Washington State Attorney General Bob Ferguson received national attention after he filed the first state lawsuit against U.S. President Donald Trump’s travel ban and won.
And it might not be the last lawsuit Ferguson files against the Trump administration.
“Moving forward, I’ve been grappling with how best to decide how to handle different initiatives coming from this administration,” Ferguson said on Friday morning while speaking to members of The Columbian’s editorial board.
Earlier this week, Ferguson wrote to Ryan Zinke, the U.S. interior secretary, inviting him to visit some of Washington’s national monuments. But he also warned if the federal government tried to alter the status of the federally protected lands, he would fight back.
“Let me be clear: If the president seeks to do harm to Washington’s national monuments by eliminating or reducing them, my office will initiate litigation to defend them. I hope we can avoid that conflict. In that spirit, I invite both you and the president to join me in a visit to Washington’s Hanford Reach National Monument and San Juan Islands National Monument,” Ferguson wrote. “I hope you and the president have already had a chance to visit Washington’s national monuments. If not, when you see these treasured lands up close, I am confident you will agree that any alteration to their monument status or to their boundaries is not only unlawful, but unwise.”
When considering a lawsuit against the federal government, Ferguson, a Democrat, is clear his decisions are not based on policy disagreements with the administration.
Primarily, of course, he has to believe there is a violation of the law.
From there, he evaluates, “Are Washingtonians being harmed? Do we have good constitutional arguments? And can I bring the lawsuit … Do I have standing to bring it.”
And of course, he considers whether he can win.
• Travel ban — Three days after Trump signed his initial travel ban order in January, Ferguson filed a lawsuit challenging the executive order. The attorney general said he believed the statements Trump made on the campaign trail and anticipated the executive order.
As soon as the order was issued, Ferguson’s team of lawyers, which the attorney general gives significant credit to, immediately headed to the office and went to work. One cancelled her ski vacation.
Ferguson said one of the most disturbing elements in the federal government’s brief on the ban asserted the president’s authority was unreviewable.
“They didn’t just say the president’s authority was broad to issue an executive authority, which it is, they wrote that the president’s authority was unreviewable … Look, that’s never been the law. That’s not the law … That’s not OK, we’re a democracy. We have a judiciary,” Ferguson said.
Within a week of issuing the order, a judge blocked enforcement of the ban.
Trump later issued another travel ban, targeting only travelers from six Muslim-majority countries.
The more recent order is expected to head to federal court of appeals next week.
• Legislature — At the start of the legislative session, Ferguson held a press conference with former Attorney General Rob McKenna, a Republican, two Republican members of the state Senate and Gov. Jay Inslee. The elected officials were hoping this legislative session a measure to abolish the state’s death penalty would gain momentum. It didn’t.
Ferguson believes there are enough votes in the state Legislature to pass the bill but with the current GOP-controlled state Senate, the bill won’t get a hearing.
“I think it has the potential to move next year,” Ferguson said.
Ferguson also hoped this session legislators would ban assault-style weapons or barring that, make them more difficult to buy. The controversial measure also did not move this session.
“Do I think politicians are too cautious in general? Yes, I believe that,” Ferguson said.
The attorney general championed several pieces of successful legislation to help students who are dealing with debt and to make it harder for employers to illegally withhold earned wages from their employees.
• Governor — With all the high profile attention placed on Ferguson, including being named one of Time Magazine’s 100 most influential people, there’s been considerable speculation about what higher office could be in his future.
Ferguson is used to the question.
“I don’t know what I’m doing tomorrow, let alone in three years,” he said.
The office of attorney general, he said, is the most consequential office.
“To say I love it is an understatement. I find it very rewarding,” he said.
And if there is any discussion of running for perhaps governor, it will be a family decision, he said, adding his wife is very supportive of his work but also a very private person.
