Ready to Fight for Job, Bitter Lungren Asserts : Treasurer Nominee Rejected by Senate Weighs His Options

Rep. Daniel E. Lungren, oozing bitterness over the Senate’s rejection of his nomination as state treasurer, strongly indicated Friday that he will press his case in court, declaring, “I am totally committed” to assuming the treasurer’s office.

Facing reporters for the first time since the vote, Lungren was intentionally vague about whether he will seek to take the oath of office or wait until a court decides if rejection by one house of the Legislature is sufficient to deny him the post, as Atty. Gen. John Van de Kamp and the Legislature’s lawyer maintain.

But the Long Beach Republican made it clear that he was stung by the legislative outcome as he described the Senate’s stormy confirmation deliberations as a “kangaroo court” and complained that he had been victimized by the “treachery” of a senator who changed his vote at the last minute.

“I’ll fight them on land. I’ll fight them on sea. I’ll fight them in the air,” Lungren declared in a defiant challenge to the Senate’s Democratic leadership. “That kind of gives you an idea how I feel about it.”

Lungren said he plans to meet with lawyers and his family over the weekend before deciding what course of action to take, including whether to resign his seat in Congress or seek reelection by the March 11 filing date.

He emphasized that his goal in either event is to assume the treasurer’s office in a way that does not place a legal cloud over the state’s authority to sell bonds.

However, acting Treasurer Elizabeth Whitney said she has already indefinitely delayed a $140-million prison bond sale that had been scheduled for March 8. Other bond sales planned for April have also been put on hold, she said.

“As long as there is any kind of a lawsuit going on, we can’t sell bonds,” Whitney said.

The dispute over Lungren’s fate occurred after the Legislature split Thursday on Lungren, with the Senate rejecting him on a 19-21 vote and the Assembly voting to confirm him 43-32.

Van de Kamp and the Legislature’s chief lawyer, Bion M. Gregory, issued opinions long before the vote saying a 12-year-old constitutional amendment that governs appointments to statewide office requires confirmation by both houses. Deukmejian insists that confirmation by one house is sufficient, but he has presented no legal opinion to back his argument.

Constitutional Provision

The key constitutional provision states that the governor’s nominee “shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly. . . . In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly . . . the nominee shall take office as if he or she had been confirmed. . . .”

Asked to explain his legal case, Lungren said he was relying on the “plain reading” of the state Constitution and quipped, “I consulted a couple of attorneys named Funk and Wagnalls.”

Before Thursday’s vote, Deukmejian had talked about swearing Lungren into office immediately after Monday’s confirmation deadline. But Friday, the governor made no public pronouncements, allowing Lungren to speak for the two of them.

But the governor’s office joined Lungren in trying to put a favorable spin on the Senate loss. Lungren and Deukmejian press secretary Kevin Brett both contended that their side actually had won the fight because Lungren received a majority of all the votes cast in both houses of the Legislature combined--a figure that is meaningless in a Legislature where both houses operate separately and have independent authority.

Van de Kamp, meanwhile, released a statement in which he strongly asserted that Lungren’s appointment is dead.

“With the Senate vote to deny confirmation, Mr. Lungren has been, in the words of the Constitution itself, ‘refused confirmation,’ ” the Democratic attorney general said.

The dispute presents a tough dilemma for Lungren. To be sworn in as treasurer, Secretary of State March Fong Eu said the five-term congressman must quit his congressional seat. Yet to be assured of a job in the event a court challenge fails, Lungren would have to immediately file for election to the office he had just resigned.

Could End Up With No Job

Lungren could find himself in the uncomfortable position of campaigning but being unable to assure voters he would serve in Congress if the courts upheld his claim on the treasurer’s job. Ultimately, he could end up with no job at all.

To avoid that, Lungren said the Administration is considering a scenario whereby Deukmejian would refuse to administer the oath of office and then Lungren would sue the governor to win the job.

Under this plan, Lungren could keep his congressional seat and the Administration would determine where the battle would be fought. Presumably, that would be in the state Supreme Court, controlled by Deukmejian appointees.

“I have more confidence in the Supreme Court than I had in the kangaroo court,” said Lungren, referring to the Senate.

During Friday’s press conference, Lungren was subjected to aggressive questioning and responded tersely as he was called on to defend Deukmejian’s refusal to personally contact likely “swing votes” before Thursday’s showdown.

Citing a form letter that Deukmejian sent to about 20 lawmakers late last week, Lungren finally told reporters in exasperation: “I don’t understand what you folks are talking about. When the governor of the state of California sends you a letter and says to you, ‘I’m really interested in talking with you. If you have any questions about this, call me,’ what do you need, an engraved invitation?”

Later, he added: “I’ve been in Washington, D.C., dealing with the President of the United States and dealing with senators and congressmen. I never felt it was an insult to me or somehow was an ego (deflator) for me to pick up the phone and call the White House and talk to the President of the United States. . . .”

Critical of Kopp

Lungren flashed anger when asked to comment on a crucial vote cast against him by the Senate’s only independent, Quentin Kopp of San Francisco, after Kopp had publicly declared he would support the Lungren nomination.

“I’m not sure what you call that,” Lungren shot back. “But I looked at my dictionary to a word called treachery. That says violation of allegiance, confidence or faith. That seems to fit pretty well in that case.”

Kopp said Friday he had been persuaded by a last-minute outpouring of opposition from constituents.