Democratic primary

Doherty decisively defeated primary challenger Dan Grant on the March 4, 2008 primary, with 61% to 39% out of 85,000 votes cast.^[7]

During the primary, Doherty was criticized by supporters of his primary opponent because his campaign treasurer, Houston philanthropist Jim "Mattress Mac" McIngvale, had participated in a fundraiser for Republican Mitt Romney's presidential campaign. Doherty used the criticism as an opportunity to point out his political independence. "I'm not going to be anybody's rubber stamp, and my treasurer is free to support anybody he wants to," Doherty said. "This is an independent country, last time I checked."^[8]

Campaign message

Focusing on his own record in legal ethics, Doherty's critique of McCaul focused on the incumbent's association with former Republican Majority Leader Tom DeLay. One mail piece highlighted McCaul's vote to change House ethics rules in a way that would have allegedly benefited DeLay.^[9] Doherty's campaign also aired a television ad titled, "The Code," attempting to tie McCaul to the unfolding financial crisis by highlighting McCaul's Wall Street contributions and his vote against capping CEO salaries.^[10]

McCaul refused to face Doherty in a debate setting. According to the Houston Chronicle, "McCaul, an Austin Republican representing the district that includes a chunk of northwest Harris County, steadfastly refuses to debate his Democratic opponent, a colorful lawyer who once served as judge on the TV series Texas Justice."^[11] The Austin American Statesman provided three possible dates to McCaul's campaign, which were rejected.^[12] Doherty and McCaul are believed to have only met once during the campaign, at a Houston Chronicle interview.^[13]

The Statesman later endorsed Doherty's candidacy, citing McCaul's refusal to debate.

National Democratic support

Doherty's strong fundraising efforts and closing polling numbers elevated the race's national profile. Originally considered "Safe Republican" and a long shot at best for a Democratic challenger, the respected Cook Political Report eventually upgraded the race over time to "Leans Republican." In mid-October, the Democratic Congressional Campaign Committee (DCCC) designated the district a member of its "Red to Blue" program, directing additional funds and national support to Doherty's campaign. Former U.S. President Bill Clinton also recorded a robocall urging support for Doherty.^[14]

Iraq quote controversy

In October 2008, McCaul supporters criticized Doherty's controversial comments on the Iraq War in an interview with the Austin Chronicle that, "We've killed children for oil [in Iraq]."^[5] An Iraq War veteran, James Crabtree, criticized Doherty's comment in a letter, in online postings, on various radio programs, and eventually organized a protest at the Doherty for Congress campaign office.^[15] Doherty's statement produced a stern response from various veterans, Vets for Freedom, and Gold Star parents that felt his quote was akin to calling troops "baby killers" during the Vietnam War. They called on Doherty to apologize or explain his remarks.^{[citation needed]} Doherty and his campaign never responded to this controversy.

Television show controversy

Attempting to generate press late in the campaign, Doherty's opponent McCaul recycled attempts by supporters of Doherty's primary opponent to insinuate Doherty was racially insensitive. McCaul's campaign released a series of clips from Doherty's show, Texas Justice, claiming Doherty mocked African-American participants. Also, Doherty was endorsed early in his campaign by the Black Austin Democrats and the Houston Black American Democrats,^{[citation needed]} and independent polling showed Doherty with a 7-to-1 advantage over McCaul among African-American voters.^[16]

Doherty's campaign spokesperson responded, "He gets a great response to it. People still identify him with it and they truly loved watching that show. What he always worked to do through each episode was to let people know what they did wrong and that there's hope."^[17] And one entertainment reviewer directly refuted McCaul's attack:

But, the criticism of a political opponent that he mocked African-Americans on the show was entirely undeserved. When it came to mocking litigants, Larry Joe was equal opportunity all the way.^[3]

McCaul's use without permission of material from a blogger who supported Doherty's primary opponent led to McCaul's website being blocked from the Internet.^[18]

Election results

Doherty lost to McCaul by a 54% (179,493) to 43% (143,719) margin with the Libertarian, Matt Finkel, taking the remainder of the votes. McCaul won majorities in six of the eight counties in the district and overcame Doherty's 77,043 votes (60%) in liberal Travis County by running up 98,122 votes (68%) in the conservative northwest portions of Harris County.^[19]

Doherty would be named by the Austin Chronicle as the "biggest loser" for the fact that he received more votes than nine other candidates that won their congressional elections.^[20]