Moran resigned as his father’s campaign field director Wednesday, after the video – produced by the Project Veritas activist group – was published online.
The video shows the congressman's son engaging a discussion – which he did not initiate -- about forging utility bills, which can be used as voter identification at the polls in Virginia. They'd "have to look legit," Patrick tells the undercover reporter.
Cuccinelli said he does not expect to be asked by the State Board of Elections to investigate Moran.
Asked why, he responded, “Well first of all it’s not my decision. Second of all because unlike take the Shenandoah Valley situation (a case involving voter registration fraud), we literally had voter registration forms that were pulled out of the trash. I mean the offense had already occurred," Cuccinelli said Thursday on the WMAL radio show “Mornings on the Mall” with Brian Wilson.
“Here they (Moran and the reporter) were talking about how one might commit an offense, but there’s no indication that any offense took place. That’s a major, major difference. We don’t go after people because we don’t like their openness to these sorts of things. We go after people for criminal violations when they actually commit violations,” he said.
Cuccinelli also said the Attorney General’s office “does not have authority to investigate” Moran, unless it is asked to do so by the State Board of Elections.
“The first thing for people to understand is in Virginia, the Attorney General does not have authority to investigate something like this.”
Asked why he doesn’t have the authority to investigate, Cuccinelli replied, “Because we have lousy enforcement laws, in my humble opinion, related to our election laws. Now -- having said that -- when the State Board of Elections votes unanimously as they did yesterday to ask us to investigate something--they asked us to investigate the trashing of voter registration forms in the Shenandoah Valley-- then we are brought into a case but not until then.”
He continued, “Right now, the only person who will have any authority over this is the Commonwealth Attorney, the elected prosecutor for Arlington County, because I believe this happened in Arlington.”
In a statement issued Wednesday night, Patrick Moran said, “In reference to the ‘O'Keefe’ video, at no point have I, or will I ever endorse any sort of illegal or unethical behavior. At no point did I take this person seriously. He struck me as being unstable and joking, and for only that reason did I humor him.
“In hindsight, I should have immediately walked away, making it clear that there is no place in the electoral process for even the suggestion of illegal behavior: joking or not,” he said. “In regards to my position on the campaign, I have stepped down because I do not want to be a distraction during this year's critical election.”