The two major party candidates for attorney general, Democrat Eugene DePasquale and Republican Dave Sunday, made their opening argument to voters in their first televised debate Thursday night. And while they struck very different tones on topics like abortion and marijuana legalization, they traded their sharpest jabs over their qualifications for the office.
A Pittsburgh native who previously served as auditor general for two terms, DePasquale also served six years in a state House district that covers York County. Sunday, a top deputy prosecutor before becoming York’s DA, also served as a special assistant to federal prosecutors in Pennsylvania’s Middle District.
Sunday brought up DePasquale’s lack of courtroom experience repeatedly in Thursday’s pre-recorded debate.
“Only one person standing here has ever conducted a criminal investigation,” Sunday said. “The attorney general is Pennsylvania's top law enforcement officer that oversees hundreds of prosecutors that conduct criminal investigations.
“I have seen the best and the absolute worst that society has to offer,” Sunday said at the outset. “I know what dangers we face, and because of that, I know that we must have an experienced criminal prosecutor to be the attorney general.”
DePasquale repeatedly cited his work as an auditor general to shine a spotlight on a statewide backlog of untested rape kits and of missed child abuse complaints made on a state hotline.
And DePasquale noted that Gov. Josh Shapiro had been elected to the office without having prosecuted a court case. Shapiro, he said, “had a very similar background [like] I did. And I believe he did pretty good at the job.”
Sunday countered that Shapiro had legal and other experience that DePasquale lacked. And asked about his top priority in office, he cited a number of public-safety threats: “Now is not the time for on-the-job training,” he said.
By contrast, DePasquale said his top priority would be protecting democracy, which he said “has clearly been under threat. The next attorney general will be dealing with litigation that will protect everyone's right to vote, and make sure that that vote is counted accurately.”
The attorney general’s office handles high-level criminal cases, defends the state in court, shields consumers from scams and has challenged the federal government in court. Those tasks are being handled by Attorney General Michelle Henry, who was appointed to replace Shapiro after he was elected governor but who pledged not to run for a full term.
The two candidates fielded an hour’s worth of questions about their qualifications and vision for the post from WGAL anchor Brian Roche. And differences emerged on a number of key issues.
Abortion
In the wake of the U.S. Supreme Court’s Dobbs decision to overturn the Constitutional right to an abortion, DePasquale said he’s an ardent defender of a woman’s right to choose.
“I will never prosecute a woman or a doctor that performs an abortion,” he said. “If you want someone that's going to put a woman in jail that has an abortion, you're going to need another attorney general, because it's not going to be me.”
Sunday said he’s committed to enforcing state law, and that he was confident the political process would not allow the law to criminalize abortion.
“When you talk about potential future legislation, the reality is you're talking about the will of 13 million Pennsylvanians,” Sunday said. “I have enough belief in the citizens of Pennsylvania, in our legislature, and in the governor, to believe that what you're talking about just would never happen.”
Recreational marijuana
DePasquale noted that he was an early proponent of legalizing recreational use of marijuana. “In 2017, I came out with a report calling for the regulation and taxation of cannabis,” he said. “I believe it would be smart policy and smart safety for our communities to legalize it.”
Legalizing the drug would make it harder for children to obtain, he said.
Sunday scoffed at that claim and took a more cautious approach, citing concerns about a rise in automobile accidents and contending “The marijuana right now that we are arresting, that we're getting from kids … is unbelievably more potent than marijuana from years ago.”
Drug advocates contend that legalizing the cannabis market would curb anxieties about its safety and alert smokers to its potency. But Sunday warned of legalization, “Once you put the toothpaste out of the tube, it's not going back in.”
Death penalty
DePasquale said he supports Shapiro’s decision to continue a death penalty moratorium initiated by former Gov. Tom Wolf. DePasquale said that while he would enforce the law, he has “serious reservations” about using the death penalty, including the risk of killing someone wrongly convicted.
“I do support the legislature making it illegal in Pennsylvania,” he said.
Sunday disagreed, saying some crimes are heinous enough to warrant death, like killing a child or police officer. “If the death penalty is called for in those cases, then I will support it,” he said. Still, he called it “a last resort.”
Other candidates?
Notably, four third-party candidates were absent from the debate stage. On the ballot Nov. 5 will also be Richard Weiss (Green Party), Justin Magill (Constitution), Rob Cowburn (Libertarian), and Eric Settle (Forward). Sunday and DePasquale will meet again on Oct. 15 in a debate hosted by Harrisburg ABC affiliate WHTM.
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