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Fairfax also accuses Richmond Mayor Levar Stoney of involvement in a scheme to make charges public
♦By Rich Shumate, ChickenFriedPolitics.com
RICHMOND (CFP) — After seven months of publicly fighting politically damaging allegations of sexual assault, Virginia Lieutenant Governor Justin Fairfax has struck back with a $400 million defamation suit against CBS, accusing the network of abandoning “sound, standard journalistic practices” when it aired interviews with Fairfax’s two accusers in April.
In a complaint filed in federal court in Alexandria, Fairfax’s lawyers also accuse CBS of bias in pursing the story because of its “own significant problems with #MeToo scandals” involving three prominent figures forced out at the network over allegations of improper conduct.
The complaint also accuses Richmond Mayor Levar Stoney — a fellow African-American Democrat and political rival of Fairfax — of being involved in the effort to make the women’s charges public, an allegation a spokesman for the mayor dismissed as “offensive.”
For good measure, Fairfax also dragged former Democrat Governor Terry McAuliffe into the fray, accusing him in the lawsuit of having an interest in derailing Fairfax’s political career and noting he was the was the first major official in Virginia to call on Fairfax to resign after the allegations surfaced.
The complaint said Fairfax is suing “to restore his reputation and clear his name, ensure the truth prevails, [and] stop the weaponization of false allegations of sexual assault against him.”
Because Fairfax is a public figure, winning a defamation lawsuit against CBS will be extraordinarily difficult. He will need to prove not only that the allegations are false but also that CBS knew or didn’t care that they were false — a legal bar that’s almost impossible to clear.
In response to the lawsuit, a CBS spokesperson issued a brief statement saying, “”We stand by our reporting, and we will vigorously defend this lawsuit.”
A lawyer representing Vanessa Tyson, one of Fairfax’s accusers, accused the lieutenant governor of “victim-blaming” and called again for the legislature to hold public hearings on the allegations, which Fairfax and legislative Democrats have resisted.
The sexual assault controversy began in February when Tyson, now a college professor in California, went public with her allegation that he sexually assaulted her in a Boston hotel room during the 2004 Democratic National Convention, where both were working.
The story first broke on a conservative website Big League Politics, based on information from a private Facebook post made by Tyson.
At the time, Governor Ralph Northam was under pressure to resign after racist photos surfaced on his medical school yearbook page, which would have a made Fairfax Virginia’s governor.
Days later, a second woman, Meredith Watson, came forward to say Fairfax had raped her in 2000, when both were students at Duke University.
CBS anchor Gayle King interviewed both women for segments on network’s morning show, which were heavily promoted and drew significant media attention when their aired in April.
Fairfax has admitted having sex with both women but has insisted the encounters were consensual. His lawsuit alleges that the assault charges were a “politically motivated” tactic to keep Fairfax out of the governor’s chair.
The lawsuit alleges that Tyson allowed her friend Adria Scharf to make the Facebook post public, which got the ball rolling on the assault allegations. Scharf’s husband, Thad Williamson, a former key aide to McAuliffe, is an adviser and close friend of Stoney, as well as a friend and former classmate of Tyson, according to the lawsuit.
Stoney “views Fairfax as a political rival who has been positioned to delay Stoney’s desired run for Governor” in 2021, according to the lawsuit.
The complaint also alleges that Fairfax had been warned in 2018 that if he ran for governor in 2021, “Stoney, Williamson, and Scharf intended to promote a supposedly damaging, uncorroborated accusation against Fairfax involving Tyson in an attempt to harm Fairfax personally and professionally and to derail his political future.”
A spokesman for Stoney told the Richmond Times-Dispatch that the allegations in the lawsuit were “100 percent untrue and frankly, it’s offensive.”
If the lawsuit ever gets to trial, one of CBS’s own lawyers, who was a classmate of Fairfaix and Watson at Duke, may be a key witness in the case.
According to the complaint, after Watson went public with her allegations, the lawyer had text message conversations with Fairfax expressing the view that her charges were false, based on information from someone else whom Fairfax says was an eyewitness to their consensual encounter.
However, the lawyer, who is not named in the suit, did not actually witness the encounter, according to the lawsuit.
The suit also alleges that CBS ignored exculpatory evidence provided by Fairfax’s legal team before the interviews aired and “sought to visibly align itself on the side of perceived victims to improve its public image” in the wake of its own #MeToo scandals.
Three high-ranking CBS figures — Les Moonves, the network’s CEO; Jeff Fager, the executive producer of “60 Minutes;” and morning anchor Charlie Rose — all resigned amid allegations of misconduct.
Northam resisted calls to resign and remains governor. However, under state law, he can’t see re-election in 2021, opening up the seat for competitive primaries in both parties.
