CHARLESTON – West Virginia Gov. Jim Justice and Attorney General Patrick Morrisey are in a war of words regarding a post the AG made regarding the governor’s latest mask mandate.
On November 13, Justice issued an amended mask mandate that requires facial coverings to be worn in all public buildings at all times whether or not social distancing can be observed.
During his November 18 COVID press briefing, Justice again stressed he thinks the revised mask mandate will help. He also said he would consider calling the state Legislature into special session if necessary to add criminal charges for failure to wear masks in public buildings.
Morrisey
Later in the day, Morrisey made a social media post about how the governor does not “have the right to legislate or deem criminal charges on people.”
“We agree and elaborate further on this issue,” Morrisey’s Facebook post stated. “As your Attorney General, we speak for the state on criminal matters at the appellate level and handle all criminal appeals at the (state) Supreme Court and in the federal courts. We also speak for the legal interests of the people of West Virginia.
“During this pandemic, I will continue to ensure that any efforts to use the criminal code for any purpose are not applied in an arbitrary, improper, or heavy-handed manner. Let’s be clear: no one is going to send people to jail and that simply should not be occurring with respect to the governor’s executive orders.”
Morisey noted that early in the pandemic, his office was asked about seeking court action against a Berkeley County barbershop owner who refused to close despite an executive order calling him to do so. Morrisey said such a move would have been government overreach.
“We will continue to weigh in similarly if such a fact pattern arises again,” Morrisey posted. “Significantly, our office will utilize its criminal appellate enforcement discretion to ensure that no one impinges upon our constitutionally protected freedoms.”
Later in the evening, the governor’s office issued a statement about Morrisey’s post.
“I was saddened this evening to see the statement that Attorney General Morrisey posted to his Facebook,” Justice said. “With the overwhelming majority of West Virginians in favor of wearing masks, it is extremely disheartening that he doesn’t also strongly support the wearing of masks, especially after all our medical experts on a state and federal level have made it abundantly clear that wearing a mask works to stop this virus.
“West Virginians have entrusted me to make the right decisions in the best interest of our health and prosperity. I will work tirelessly to keep our businesses open, our people working, and our schools open. Wearing our masks, while inconvenient, will help. I consider it an honor to be in this position. I have always done what I believe in my heart is best for all West Virginians and I promise you I will not stop until we stop this pandemic.”
But in his post, Morrisey did say mask wearing and other measures are important.
“This is a serious virus and everyone must do their part to protect the public,” Morrisey wrote in his Facebook post. “Socially distance, wear coverings, keep good hygiene, minimize personal contact, and stay away from immunocompromised individuals, who may be particularly susceptible to the virus.
“We cannot and must not shut down our state — we must protect the public health while staying open. Act responsibly and know we will use our constitutional authority to protect your freedoms and the due process you are afforded to the fullest extent the law allows.”
And later in a Twitter comment regarding the back-and-forth, Morrisey downplayed the idea of a feud between he and Justice.
"No squabble," Morrisey wrote in a Twitter reply. "Greatly respect the Gov. As the post says, we agree with the Governor who is working hard to protect WV. He has a very tough job. Just weighing in on the AG’s role in the equation."
Justice and Morrisey, both Republicans, both recently won re-election for another four-year term.