Rep. Jim McDermott wants the U.S. Supreme Court to overturn a lower court ruling that said the Seattle congressman violated federal law when he leaked a tape-recorded telephone call to reporters. McDermott's lawyers filed papers with the court asking it to review the ruling by the U.S. Circuit Court of Appeals in Boehner v. McDermott.

The Writ of Certiorari focuses on two main arguments: McDermott says the Circuit Court erred in applying the federal wiretapping statute to punish a "disclosure of truthful information on a matter of public concern," and whether the court violated the separation of powers by punishing a member of Congress for violation of a House rule. The petition says:

"In particular, by concluding that Rep. McDermott violated a nondisclosure duty under the House Ethics Committee Rules, and attaching adverse collateral consequences to that conclusion, the D.C. Circuit violated the fundamental separation of powers that underlies our entire constitutional structure. It has long been established that Congress' power to make and enforce its own rules is 'absolute and beyond the challenge of any other body or tribunal.'

...

"These are precisely the dangers that led the Framers to include the Rulemaking Clause in the Constitution. It is hard to overstate the D.C. Circuit majority's affront to the separation of powers."

The case has stretched over 10 years. It began when McDermott gave reporters copy of a tape of an intercepted cell phone conversation among House Republican leaders, including Rep. John Boehner who subsequently sued McDermott.

McDermott is relying, in part, on what he hopes is uncertainty in the Circuit Court's ruling due to its split decision. When that decision came down May 1, law professor and blogger Jonathan Adler wrote:

The line-up of today's decision is quite interesting. The court effectively split 4-1-4. Judge Randolph wrote the majority opinion, holding that McDermott's disclosure of the tape was not protected by the First Amendment and violated House Ethics rules. He was joined by Chief Judge Ginsburg and Judges Henderson and Brown. Judge Sentelle wrote the dissent, arguing that McDermott's disclosure of the tape was fully protected by the First Amendment. His dissent was joined in full by Judges Garland, Rogers, and Tatel. Judge Griffith split the difference, joining the first part of Sentelle's dissent, but ultimately joining the majority.

Adler wrote at the time that he doubted the Supreme Court would take the case on appeal.

I spoke on the telephone this morning with retired Gen. Wesley Clark. We were set to talk about his new book, A Time to Lead: For Duty, Honor and Country, an upcoming Seattle appearance, the presidential campaign and his pending endorsement of Darcy Burner for Congress.

But first we talked about Rush Limbaugh. Shortly before the general called form Europe his political action committee, WesPac, sent an e-mail to supporters criticizing Limbaugh for comments he made labeling Iraq veterans against the war "phony soldiers." Supporters are urged to e-mail Limbaugh and urge him to invite a veteran against the war on to his show. Clark told me:

"I think it's an outrage that he would call soldiers who had served in Iraq, who had served honorably, phony. ... I think he certainly shows the partisan character of his definition of patriotism."

(I think some Democrats and liberal groups are hoping Limbaugh's comments will be the GOP version of the MoveOn "Betray Us" ad.)

Clark is perhaps the best-known of retired generals in the Democratic camp. He ran for president in 2004. And he thought about it again this time. He said he decided against it because "my pre-conditions weren't met." What were those? "I haven't said. That's private," he said.

Clark writes in new book about how he felt pulled to run for president by what he saw as the Bush administration's lack of reasoning behind the invasion of Iraq. Publisher's Weekly calls it part "memoir, patriotic tract and broadside about contemporary American politics."

"I think the United States can weather difficulties with its relations with other nations imposed by the Bush administration," he said. The rest of the world is "waiting for the next election" in the hope that there will be a "larger view of foreign policy in America than simply hunting down individual terrorists."

The 2008 election, he said will determine if that change will come.

"This isolation we feel right now as a nation, it is reversible with the right leadership and the right policies. But not every candidate will have the right policies."

And that brought us to Hillary Clinton. Clark endorsed Clinton for president recently. Clark served as NATO commander during Bill Clinton's administration. The endorsement may have been a bit of a surprise to some given that, as The New York Times wrote, "General Clark ran as a credible critic of the war in 2004, and he remains a popular figure in the anti-Iraq war movement, serving on the board of advisers of the VoteVets group."

Clark knows that "some Democrats are looking for a different kind of response" to Iraq than what Clinton has offered so far. But he said those people need to "think about not just the past, but the future." By that he means that voters shouldn't get hung up on Clinton's earlier support for the war or her slow moves calling for withdrawal. Clark is confident that Clinton will not only get the United States out of the war, but do it in the right way.

"She's the most experienced of the candidates. She's traveled widely. She's seen the United States in peace and war. She has been inside the White House during tough decision-making."

Clark will be at Third Place Books in Bothell Tuesday at 7 p.m.

He will also endorse Burner while in the area. He said he's doesn't know her, but "she has a great record."

I've been largely uninterested in the "debate" over MoveOn.org's ad attacking Gen. David Petraeus. But, though I'm late to the game, I was surprised to see that congressional candidate Darcy Burner isn't answering when asked how she would have voted if asked to condemn the ad.

At the Stranger, Josh Feit tried to get an answer from Burner spokesman Sandeep Kaushik. After a response that Feit found lacking,

I asked again: How would Burner have voted?

Kaushik said: "Darcy has a lot of respect for General Petraeus and the difficult job he's trying to do. And she's not a fan of name-calling on either side."

Not an answer. So I asked if I could ask Burner directly. Kaushik said Burner is out of town and "I think we'll just leave it at that."

I don't see the value in asking every member of Congress or every candidate what they think about the newspaper ad. But Burner is clearly a netroots favorite and her most vocal supporters are the very people who have been the most strident in defending the ad. But if those folks don't feel the need for an answer — and I haven't heard that they do — Burner has little to lose in dodging the question.

