I'll give Ken Cuccinelli credit, at least he admitted it was him on the tape:
In a statement Monday, Cuccinelli said: “I absolutely believe that President Obama was born in the United States. I don’t buy into the claims that he wasn’t. On the recording, I was asked a hypothetical legal question, and I gave a hypothetical legal answer in response.”
Cooch is getting some widespread ridicule for this statement- and rightfully so. On the tape, he left open the possibility of using the AG's office to challenge the birth certificate (the correct answer to that was "no, I won't use the AG's office to do that") and he brought up the Kenya conspiracy theory first- as well as saying it wasn't "beyond the realm of possibility". I can't imagine he would have engaged in the same "hypothetical" banter with someone who was asking how to expand abortion rights, gay rights or gun control in Virginia.
In short, Ken likes to play the game where he mobilizes his base behind the scenes with ugly and extreme rhetoric and in this case he got burned. Cooch was my State Senator when I lived in Fairfax and this was his playbook back then as well. Households would get "surveys" on the telephone asking issues in the most extreme context possible (i.e. not "pro-choice" vs. "pro-life" but "should there be criminal penalties for doctors who perform partial birth abortions"). I don't remember the exact questions from each one, but you get the idea. The reason Cooch would do this would be to get less people to agree with the extreme position than who might agree with him on the broader issue. That smaller group would be much more solid and likely to vote on the issue, and Cooch would then target their households with extreme rhetoric on the issue through targeted mailings- until they were worked into such a froth that they would vote for him if they had to walk through a hailstorm. If you were an Independent who didn't want these extremes in the surveys you would get mail with nice color pictures of Ken and his family talking about supporting public schools, controlling growth, protecting the local quality of life, etc. In low turnout state legislative elections the strategy worked every single time- but it became less and less effective every election as Ken fell from 55% to 53% to 50.1% in his last election. It was time to eject and find some new voters- which is why he ran statewide in 2009.
But since Ken apparently now will answer all "hypotheticals", let's hold him to that. I found this great list of the top 10 conspiracy theories online. This list includes the 9/11 "truthers", the "mooners", the "51ers" and even the "chickeners". Let's get him on the record on how the Attorney General's office could "hypothetically" deal with each issue!