[34] In order to rectify this situation he championed the Corporate Patriot Enforcement Act to close tax loopholes.[35]

Blumenthal's position generated some controversy. On May 9, 2003 the Wall Street Journal wrote an editorial stating that "Attorney General Richard Blumenthal and GOP Congresswoman Nancy Johnson will no doubt now want to take some responsibility for the company's decision this week to lay off 1,000 workers and close nine facilities." However, in the same article, it was noted that those jobs would likely have been at peril whether or not Blumenthal intervened. The company had already made the decision to relocate its factories to Bermuda and, consequently, receive $30 million in tax breaks.[36]

MySpace

In May 2007 Blumenthal demanded that the social networking site Myspace turn over a list of known sex offenders who used the site. He was quoted saying "these convicted, registered sex offenders clearly create profiles seeking to prey on children."[37] After initial refusal, MySpace turned over a list of 5,000 names, including 100 from Connecticut. Blumenthal planned to turn this information over to law enforcement to ascertain if any probation violations had occurred.[38]

Interstate 84

In 2007, Blumenthal became involved in the controversy over a botched reconstruction project of the Interstate 84 in Waterbury and Cheshire. The original contractor for the job went out of business and it was later revealed hundreds of storm drains were improperly installed. After the U.S. Department of Transportation threatened to withhold funds on April 24, 2007.[39] Blumenthal announced a lawsuit by the end of the day against the former contractor and an engineering firm that inspected the project.[40] Blumenthal had already settled all claims with the project's bonding company a month earlier for only $17.5 million of the project's $54 million cost.[41]

Same-sex marriage

In 2004 Blumenthal stated a fact that, at the time, Connecticut law did not permit same-sex marriage.[42]

Terrorist surveillance program

In October 2007, Blumenthal was among only four state attorneys general to lobby Congress to reject proposals to provide immunity from litigation to telecommunications firms that cooperated with the federal government's terrorist surveillance program following the September 11 attacks in 2001. While suits against telecommunications firms were favored by the American Civil Liberties Union and Moveon.org, they were opposed by both the Bush Administration and Democrats such as Diane Feinstein.[43][44] In 2008 the Congress passed and President George W. Bush signed into law a new terrorist surveillance bill including the telecom immunity provisions opposed by Blumenthal.

Pequots

He deals with compacts between the state and sovereign tribes regarding their casinos, and has publicly discussed the Mashantucket Pequot Tribe's handling of liability for injuries to non-Indians on the premises of Foxwoods Resort Casino.[45]

Countrywide Financial

In August 2008 Blumenthal announced Connecticut had joined California, Illinois and Florida in suing subprime mortgage lender Countrywide Financial (now owned by Bank of America) for fraudulent business practices. Blumenthal alleged that Connecticut consumers had been victimized by the mortgage giant.[46][47][48] Connecticut Republicans had pressured Blumenthal to bring suit, noting Countrywide's ties to U.S. Senator Chris Dodd.[49] Blumenthal has defended the senator, stating that "there's no evidence of wrongdoing on [Mr. Dodd's] part any more than victims who were misled or deceived by Countrywide," although his office has never investigated the Countrywide deals.[50]

Microsoft lawsuit

In 1998 Blumenthal sued Microsoft alleging antitrust violations in the marketing of the Windows 98 operating system. Blumenthal claimed the suit was a "D-Day" for consumers.[51] The lawsuit proved unsuccessful in its goals, however. "The browser war is over, and Microsoft won it," Blumenthal said.[52]

Charter schools lawsuit

In a Connecticut Supreme Court decision, Blumenthal v. Barnes (2002), a unanimous court determined that Blumenthal sued the owner of a charter school while lacking authority to bring the suit. Justice Peter T. Zarella concluded in the court's opinion that the office of the attorney general is "a creature of statute that is governed by statute and, thus, has no common-law authority."[53][54]

Prospect of gubernatorial candidacy

Blumenthal was frequently considered a top prospect to run as the Democratic candidate for Governor of Connecticut but he did not challenge[vague] Republican governors John G. Rowland or M. Jodi Rell in the elections of 1998, 2002, and 2006.