The chairman of the Federal Election Commission says a recent Supreme Court decision, a competitive presidential race and Internet fundraising means 2008 will "be without a doubt the most expensive election in our history."

Robert Lenhard was in Seattle this week for an FEC regional conference. In an interview earlier this week I asked him what he thought was going to be the big issue for the FEC in 2008.

"It's probably the volume of money raised and spent in this cycle."

Some of the increased spending is by design. The McCain-Feingold campaign finance law indexed donation limits for inflation. Then in June of this year, the Supreme Court ruled that the FEC has improperly interpreted the law to enforce blackout periods before primary and general elections in which unions and corporations are prohibited from spending money to target specific candidates. Lenhard said:

"That is going to open the door to even more spending."

He said that is particularly true given the crowded, early presidential primary season next year. There are so many primaries bunched together that candidates will not have the money to saturate time slots available for TV commercials.

"The opportunity for outside groups to come in and spend in that time period is going to be very real."

Lenhard, a Democratic appointee, has a union background. Prior to his appointment to the FEC he was an associate general counsel with the American Federation of State, County and Municipal Employees. He had earlier worked for the United Mine Workers of America and the Amalgamated Clothing and Textile Workers Union. He was appointed to the commission in January 2006. But it was a recess appointment and he has yet to be confirmed. The confirmation is now hung up because of a controversial Republican appointment.

The general political climate of the country is also likely to push campaign spending up next year. As Lenhard said, "power is pretty evenly divided."

"I think there are a number of issues right now that make people think it really matters who wins or loses next fall."

While the FEC regulates spending, and argued for that stricter reading of McCain-Feingold, Lenhard says money flowing into campaigns is not just a sign of the increasing cost of politics.

"It's a reflection that people think politics matters. ... And contributions are a proxy for how engaged citizens are and how important they think politics are."

Lenhard is also heartened by the burgeoning use of the Internet for fundraising. It is an inexpensive way for a candidate to raise money, and allows people to feel involved with politics by making even small donations.

"There's no doubt that one of the great problems that we have in politics today is the distance or disconnectedness people feel about politics — that politics is something not that they participate in, but that happens to them. I think everything that helps erode or breaks down that sense is positive. Money is one way they can show that."

Forward Washington is about to put out a statement from executive director Ted Dahlstrom saying that Dino Rossi asked today to change his severance agreement with the non-profit. Dahlstrom told me that the original plan to pay Rossi a lump sum equal to what he would have earned through the end of next month was being misrepresented in the media as Rossi's attempt to stay on the payroll, though say he had resigned.

Dahlstrom said that Rossi told him this morning he wants to avoid even the appearance of that, so has asked that he only be paid what he would have earned through the end of this month.

Here's what Dahlstrom's statement says:

The purpose for Dino Rossi resigning as president of the Forward Washington Foundation was to protect the Foundation. The Foundation's fundraising has suffered since the baseless PDC complaint was filed by the Governor's political agents. I had asked Dino to help the Foundation with its transition to a new president. It was only fair that since he would continue to help us that we pay him a severance package. Now I have seen media reports that equate the severance package to him still being an employee of the Foundation through October. That is not our intent. Dino told me this morning that he wants to avoid even the appearance that he is still employed by the Foundation in order to prevent us from being the target of even more political attacks. With that, I have reluctantly agreed that his severance package will reflect the amount of compensation as if he worked through the end of September only.

The statement talks about "media reports" that could be used to fuel political attacks, but stops short of saying that was the media's intention. Rossi, though, has been pointed in his criticism of the media in other forums. In a speech earlier this month, he said in Pierce County:

"The media is a nay-sayer when it comes to Republicans. And they try to pound you into the ground and pound you into the ground. And they're, you know, they're willing accomplices of the Democrats. That's true. And they pound you into the ground with, you know, with what the future can be."

Incumbent Gov. Christine Gregoire has nearly $3 million in her re-election account but says she's not a candidate. She won't announce, she says, because that would politicize her work with the 2008 Legislature.

Doesn't the $3 million politicize it? What about the recent fundraising pitch that says "The Republican party's opposition to children's health care is shameful and represents the fundamental difference in values that our next election will be fought over"? Is there a Republican member of the Legislature who will be more willing to work with Gregoire next year because she has not spoken the words, "I am a candidate for re-election"? (Never mind of course that her fundraising letter talks about "my campaign for re-election." Those letters don't go to Republicans, so they'll never know.)

Meanwhile, Republican Dino Rossi has resigned as president of his non-profit but is taking a lump sum payment as severance that will give him what he would earn through the end of October. That's just about the time he says he'll decide whether or not to run.

Why resign, announce it two weeks later, then take a payment that will fund his efforts almost until the day he's expected to make a decision about the governor's race? Rossi's speeches on behalf of Forward Washington sound a lot like his campaign speeches of 2004. But Rossi says he never asks people to vote for him or donate to his campaign, so he's not a candidate. I'm not convinced Rossi will run. But I don't see how his relationship with Forward Washington has changed in a meaningful way.

These are word games. You can debate about whether these examples are equal, and I know you will. But the fact is, both putative candidates would be better served by acknowledging reality.

Dino Rossi says he didn't accuse Gov. Christine Gregoire of socialist leanings as reported on the Web site of a Pierce County Republican club. He says he only called her health-care plan socialized medicine. But socialism is apparently a bigger threat than I realized.

Sen. Don Benton, R-Vancouver, sent a fundraising solicitation this month warning people about the power amassed by the "socialist Democrats" that control the Senate. He worries that Democrats could soon have dictatorial power. If they pick up one more seat next year it would give them a two-thirds majority. Benton writes:

Why is this such a big problem?

