On April 4, 2007, Doherty announced his candidacy for the
United States House of Representatives for the
Tenth Congressional District of Texas, the seat currently held by
Republican Michael McCaul. Doherty entered the race after McCaul's relatively low 2006 win percentage against Democratic opponent Ted Ankrum. The district had been designed to be safe for Republicans, but the
Austin Chronicle noted: Now, here we are five years down the road from
Tom DeLay's infamous re-redistricting of Texas. DeLay is gone from Congress, disgraced. Nationally, voters swept the Republican "permanence" away in 2006. Even DeLay's seat is now held by a Democrat, one of the very politicians whose career he tried to end. And here in Austin, another of those supposedly safe seats is under serious threat. Doherty's challenge generated intense interest among Texas and national political observers, as a seat previously thought to be "safe Republican" looked increasingly competitive. However, Doherty first had to survive the Democratic primary.
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. 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." {{Election box begin no change
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. 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. 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." The Austin American Statesman provided three possible dates to McCaul's campaign, which were rejected. Doherty and McCaul are believed to have only met once during the campaign, at a
Houston Chronicle interview. 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.
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." 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. 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, and independent polling showed Doherty with a 7-to-1 advantage over McCaul among African-American voters. 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." 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.
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. 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. {{Election box begin no change ==Continued political activism==