On March 18, 2007, Hartford Courant columnist Kevin Rennie reported Blumenthal had become seriously interested in running for Governor in 2010.[55] At a 2008 Boys' State Conference, Blumenthal was asked whether or not he would run; he answered the question by saying that he loved what he was doing and didn't have any plans for the future just yet.[verification needed] On February 2, 2009, Blumenthal announced he would forgo a gubernatorial run and seek re-election that year as Attorney General.[56]

2010 U.S. Senate election

Main article: United States Senate election in Connecticut, 2010

After Sen. Chris Dodd announced on January 6, 2010 that he would retire at the end of his term, Blumenthal told the Associated Press that he will run in the election for Dodd's seat in November.[57] Later that day, President Barack Obama and Vice President Joe Biden called Blumenthal to express their best wishes.[58]

The same day, Public Policy Polling released a poll they took on the two preceding evenings, including races where Blumenthal was paired against each of the three most mentioned Republicans contending for their party's nomination for the seat. He led by at least 30% in each hypothetical race: against Rob Simmons 59–28, against Linda McMahon 60–28, and against Peter Schiff 63–23, with a ±4.3% margin of error cited.[59] Rasmussen Reports also polled after Blumenthal announced his candidacy and found a somewhat more competitive race, but with Blumenthal holding a strong lead. A February poll by Rasmussen found that Blumenthal holding leads of 19 (against Simmons) and 20 (against McMahon), and that Republicans had made up little ground since the initial Rasmussen poll after Blumenthal announced.[60][61]

Blumenthal has started to distance himself somewhat from the Obama administration, highlighting his independent record and declining to commit to welcoming the President to visit Connecticut during the campaign.[62][63]

On the November 2nd election, Blumenthal was elected into the U.S. senate, defeating former WWE CEO Linda McMahon, 52% to 46%.

PAC money contributions

In an interview on MSNBC's Morning Joe, Blumenthal said that he had never accepted PAC money, saying: "I have never taken PAC money and I have rejected all special interest money because I have stood strong and have taken legal action against many of those special interests." Blumenthal accepted over $220,000 in PAC money for the first fiscal quarter of 2010, according to his FEC report. When challenged on the discrepancy, his campaign released a statement explaining that he was referring only to previous campaigns.[64]

Vietnam War service claims

On May 17, 2010, The New York Times published an article citing several speeches by Blumenthal in which he falsely claimed to have served in the Vietnam War. The article reported that Blumenthal, a member of the Marine Corps Reserve, "obtained at least five military deferments from 1965 to 1970 and took repeated steps that enabled him to avoid service in Vietnam."[65][66] (On June 30, 1967, President Lyndon B. Johnson issued Executive Order 11360, mandating that no deferments for post-graduate study be granted in the future, except for those men pursuing medical and dental courses.)[67] Several news sources, including The News-Times, reported similar claims by Blumenthal.[68] Shortly after the article was published, Republican Senate candidate Linda McMahon announced that her campaign research team had found the footage and provided the story to The New York Times.[69]

"In Vietnam we had to endure taunts and insults, and no one said, 'Welcome home.' I say welcome home."

"We have learned something important since the days that I served in Vietnam."

"When we returned, we saw nothing like this. Let us do better by this generation of men and women."

"I wore the uniform in Vietnam and many came back to all kinds of disrespect. Whatever we think of war, we owe the men and women of the armed forces our unconditional support."

Public response

In response to the findings, Blumenthal was criticized by many political sources, including the Huffington Post,[70] Slate,[71] the New York Daily News,[72] The Washington Post,[73] and USA Today.[74] One of Blumenthal's Republican opponents, Vietnam veteran Rob Simmons, stated that he was "deeply troubled by allegations that [Blumenthal] has misrepresented his service."[75] Politico contested one of the speeches cited in the Times article, reporting that Blumenthal had accurately described his service earlier in the speech.[76] Connecticut's The Day newspaper, meanwhile, stated that its staff could find no articles in its archives with any suggestion that Blumenthal served in Vietnam.[77]

In the same article, the Times wrote that there was no record of Blumenthal's tenure on the swim team at Harvard University, even though several biographies had described him as the team's captain.[65] Photos and interviews from Harvard swimmers revealed that Blumenthal had been on the swim team. No official records or group yearbook photos could be found from Harvard's athletic department, however.[78]

