Rob McKenna challenges Russian diesel deal, weighs WA Supreme Court elections and income tax

Former Washington Attorney General Rob McKenna said President Donald Trump’s plan to import Russian diesel violates federal law and will likely face a court challenge, even as the administration seeks relief from high fuel prices.

Speaking on “Seattle’s Morning News,” McKenna said a 2022 law bars Russian energy imports unless the president certifies that Russia has met conditions involving an agreement to withdraw its forces from Ukraine and cease military hostilities.

“This law is extremely clear,” McKenna said. “I don’t think he can just ignore the law.”

McKenna said Russia has not satisfied the conditions necessary to lift the ban. He predicted courts would block imports under the proposed deal, though he did not identify a lawsuit already filed.

He described Trump’s announcement as a political signal to farmers and other voters struggling with diesel costs during the war with Iran.

“He obviously has a political reason to announce this deal with Russia,” McKenna said, arguing Trump wants affected voters to believe he is addressing their concerns.

5 WA Supreme Court seats put judiciary in voters’ hands

The interview also turned to Washington’s elections, where McKenna said five seats on the nine-member state Supreme Court give voters an unusually consequential opportunity to shape the judiciary.

According to McKenna, two seats are on the ballot because justices resigned and their appointed replacements must face voters. Three others are regularly scheduled contests, including two involving incumbents leaving at the end of their terms.

“Voters are supposed to select our Supreme Court justices,” he said.

McKenna criticized what he described as a pattern of judges seeking reelection, then resigning before completing their terms, allowing governors to appoint successors.

He also argued the court has moved too far left, pointing to its decision invalidating Washington’s felony drug possession law and the resulting reimbursement of legal financial obligations tied to those convictions.

Those comments reflected McKenna’s assessment of the court, rather than the views of the candidates interviewed by the program.

McKenna argues WA’s income tax violates state constitution

The court’s role in tax disputes was another focus. Asked whether a paycheck constitutes property, McKenna said the answer should be straightforward.

“Yes, clearly it does,” he said. “Your income is your property. You have ownership rights to it.”

McKenna said Washington’s constitution defines property broadly enough to encompass income. Under his interpretation, an income tax must comply with constitutional property tax restrictions, including uniformity requirements and a 1% limit.

He said voters have repeatedly rejected constitutional amendments that would change how income is treated.

McKenna’s position is central to his argument against the income tax lawmakers enacted this year. He characterized that tax as unconstitutional; that characterization is a legal contention, not a court ruling established in the interview.

He also highlighted Initiative 645, which he said would repeal the tax, and urged voters to pay attention to legislative contests.

McKenna warned that some legislative candidates favor lowering the tax’s income threshold from $1 million to $250,000 or less.  He said that possibility reinforces the importance of choosing lawmakers, alongside justices and congressional representatives.

“Legislative races really matter,” McKenna said.

Together, he said, the judicial races, tax repeal measure and legislative contests make this election important for Washington voters concerned about taxation and the balance of power in state government.

Manda Factor is the host of “Seattle’s Morning News” on KIRO Newsradio. Follow Manda on X and email her here. 

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