The Senate Majority Leader emailed the state’s top courtroom lawyer his draft tax bill and asked for “the best shot to have Culliton overruled.” That lawyer’s office will later have to defend the bill in court.
In Washington, the branches meant to check each other merged. 🧵
Separation of powers isn’t a technicality. It’s the reason no single faction controls a law from drafting to courtroom.
When the people who write a law, pass it, and defend it are one team, that check is gone.
Public records on the “millionaire tax” show it gone.
October 14, 2025. The Governor’s office emails the Attorney General’s Office, months before any bill is public:
“Has the AG’s Office done any analysis on the legal risks (e.g. uniformity) and chance of something like this being upheld in court?”
December 6, 2025. The Senate Majority Leader, the bill’s sponsor, emails the state’s Solicitor General directly:
“Here is the draft of the millionaire tax bill. I welcome your thoughts and comments about what will give us the best shot to have Culliton overruled.”
December 11. Solicitor General Purcell writes back to the senator directly: “Senator Pedersen… we think this achieves your desired policy goals.”
His office attached edits to the bill and suggested the Legislature add language about why the Culliton precedent is “harmful.”
Look at what these threads share.
The messages coming into the AG from the Legislature and the Governor’s office are flagged [EXTERNAL] because they cross branches, and each is marked attorney-client privileged.
Two branches, one private lawyer, one shared goal, before a single public hearing.
Here is the core problem.
The Attorney General is the office that has to defend this tax in court when it’s challenged. These records show that same office helped draft it and map its legal strategy in advance.
The office defending the law helped build the law.
There’s a legal wrinkle, too.
The Attorney General represents the State and its agencies. It does not normally serve as private counsel to an individual legislator on his own bill. So who is the client when the Solicitor General edits a senator’s bill? That question does a lot of work.
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