Because

• It takes a two-thirds majority vote to cut off debate in the Senate.
• It takes a two-thirds vote to change the state Constitution.
• It takes a two-thirds vote to impeach fellow members of the Senate.
• It takes a two-thirds vote to suspend the rules of the Senate.

It is not true that the Constitution can be changed by the Legislature. A two-thirds vote is required of the Legislature to place any proposed constitutional amendment on the ballot, where only the voters can decide to change the Constitution. But such detail does not calm Benton's fears:

We are approaching a dangerous situation in the Senate where the Democrats can silence our conservative voices, change the Constitution and actually expel our members!

He says, "I am the Democrats number one target next year" because he says he is a "huge threat to the Democrat leadership." Why? Because he's the most vocal tax opponent in the Legislature, one "of the most articulate members of the Republican Senate in press relations," and the only Republican in the Senate "that knows how use the Senate Rules and Parliamentary Procedure to slow things down and amend bad pieces of legislation."

He is, he says, "the biggest problem standing in the way of the socialist agenda in Washington state."

Note: If you get any fundraising solicitations of interest, send them my way.

Dino Rossi insisted again tonight that his work with the Forward Washington Foundation was unconnected to any potential gubernatorial campaign he may launch later this year. But Rossi said that he has been assessing how much support there is for a second run for governor.

"I am assessing whether it makes sense for the family, but also assessing the depth of the support out there. I'm not going to dive off the diving board unless there is water in the pool. Who would? But I'm not a candidate now."

(Rossi had a clarification of something I wrote in an earlier post. The executive director of Forward Washington told me that Rossi would continue to draw a salary from the non-profit through the end of next month. But Rossi said that he will be receiving a severance package that will pay him a lump sum equal to what he would have earned through the end of next month, but he will not be drawing a salary.)

Rossi says that there should never have been an investigation of Forward Washington because he has followed the Public Disclosure Commission rules that say the non-profit can operate as long as it does not support or oppose a candidate or a ballot measure. I asked him, though, if traveling the state to assess the depth of support for a campaign could raise legitimate questions about whether Forward Washington was in fact boosting his potential candidacy. It seems testing the waters is what a potential candidate does with an exploratory committee, not a non-profit foundation.

But he says there is a vast difference between what he's been doing and what would constitute campaigning. He may ask people how much support there is for a Rossi campaign. But, he said, "That's not even close to being a candidate."

"You haven't accepted a dollar. You haven't told people you're running. You're just seeing if it makes sense."

Is that a campaign function?

"No, it's actually a rationale process to see if it makes sense to do. A campaign function is when you stand up and say, 'I am a candidate. I'd like you to vote for me, and by the way, we need funds for me to run.' And anything other than is not a candidate."

Rossi resigned as president of Forward Washington, he said, the afternoon of Sept. 11. That night, he gave a speech to a group of Pierce County Republicans. A report of the event on the Web site of the 28th District Republican Club says that Rossi delved into a strong criticism of Gov. Christine Gregoire and her administration. (If you read the report, Rossi said most of it seemed accurate, except the part where it is reported that he said the press wasn't reporting on the governor "because they are aligned with Gregoire's socialist, government control style of governance." He said he called her health-care plan a "back door to socialized medicine," but did not call her programs socialist.)

But those strong words do not a candidate make, he said.

"I had resigned that day and I was there that night as a private citizen. ... I can say what I want as a private citizen. You've been critical of her. Are you a candidate? Are you going to file with the PDC? Someone doesn't lose their First Amendment right just because they ran for office. You guys aren't the only ones who have First Amendment rights."

Ted Dahlstrom, executive director of Forward Washington, says founder, president and likely gubernatorial candidate Dino Rossi resigned as the group's president two weeks ago because he was attracting negative attention to the group. Forward Washington is under investigation by the Public Disclosure Commission to see if it is — as Democrats alleged in a complaint — a front for a Rossi gubernatorial campaign.

I can't reach Rossi this evening. But Dahlstrom told me:

"He felt that this was becoming burdensome on the foundation — that we were not able to do what we wanted to do because we were being investigated. There was a lot of stuff that came with him being president. He wanted to step aside for the future success of the foundation, so it could live beyond him, which was always his intention.

...

"We're a non-partisan foundation here and he thought this attention he was attracting wouldn't be good for the future of the foundation so he wanted to step away."

But Rossi is still collecting a paycheck from the group. He has been earning $75,000 a year as president. Dahlstrom said Rossi will continue to be paid through the end of October as he completes speaking engagements he agreed to while president of Forward Washington.

That will allow him to continue to travel the state while financed by unknown sources. That's the basis of the Democrats' complaint.

The continuing salary from Forward Washington may support Rossi almost until he makes a decision about the governor's race. That announcement is expected before the year is out. (In fact, Rossi just told Ralph Thomas that he will spend about the next six weeks considering his options before making a decision about the race, or a bit past his Forward Washington salary ends.)

At his blog, Rich Roesler, who broke this news this afternoon, quotes an e-mail from Dahlstrom to Forward Washington supporters that blames the Democrats' complaint for putting a crimp on fundraising.

The "baseless" complaint by "the governor's political agents," he wrote, had hurt the foundation's fundraising

Dahlstrom just forwarded a copy of the e-mail. It says, in part:

"The Governor's political agents filed a baseless complaint with the Public Disclosure Foundation (PDC) against our non-partisan Foundation. It is baseless because we were informed, in writing, by the PDC that as long as the Foundation did not expend funds to lobby or influence elections we would not be subject to PDC regulation — and we have never engaged in those activities," said Dahlstrom. "But the complaint has hurt our fundraising and would have made it impossible for the Foundation to focus on its mission successfully if Dino had remained as President. They may have achieved their goal of hurting the Foundation — but they will not stop us."

