The Spin: One word undercuts former AG Rob McKenna’s accusation against Nick Brown in WA millionaires’ tax fight

In PR, every word matters, and former Washington Attorney General Rob McKenna’s recent escalating criticism of the state’s new tax on wealthy residents and accusations that current Attorney General Nick Brown was working too closely with lawmakers crafting the controversial measure came down to one word.

McKenna, who is leading the legal challenge against Washington’s new so-called “millionaires’ tax,” recently told The Center Square he had never before seen the Attorney General’s Office “actively collaborating with a legislative sponsor on how to draft a bill” designed to potentially overturn decades of constitutional precedent.

“I had not seen before this week an example of the AG’s office actively collaborating with a legislative sponsor on how to draft a bill that could get the Constitution basically reinterpreted, and 95 years of precedent overturned,” McKenna said.

The lawsuit centers on Washington Democrats’ newly approved tax targeting high-income households, a measure supporters say is needed to help close multibillion-dollar budget gaps and fund state services.

But McKenna’s wording appears carefully chosen

Rather than directly accusing Brown of violating the constitution or orchestrating a reinterpretation of state law, McKenna said the legislation “could” lead to constitutional changes — language political observers say leaves room for political criticism without making a direct legal accusation.

The distinction is significant because directly alleging improper constitutional manipulation by the Attorney General’s Office could imply misconduct investigations or impeachment-level accusations.

Instead, McKenna’s remarks appear aimed at framing Democrats as aggressively pursuing a legal strategy to defend the tax while stopping short of alleging outright wrongdoing.

The debate highlights growing political and legal tensions surrounding Washington’s new tax structure and the broader fight over whether the state can expand taxation on high earners without violating longstanding constitutional precedent.

The lawsuit against the tax is expected to become one of the most closely watched legal battles in Washington state politics this year.

Follow Luke Duecy on X. Read more of his stories here. Submit news tips here.