The office of Attorney General in Virginia is often overlooked, buried down-ballot beneath the governor’s race and even some state legislative contests. But make no mistake: this office is one of the most consequential in the Commonwealth not only for its influence on Virginians’ daily lives, but for its power to check federal overreach when Washington veers off course. In the age of Donald Trump’s return to the White House, the party that holds this office will determine whether Virginia stands up for the rule of law or stands aside.
As the Commonwealth’s chief legal officer, the Attorney General doesn’t just give legal advice or defend state agencies. The AG decides when to sue the federal government, whether to join multi-state coalitions to protect civil rights or the environment, and how aggressively to enforce consumer protection laws. The AG’s opinions can shape state policy for years. When the federal government acts beyond its authority, it’s the state attorneys general who decide whether to fight back or to cooperate.
That’s why the upcoming race for Virginia Attorney General has drawn national attention and national money. It’s not just about Richmond politics. It’s about whether Virginia will be a firewall for democracy and constitutional order at a time when federal institutions are under pressure to bend to partisan will.
We’ve already seen what can happen when those institutions bend. In September, Erik Siebert, the U.S. Attorney for the Eastern District of Virginia, reportedly resigned after resisting pressure from Trump administration officials to bring criminal charges against New York Attorney General Letitia James, the AG who successfully prosecuted Trump for civil fraud in New York. Federal prosecutors in Virginia concluded there was no probable cause for the charges. But within days of Siebert’s departure, Trump installed Lindsey Halligan, a longtime Trump ally with no prior prosecutorial experience, as interim U.S. Attorney. Halligan promptly presented the case to a grand jury, resulting in an indictment many legal experts viewed as politically motivated.
Senators Tim Kaine and Mark Warner decried the move as retaliation for Siebert’s refusal to “weaponize federal law enforcement.” The episode underscores a chilling reality that when the independence of the Justice Department is compromised, state attorneys general may be the last line of defense for accountability and constitutional norms.
During Trump’s first term, Democratic attorneys general from states like California, New York, and Massachusetts successfully blocked dozens of unlawful federal actions - from the travel ban to the rollback of environmental protections to efforts to dismantle the Affordable Care Act. If Virginia’s AG had joined those coalitions, the Commonwealth’s 8.8 million residents would have had a stronger voice in those national fights.
Instead, under Republican Attorney General Jason Miyares, Virginia has charted a different course that aligns closely with Trump-era priorities. Miyares has used his office to investigate locally elected prosecutors, issue politically charged “reports” on Commonwealth’s Attorneys he disagrees with, and withdraw Virginia from multistate coalitions defending abortion rights, voting access, and environmental protections.
If the next AG shares that philosophy, Virginians should expect the office to cooperate with, rather than check, Trump’s federal agenda even when that agenda undermines state autonomy or civil rights. But if a Democrat wins, the office could once again serve as a counterweight, joining national efforts to protect the rule of law, fight censorship, and preserve basic rights under the U.S. and Virginia Constitutions.
There is a lot at stake in this election. The Attorney General’s office influences whether Virginia sues to block harmful federal rollbacks in education, housing, or environmental policy. It affects how forcefully the state protects consumers from predatory corporations or defends the rights of LGBTQ+ Virginians when the federal government won’t. And it determines whether Virginia stands with other states in defending reproductive freedom and access to healthcare, both of which are once again on the chopping block.
Every administration tests the boundaries of power. But the Trump administration has shown a willingness to cross them, pressuring prosecutors to pursue political enemies and punishing those who refuse. The federal system was designed to withstand such pressure because the founders envisioned strong, independent states with their own legal guardians. In Virginia, that guardian is the Attorney General.
So when voters head to the polls over the next few weeks, they’ll be choosing more than a lawyer for the state. They’ll be choosing whether Virginia remains a state that upholds the Constitution or one that looks the other way when it’s violated.
This is why I’m not getting distracted by the noise. I know Jay Jones will represent the best interests of the Commonwealth and protect the things my constituents in Falls Church care about the most.