Dahlstrom told me that the PDC has been conducting interviews about Forward Washignton but he does not know when the investigation will be complete. I wondered if Rossi's resignation was at all an attempt to end the investigation and remove the question of his candidacy. Dahlstrom said absolutely not, that the two things are not connected.

State Democratic Party spokesman Kelly Steele said that Rossi "has spent months illegally campaigning with his sleazy front group, and now he's blaming others because he got caught."

At his Spokesman-Review blog, Rich Roesler is reporting that Dino Rossi stepped down two weeks ago and has been replaced by former Sen. Dan McDonald, who had served on the board of Forward Washington. He has this statement from Rossi:

"I understand that people are going to read whatever they so choose into this announcement, but the fact remains that I have not decided nor declared that I will be a candidate for governor in 2008. My wife and I will assess if my running for governor is right for us and our four children, and for the next month or so I will also be assessing the depth of support among people throughout the state. When both those factors are resolved, I will make a decision and an announcement, one way or the other."

Congressman Rick Larsen, D-Lake Stevens, said on returning from a trip to Iraq and Afghanistan that he saw nothing to change his support for an "unconditional partial withdrawal" of U.S. troops from Iraq. He told reporters today what he said earlier in the month after hearing testimony from Gen. David Petraeus and Ambassador to Iraq Ryan Crocker:

"The key to ending sectarian violence in Iraq is political reconciliation. Nothing I saw on my trip changes my assessment of that fundamental fact."

Larsen does want to increase funding for a new rocket defense system being used on U.S. bases in Iraq. He was briefed on the system during a visit to a major U.S. base north of Iraq.

It's been nine months since Larsen, a member of the Armed Services Committee, called for most U.S. troops to leave Iraq. He said the U.S. should train Iraqi forces, leave some trainers and special operations forces behind, provide border security, and immediately withdraw other troops. Again, he said today, he saw nothing on his trip to the war zone to change his mind.

Larsen today renewed his call for the U.S. to loosen visa policies to allow some Iraqi refugees into the United States. He said that "a lot of people talk about a moral obligation to Iraq" — and that includes fellow Washington Democrat Brian Baird — that means the United State needs to stay and fight. But Larsen said the moral obligation is to help nearly 1.5 million Iraqi refugees return to their country, help another 2 million now displaced from their homes but still in Iraq and welcome others into the United States.

Larsen was asked about Baird's reversal on Iraq when the Southwest Washington congressman came back to say "a precipitous or premature withdrawal of our forces now has the potential to turn the initial errors into an even greater problem." Larsen said Baird created a false proposition "because nobody I know has argued for what I'd call a precipitous withdrawal."

While Larsen is focused on the need for political reconciliation within Iraq's warring factions, he wasn't interested in meeting with political leaders on the trip.

"I was not all that interested in meeting with presidents or prime ministers or parliamentarians. I frankly don't need to hear them tell me how much progress they are making because I've heard it all before. And I've seen no evidence of it and I really don't need to hear It again."

He said the congressional delegation was not allowed into the streets of Baghdad and he had no interest in visiting the city's marketplace, a stop on many trips by U.S. officials. (CLARIFICATION: Larsen said they were able to drive through the streets in an armored vehicle while wearing armored vests. They were not able to travel on foot.)

"I'm not interested in shopping in Baghdad, so I don't need to got to a market," he said. He also did not want to tie up the number of security forces that would have been needed to protect the delegation in the market.

Larsen was part of a six-member, bipartisan, delegation on the trip. His first stop was the massive airbase at Balad, 50 miles north of Baghdad. He had several briefings, including from special operations, an F-16 squadron and personnel involved in the military's new Counter-Rocket Artillery, Mortar, or C-RAM.

The Army wants to expand the use of C-RAM and Larsen said Congress will have to soon to decide whether to approve money for that. He said from what he saw, it seems like a worthy program. The Air Force Times reported in January:

The U.S. Army has seen rocket and mortar casualty rates drop "to nearly zero" where its Counter-Rocket, Artillery, Mortar Program system has been deployed, said the manufacturer, and now the service plans to buy more.

Northrop Grumman's Tactical Systems Division received a $78 million follow-on contract Jan. 16 to continue systems engineering, integration and installation for the C-RAM program. Deployed last year in Iraq and elsewhere, the system uses sensors and radar to spot and track incoming mortar rounds and rockets. It warns U.S. and coalition troops about the incoming rounds and provides data to defensive weapons that can take shots at the enemy fire. The announcement was made at a press conference sponsored by the Los Angeles-based defense contractor.

In March, Lt. Gen. Kevin Campbell, commander of the U.S. Army Space and Missile Defense Command, told a House committee that a significant danger "is posed by insurgents employing indirect-fire tactics of quick-attack, low-trajectory, urban-terrain-masked rocket, artillery, and mortar strikes against U.S. forward operating bases in Iraq."

He said that so far, the weapons have been paid for through supplemental appropriations, but that the Army was eager to have more:

This capability provides timely warning of mortar attacks, intercept and defeat of incoming rounds, and accurate location of insurgent mortar crews, enabling a rapid, lethal response.

Republican presidential candidate Rudy Giuliani is tentatively scheduled to appear in the Seattle area Saturday. His schedule shows a western campaign swing with yet-to-be announced details of visits in Portland and Seattle.

Pollster John Zogby went through his quick take on the leading presidential candidates during his talk last week at the Association of Washington Business conference. I wasn't able to post on it at the time, but I was particularly struck by his dismissal of Fred Thompson as a serious contender for the GOP nomination. As he made his way though the pros and cons of each candidate, Zogby said:

Fred Thompson. This will not take long. I don't see it. I don't see it, I've never seen it. He's finally announced. He's received a bounce in the polls.

Pros: He has an impressive resume. He comes from a good state. He's very tall. You'll recall that John Kerry was very tall as well. He also has some leading Bush consultants working for him.