After the Times story was published, Rasmussen Reports indicated that Blumenthal's lead over his principal GOP rival, Linda McMahon, had shrunk to three percentage points.[79]

Blumenthal's executive officer, Larry Baldino, responded to the Times story with a letter to the editor of the New Haven Register, in which he acknowledged the statements were 'misleading' but dismissed the outcry as 'petty.' Baldino further defended Blumenthal as 'good natured' and described him as 'one of the best Marines with whom I ever worked.'[80]

Political rebound

In a speech at a VFW Post on May 18, Blumenthal stated that his comment under question was an "unintentional and rare misstatement", and that he is proud of and has been clear about his service in the Marine Corps Reserve. The Veterans of Foreign Wars organization later released a statement noting that VFW "did not sanction and was not, in fact, aware that the press conference was going to be held at a VFW Post."[81] He was rebuked by Richard DiFederico, Commander of the Connecticut VFW chapter, who stated that "Those who served in uniform during the Vietnam era also deserve our gratitude, which makes Mr. Blumenthal's claim to be something he is not so outrageous. It diminishes the service of all who served and sacrificed, most especially those whose names are inscribed on the Vietnam Wall."[82]

On May 21, Blumenthal received the Democratic nomination by acclamation for Senator of Connecticut, after opposing candidate Alpert was not allowed to speak at the convention by the committee, except to withdraw his name for nomination after preparing a speech.[83][84]

Days after the nomination, Quinnipiac University polling indicated that Blumenthal held a 25-point lead over McMahon.[85] The Cook Political Report changed its prediction on the race to Leans Democratic, making Blumenthal the favored candidate over McMahon.[86]

Enlistment in the Marine Corps Reserve

Blumenthal later told The Connecticut Mirror that he did not want to avoid service in Vietnam when he joined the Marine Corps Reserve, saying “I did realize reservists could be called up, and that was something that I wanted to do.”[87] Blumenthal did not recall his specific draft number, but said it was probably high enough to avoid the draft. Research revealed that his draft number was 152. People with numbers as high as 195 in the December 1969 lottery were eligible for the draft. David Curry, an expert on the Vietnam draft, suggested that Blumenthal may have enlisted in the Reserve because at the time, it held no expectation of being activated, and allowed him to avert a pick by lottery.[87]

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  79. ^ Rachel Slajda. "GOP Candidate Simmons Seeks To Gain Off Blumenthal's Vietnam Scandal | TPMDC". Tpmdc.talkingpointsmemo.com. Retrieved 2010-07-12. {{cite web}}: Text "May 19, 2010, 11:22AM" ignored (help)
  80. ^ "LETTER: Using 'in' instead of 'during' was a blunder, but petty".
  81. ^ By ANDY BARR. "VFW leader rips Blumenthal - James Hohmann". Politico.Com. Retrieved 2010-07-12. {{cite web}}: Text "5/19/10 7:36 PM EDT" ignored (help)
  82. ^ "Veterans of Foreign Wars". VFW. Retrieved 2010-07-12.
  83. ^ Riz, Joe. "Capitol Watch Blog - Connecticut Politics, Political News and Legislation". Blogs.courant.com. Retrieved 2010-07-12.
  84. ^ http://www.wtic.com/Democrats-Nominate-Blumenthal-to-Senate/7156178
  85. ^ Condon, Stephanie (2010-05-27). "Blumenthal Still Leads McMahon After Vietnam Misstatements - Political Hotsheet". CBS News. Retrieved 2010-07-12.
  86. ^ "2010 Senate - CT | The Cook Political Report". Cookpolitical.com. Retrieved 2010-07-12.
  87. ^ a b Hernandez, Raymond (2010-06-16). "New Questions on Blumenthal's View of Military Service". The New York Times.

Further reading

U.S. Senate
Preceded by United States Senator-elect (Class 3) from Connecticut
January 3, 2011
Served alongside: Joe Lieberman 		Incumbent
Legal offices
Preceded by Connecticut Attorney General
1991-present 		Incumbent
Party political offices
Preceded by Democratic Party nominee for United States Senator from Connecticut
(Class 3)
2010 		Succeeded by
Incumbent


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