Cons: You know, I love it when these guys go out there and compare themselves to Ronald Reagan. ... Don't even bother comparing yourself. Ronald Reagan alive was not even Ronald Reagan today. ... You lose in comparison. Don't go down that road unless you can really match the real thing. And Fred Thompson is not the real thing.

I'm sorry if there any Thompson buttons out there. It is a very dull campaign speech. He has given little reason for running. He wants a small government. Yeah. Who's the big government candidate in the primaries? You know? He's fallen short on fundraising. Watch for the Freddie Fizzle.

Let me just tell you on a very personal note. If he should go places in this campaign, I want his job on Law and Order because for 12 seconds a week I get to open a door and say: 'I think you're going to have to find more evidence Jack. That's how the system works.'

Now, if Fred Thompson is elected president, this was only for entertainment purposes.

When Tom Fitzsimmons announced to the governor's cabinet that he was resigning as chief of staff, he said it was "not my first choice." But that doesn't mean he was pushed out. Rather, Fitzsimmons says, he was torn about whether to stay longer or step down now and allow an "opportunity for some reshuffling" as Gov. Christine Gregoire gets ready to run for re-election. Fitzsimmons and I spoke this morning. He told me:

"I've struggled with this issue of loyalty to this group, loyalty to the governor, loyalty to the cabinet. I said, 'It's not my first choice' because in my heart I'd really like to stay. But practically speaking, it's just time for me to go. These things aren't easy to go through. They can be messy. The governor is as torn as I am."

Fitzsimmons said he and the governor had a series of conversations through the summer about his role in the office.

"We had this back and forth conversation and essentially I think I tipped the scale by saying I really need to do something different. Of course it gives her an opportunity to adjust and bring in some renewed energy. But I think I'm the one who tipped the scale."

Fitzsimmons said his departure will allow the governor to do some "reshuffling, prioritization of her time and focus and gathering a different kind of skill set around her. That's all part of it."

Fitzsimmons will be replaced by Cindy Zehnder, president of TVW. Monday, he was meeting with Zehnder during the governor's press conference where reporters were asking about Fitzsimmons' departure. Fitzsimmons said he and his successor watched the press conference live on TVW.

Fitzsimmons stayed in the job far longer than expected. He served two years as chief of staff under former Gov. Gary Locke. Gregoire kept him on for what was supposed to be a six-month transition — a transition that was among the most unusual in state history as Gregoire's election was challenged in court.

"I was only here supposedly for a short-term, to help her figure out the office a little bit. And it wasn't too long before time went by and she said, 'Would you stay. I really like what you're doing.' And I told her at that point I didn't think I could stay the whole four years."

He describes himself as a behind-the-scenes type who stayed away from the limelight. That, he said, led some people "to oppose me." But he leaves with one of the longest tenures of any chief of staff. And he's likely the only one to serve with two governors. He leaves satisfied with his accomplishments.

"I've done a lot. I am the cornerstone of a lot of her achievements and I am very proud of that."

Gov. Christine Gregoire said she's getting ready to sue the federal government "if federal authorities insist on new limits that could prevent Washington's planned expansion" of a children's health care program.

She also said she is lobbying the state's congressional delegation to back a renewal and expansion of the State Children's Health Insurance Program that is set to expire at midnight Sunday. Democrats in Congress want to boost the program by $35 billion over five years. President Bush, who supports a $5 billion increase, has said he'll veto the greater expansion.

Gregoire wants to see the Senate's version become law, saying it's better for Washington state than what the House passed last month. At issue is the state's program that pays for children's health insurance, even if their families are not as poor as required under the federal program. The Senate version would do more for relieving some of those costs now paid by state taxpayers.

The Senate version also is relies on tobacco taxes more than the House Democrats' plan, which would have also cut funding for Medicare Advantage to pay for expanding the children's program. Medicare Advantage, a GOP favorite, provides senior citizens with private health insurance.

"We are working hard with our delegation to move the Senate version forward," Gregoire said.

That means the Democratic governor backs the plan that Congressman Dave Reichert does, though when he said it, he was accused of siding with tobacco lobbyists. When the House voted on expanding children's health care last month, Democrats in the delegation voted yes and Republicans voted no. Reichert said he supported the expansion, but not if it meant cuts to Medicare. He wanted to see tobacco taxes raised more, and preferred the Senate's proposed "fix" for Washington state's particular funding problems. He backed an amendment -- never considered in the House -- that would have adopted the Senate version.

Reichert's vote was immediately attacked by the state Democratic party and its supporters. The SEIU's health-care union produced a recorded telephone call from a health-care worker that went out to voters in the 8th Congressional District. The call said:

I'm a care-giver at a local nursing home in Enumclaw caring for the elderly. I am calling because last week our congressman, Dave Reichert, voted against legislation to strengthen Medicare for seniors and improve access to health care for children in our community. He sided with the tobacco companies and special interests and lobbyists against our children and seniors.

I asked the union's spokesman, Adam Glickman, how Reichert's statement that he wanted to raise tobacco taxes even higher could be seen as siding with the tobacco industry. Glickman told me by e-mail:

As you know as well as I do, politicians play lots of games with procedural votes, amendments, and "versions" to make it seem like they support something. But when push came to shove, and a bill came the floor with a vote that mattered, on one side was nurses and doctors and AARP and children's advocates saying vote YES, and President Bush and the tobacco industry saying vote NO. Congressman Reichert sided with President Bush and the tobacco industry and voted NO.

It is true that in Congress, as in the Legislature, lawmakers don't always get to vote on a perfect version of a bill. But it was also clear to anyone watching this issue closely that the debate was far from over. Reichert is now lined up with Gregoire and senators Maria Cantwell and Patty Murray. If the Senate version -- or more likely something similar to that -- is what the House votes on later this week there are two big questions: Will Reichert support the major expansion, and if he does, will SEIU and other critics drop what will seem like a weak attack that he was doing the bidding of Bush and the tobacco lobbyists?

Gov. Christine Gregoire sparred with reporters at her weekly media availability this morning over questions about recent top-level staff changes and her plans for a re-election campaign.

She also announced that she was having a lawsuit drafted to sue the federal government if President Bush follows through with his plans for cuts in a children's health care program. (More on that later.)

This was the first chance to ask Gregoire directly about last week's news that Chief of Staff Tom Fitzsimmons and Communications Director Holly Armstrong left on their own accord, or were asked to resign as part of a planned shake up.

PoP: Are these changes due to your decision to make changes at the top?

Gregoire: You know, I've seen all this speculation which I think is very interesting. But the fact of the matter is, in the case of Tom, for example, I think Tom may be one of longest, if not the longest-serving chief of staff. I think he's probably the only one who served two governors.

Fact of the matter is, it is a difficult job. It's not a job that is 8 to 5 five days a week. It's a job that is 24/7, 7 days a week. And he and his family deserve the opportunity to look at something else.

PoP: But did you give them that opportunity, or did he decide to take that opportunity? Was it your decision that it was time to make a change, or was it Tom's decision?

Gregoire: These folks want a change in their lives and I respect that. For Holly, as she expressed to me — and she's in the room so you can ask her yourself — she came here, really didn't know anybody, and has worked very hard and wants the opportunity to join family and friends. ...

I think we ought to, one, thank, and two, respect these people for having given so much of their lives to public service with, candidly, insufficient financial remuneration. But you know, they did it because they love to serve. And so I'm most appreciative and I thank them for their willingness to do so.

Dave Ammons, AP: So neither departure was your idea?

Gregoire: These folks want a change and I respect that, totally.

Ammons: OK I gave you a third opportunity.

PoP: It still doesn't sound like you're answering that question directly.

Gregoire: I've answered, and asked it. They want to leave. I respect that. They're free to go.

...

Jerry Cornfield, The Herald: Are you going to run? Are you going to ask the voters for a second term?

Gregoire: I'm not announcing.

Cornfield: Is there a reason, personal, political, professional, that you can't say publicly today you're running, despite having raised nearly $3 million for a campaign?

Gregoire: Because I'm focused on being governor and I think it's important that I stay focused on being governor. And I want to get through the next legislative session working across the aisle. For three sessions, we've had the tremendous success that we have by working across the aisle, and I want to maintain that ability. This weekend alone I wrote two letters to two members of the House Republican Caucus in which I said, 'I really want to work with you on what, if anything, more we should do to lead this country in regard to community safety in the area of sex predators.'

I don't want to turn it into politics. I don't want to demean the important public policy issues by politics. I want to maintain my relationship with them. They can take off their hats, take off the gloves, once sine die is over. But in the meantime, I want to stay focused on being governor and delivering to the people.

PoP: But does the announcement itself change that? Because, as pointed out, you have raised a lot of money at campaign events. There's no question those are for your campaign.

Gregoire: Right.

PoP: So, do you think that Republican members of the Legislature treat you differently because the formal announcement hasn't been made, even though the money is there? You believe that?

Gregoire: I do. I do, because then everybody will say it's all about politics. ...They've come to know me. Most of them, frankly, didn't know me as well as they do now and I think they've come to know that I am a person who will absolutely work across the aisle. There is clear indication of that. And I want them to know I am fully committed to make that happen in the next legislative session. And I'm not going to do stuff because it's a campaign or politics are involved. I want to maintain that this is about public policy and serving the people. And I'll ask them, just like I have three times before, 'Take your partisan hats off, let's work for the people, let's solve the problems, when sine die is over, put your partisan hat back on and go on out.'

PoP: Do you think Dino Rossi is running for governor?

Gregoire: Absolutely.

PoP: Why is he, and not you? He hasn't announced.

Gregoire: You'll have to ask him.

PoP: No, but he has not announced.

Gregoire: No, you asked if I thought if he was running and I answered, 'Yes I do.'

PoP: Do you think you're running? Are you on equal ground?

Gregoire: Very cute.

PoP: Are you on equal ground?

Gregoire: No, he's not governor. I am.

Chris McGann, the P-I: Do you sincerely think that by not announcing you can prevent this feeling that in the 2008 Legislative session there'll be partisan politics involved and that some of the decisions have a political . ..

Gregoire: There's been partisan politics involved in all three sessions.

McGann: So whether you announce or not ...

Gregoire: But guys, the turnip truck is not leaving the front. I didn't just get off the turnip truck.

PoP: Neither did we.

Gregoire: I understand how the system works. But you know what, I'm determined to do my dead-level best to keep campaign politics out of the next legislative session. And I'm sure not going to feed it by making some announcement today. I'm not going to feed into it. I really want these people to know from the bottom of my heart, I genuinely want to keep working on solving the public's problems and moving this state forward and I'm not going to let the campaign politics get in the way of that.

The governor told us all something we didn't know today. She said that she's gone on inactive status with the bar association. That's because the bar requires her, while governor and signing bills into law, to keep up with continuing legal education requirements. That's not the case for legislators. Attorneys in the Legislature are exempted from those CLE requirements because presumably passing law suffices.

"I'm not paying dues," Gregoire said. But she can still answer questions like an attorney. And that fact collided with the stars today. My horoscope said:

Your job seems to be to make people uncomfortable — that's not an easy task, true, but it's an important one to be sure.

Alaska Gov. Sarah Palin today gave up on the state's infamous "Bridge to Nowhere." That's the $398 million bridge that would have connected the Ketchikan Airport to the rest of the island city. She told her transportation department to find a "fiscally responsible" alternative.

"Much of the public's attitude toward Alaska bridges is based on inaccurate portrayals of the projects here. But we need to focus on what we can do, rather than fight over what has happened," she said.

Palin is a former mayor of a medium-size Alaska town outside of Anchorage. A Republican, she defeated incumbent Republican Gov. Frank Murkowski in a primary and went on to win the governorship in November.

I didn't know her when I lived in Alaska. But Palin intrigues me. She seems on her way to establishing not just a new face for the Alaska GOP, but a badly needed new soul, too. Today, the Anchorage Daily News mentions in its coverage of the bribery trial of former House Speaker Pete Kott:

Gov. Sarah Palin quietly popped into the trial for about 10 minutes in the morning. Few seemed to spot her as she slipped into the back row during a little of Kott's testimony on oil taxes. Palin said she took the opportunity to check in during a fire drill in the governor's Anchorage office in the nearby Atwood building.

"This is one of the most important series of trials in Alaska history," Palin said after her courtroom visit.

That's what I'd do. And I bet that's what most of you'd do if you found yourself with time on your hands anywhere near that courthouse. But I wonder how many governors would stop in a corruption trial just to watch, particularly if the defendant was of your political party. Palin was acting like a regular person, or as a regular political junkie. Governors are just too closely handled to allow much of that these days.

AP PHOTO

Palin

Palin ran for governor as a reformer. She pushed ethics complaints against two high-level Murkowksi appointments who ended up getting forced out. But most importantly — even before the state's current political scandals exploded — she ran openly against the oil industry. Republicans don't do that in Alaska, and either do many Democrats with statewide ambition.

And she didn't shy away when news began to break about ethical questions about Republican lawmakers. That was true even in the case of Ben Stevens, then the Senate president and son of the most powerful politician in Alaska, U.S. Sen. Ted Stevens. She openly questioned Ben Stevens' conflicts of interest. He responded by telephoning her, calling her a "Pollyanna" and warning her that she wasn't just running against Republican party leaders — "You're running against me."

(She's kept up her criticism of the younger Stevens. She said this week that he should not be the state's Republican national committeeman.)

When Ben Stevens made his threat, I imagine that what he meant was, "and my dad, too." That's the beauty of Palin's rise. She did it while taking on the state's and the party's power structure. Her stature rises as her party's scandal grows.

Palin has also given up one of the oldest canards of Alaska politics: Blame it on Outside. Here's what she told Ralph Thomas as the scandal burgeoned this summer:

"Our state needs to grow up and clean up. ... We need to prove to the rest of the nation that our government is as clean as our environment and ... that we can do it right."

I assure you that most other Alaska governors would have instead blamed Outside media and Outside political forces and those in the Lower 48 that want to keep Alaska under the oppressive foot of the federal government.

MORE: AP has moved a story with another great example. Palin says Ted Stevens owes Alaskans some answers.

As details of the investigation and Stevens' relationship with Allen continue to emerge, Palin said she wants Stevens to shed some light for the public.

``I can't guess what that information it would be, but I think I join others in wanting to know of the senator's innocence,'' Palin said.

``Right now, we are not hearing anything,'' she said. ``We are going to give him the benefit of the doubt because that's appropriate, and that's deserved.''

Holly Armstrong, Gov. Christine Gregoire's communications director, will leave the job in November to move to Denver. Armstrong gave plenty of notice, she said, to help ensure a smooth transition for her replacement, who has not yet been named.

Armstrong is the second high-ranking Gregoire staffer this week to announce their departure. Chief of Staff Tom Fitzsimmons is also leaving and Thursday Gregoire said he will be replaced by TVW President Cindy Zehnder.

MORE: Here's some of what Armstrong wrote this morning in an e-mail to "friends and colleagues."

My last day working in Governor Gregoire's office will be in early November. I have made a very personal decision to move to Denver, Colorado to be closer to friends and family. It was a very difficult (if not gut-wrenching) decision but, ultimately, the best one for me. I have very much enjoyed the last two years working with Governor Gregoire and with you. Governor Gregoire is an outstanding governor, as you all know — but also a great friend, mentor and teacher. I have been consistently proud to work with the Gregoire Administration and will very much still consider myself to be part of Team Gregoire. I also appreciate the part that each of you has played in making my time here such an incredible learning (and growing) experience. When I arrived, I knew no one and knew relatively little about the state of Washington. I always felt very welcome and comfortable to ask (several) questions as they came up and could not have been nearly as successful here without that help and guidance. Many of you have heard me say, "the smartest people are those who know what they don't know" — I felt VERY smart on many occasions!

But Eli Sanders has collected some reviews of the candidate's Wednesday visit here.

Gov Christine Gregoire is speaking to the AWB lunch. She's actually being interviewed on stage by Denny Heck, a Gregoire confidante, founder of TVW and longtime Olympia fixture.

Heck started off by asking Gregoire if there is something about being governor that surprised her. "What isn't quite what you thought it might be?" he asked.

"Never did I appreciate then, like I do today, the significance of the global marketplace to this state."

She said she's come away from trade missions thinking "we're more like a small nation than a state." She said that people may laugh at that. (I'll admit I have had some fun with the idea.). But she said she doesn't care and now realizes the state's place in the world market.

Heck then wanted to know about what part of the job she wishes she didn't have to do. Gregoire did not hesitate in saying that it has been following through with the pledge by her and her husband, Mike, to attend the funerals of every Washington state soldier killed in action.

"We're overwhelmed by the number and it's heart wrenching," she said. Most of the dead come from the rural parts of the state and the deaths are "wreaking havoc" in those communities. She didn't know how many funerals she's attended. But she said there was one day with three funerals and she and her husband had to split up to attend them.

MORE: What issue has Gregoire learned the most from?

"Viaduct," she said. She said that she learned she needs to be more selective in deciding when it is time for her to weigh in on an issue and try to push a settlement. "The timing wasn't right," she said.

She said she remains committed to tearing down the existing elevated roadway along Seattle's waterfront. "That thing is coming down," she said.

Briefly:

The business climate: Gregoire touted rankings in Forbes and Fortune magazines, but said she wants the state to be No. 1, and if we are a small nation, the state should be able to do that.

Sonics: She said she doesn't know if the team owners are interested in moving to the Muckleshoot property, and doesn't know if the NBA would allow a team to be located nearby the horse racing track and perhaps a casino.

Ref. 67: Gregoire says she will vote for it, to keep the state's new insurance law on the books. But she said she wishes she could have negotiated fixes to it between trial lawyers and the insurance industry. If the measure passes in November, Gregoire said she would push for "clarifying" changes in the next legislative session.

WASL: Gregoire said she would veto any legislation that would go further than she agreed to this year in postponing portions of the test as graduation requirements. That was one of the few big applause lines for the business crowd.

The presidential race: Because fellow governor Bill Richardson is in the race for the Democratic nomination, Greogire said she is remaining neutral out of respect for him. If he drops out, Gregoire would only say she's looking, as she said most people are, at the top three candidates, Edwards, Obama and Clinton. But asked who she thinks will win that nomination, Gregoire didn't hesitate to say it would be Clinton.

Her re-election race: She said she doubts she would announce her re-election campaign before the end of the 2008 legislative session. (Of course she is already raising a lot of campaign cash so any announcement would be a formality.)

Cindy Zehnder, the president of TVW, will be Gov. Chris Gregoire's new chief of staff. Zehnder has been chief clerk of the House, a deputy commissioner at the state Employment Security Department and a longtime Teamster official.

She has also been a UW regent. She is my boss of sorts for my TVW freelance work. A release from Greogire's office said:

"There is only one person who could have convinced me to leave TVW and that is the Governor," said Zehnder. "

Zehnder will replace Tom Fitzsimmons, who announced his "intention to resign" earlier this week.

Pollster John Zogby is speaking now at the opening session of the Association of Washington Business Policy Summit. http://www.awb.org/events/policysummit/index.asp
He's outlining what he says is the mood of America. And it's not pretty.

"There is a foul and ugly mood in the country today and one of those reasons is that people are anti-institutional right now. All that burst of goodwill after 9/11 has dissipated and after Katrina has hardened. And what we are living in the midst of today is that many Americans do not believe that anyone has a solution."

Zogby says Katrina will turn out to be as much a defining moment in American history as 9/11. "What happened with Katrina," he said, "is that all of the endemic problems within our federal system were laid bare."

MORE: Zogby says that by next year, Republicans could be seen as the "peace party." President Bush has announced the first round of troops will come home next spring, with maybe the second coming soon before the Republican National Convention.

"And guess what? Voters get the message that the Republicans can do something that the Democrats can't ..."

He says that Democrats are in a tough spot because their base is pushing for a quick withdrawal. But, he said, "there is no clarity coming from the leadership. There are multiple plans."

"And meanwhile, believe it or not, almost in an Alice in Wonderland situation, the president who has led us into a war that is intractable, where there are no good solutions, at least is coming out with a plan. At least is coming out with some clarity. ... And Democrats are saying to the base, 'We can't give you what you want.'"

MORE: Zogby is going through his thoughts on the presidential candidates. But I think what is more important is what he sees as the major change in America since 2004. In 2004 voters were quick to make up their minds. In March of that year Zogby said it was stunning to him to find that the undecideds were only at about five percent when history would show that number is usually between 15 and 20 percent.

"The center was gone. Americans had found themselves in two warring camps, mainly over cultural issues, mainly over the war in Iraq. ...The polarization in the country was gripping and the center was missing."

And now, he said:

"The center is indeed reborn in American politics today, at least it is among the general public."

The "hyper-polarization" is gone, he said, except for inside the Beltway. There, arch partisanship still goes strong. That will create "two parallel universes between now and election day."

Republican National Committee Chairman Mike Duncan is in Seattle today. He has been meeting with GOP elected officials and party officers, and tonight will be at a fundraiser at a Mercer Island home. (The party wouldn't say whose home it'll be at.)

I talked to Duncan on the phone this afternoon. One of the more interesting notes was how quickly he brought up Rep. Brian Baird, D-Vancouver, when I asked what he was hearing about the war. Baird was Exhibit A for Duncan when he talked about growing support for President Bush's strategy in Iraq.

He said it was notable that a Democratic member said "the surge was working."

"I think General Petraeus' report last week convinced him and other people in Congress that we don't need a timetable. ... We need to continue funding our troops."

I wondered if support from a Democrat in a strong Democratic state was important in trying to build support for the surge. Duncan said:

"Certainly I appreciate the fact that he went to Iraq at different times and he listened to the generals and he made his decision accordingly. We're seeing more members of Congress doing that."

Duncan said he thinks Democratic members of Congress are getting less pressure from leadership and colleagues, but more from outside groups like MoveOn.org, which ran a controversial ad criticizing Petreaus.

"It's the extreme left, the MoveOn.org group that are pressuring these guys. I think the outside Democratic groups are over-reaching and over-playing their hands right now,"

Duncan is a veteran political strategist from Kentucky. He had been general counsel to the RNC and was named chairman in January. He has worked on the campaigns of the past five Republican presidents.

He said that Republicans he meets on the road are optimistic about 2008. I know that's what you'd expect the party chairman to say. But he's confident that as we move into the election year — remember, it is only 2007 — that George Bush and the Iraq war will not continue to dominate the news.

"Next year is going to be an entirely different sc