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Political support for Virginia lieutenant governor collapses, with impeachment threat on the table
♦By Rich Shumate, ChickenFriedPolitics.com editor
RICHMOND (CFP) — Virginia Lieutenant Governor Justin Fairfax’s political problems have gone from bad to worse after a second woman stepped forward Friday to accuse him of sexual assault, with his political support in free fall as his fellow Democrats desert him.
Fairfax is now calling for an FBI investigation into claims of sexual assault made by Meredith Watson, who says he raped her in 2000, and Vanessa Tyson, who says he forced her to perform oral sex on him in 2004.
In a statement issued Saturday, he acknowledged having consensual sexual encounters with both women but urged Virginians not to “rush to judgment” before the claims are investigated.
“I say again without reservation: I did not sexually assault or rape Meredith Watson, Vanessa Tyson or anyone else,” he said in a statement released late Saturday. “Our American values don’t just work when it’s convenient — they must be applied at the most difficult of times.”
But Fairfax is facing momentum growing against him, including a call for his resignation by the Democratic Party of Virgina, which put out a statement on Twitter calling the sexual assault allegations “credible” and saying the lieutenant governor “no longer has our confidence or support.”
Fairfax — the only African American holding statewide office — has even lost the support of the members of the Legislative Black Caucus, who said in a statement that “we can’t see it in the best interest of the Commonwealth of Virginia for the Lieutenant Governor to remain in his role.”
Meanwhile, Democratic Delegate Patrick Hope of Arlington said he will introduce articles of impeachment to remove Fairfax if he does not step down by Monday.
“As the father of three young girls, I cannot stand by silently while the lieutenant governor is facing multiple, credible allegations of sexual assault,” Hope told reporters at a news conference Friday night. “My sincere hope is that this will not be necessary and the lieutenant governor will heed the calls of many to resign this weekend.”
The latest allegations are a stunning reversal in the political fortunes of Fairfax, who just a week ago was poised to take over as governor with Governor Ralph Northam under pressure to resign over a racist photo on his medical school yearbook page.
Should Fairfax resign, Northam — or whoever is sitting in the governor’s chair — will pick a replacement, with an election in November to fill the final two years of Fairfax’s term. Impeachment would be a decision for the Republican-controlled legislature.
In a statement released Friday, lawyers for Watson alleged that Fairfax raped her in 2000, when they were both students at Duke University. The statement did not give details of the attack but described it as “premeditated and aggressive.”
Her attorneys also indicated that she has emails and Facebook posts that document that she told other people about the attack right after it happened. She decided to come forward after learning of a claim made earlier in the week by Tyson, a California college professor who said Fairfax sexually assaulted her during the Democratic National Convention in Boston in 2004, according to her attorneys.
“Ms. Watson was upset to learn that Mr. Fairfax raped at least one other woman after he attacked her,” the statement said. “(She) is reluctantly coming forward out of a strong sense of civic duty and her belief that those seeking or serving in public office should be of the highest character. She has no interest in becoming a media personality or reliving the trauma that has greatly affected her life.”
Democratic leaders largely stood by Fairfax after Tyson’s allegation. But the dam burst once Watson came forward, imperiling the political future of a man who had been seen as a rising star in Democratic politics.
“The allegations against Justin Fairfax are serious and credible,” McAuliffe said on Twitter. “It is clear to me that he can no longer effectively serve the people of Virginia.”
“The allegations against him detail atrocious crimes, and he can no longer effectively serve the Commonwealth,” Kaine tweeted. “We cannot ever ignore or tolerate sexual assault.”
Virginia’s other Democratic U.S. senator, Mark Warner, and the dean of its U.S. House delegation, Democrat Bobby Scott, both stopped short of calling for Fairfax’s immediate resignation, although they said he should resign if the charges are substantiated.
Several 2020 Democratic presidential candidates also called for Fairfax to resign, including Elizabeth Warren, Kirsten Gillibrand and both African Americans in the race, Cory Booker and Kamala Harris.
“The allegations … are corroborated, painful stories of sexual assault and rape. It’s clear Virginia Lieutenant Governor Justin Fairfax should resign his office,” Harris said on Twitter.
The new allegations against Fairfax cap a week of turmoil in the Old Dominion, with all three top statewide Democratic elected officials enmeshed in controversy, a little over a year after they were swept into office in a Democratic wave
The turmoil began when Big League Politics, a conservative website, published a photo from Northam’s 1984 medical school yearbook page showing a man wearing blackface and another in Ku Klux Klan regalia.
After first appearing to concede that he was in the photo and apologize, Northam then said he does not be believe he is one of the men in the photo.
But after apologizing for allowing the photo to be published on his page, he compounded his problems by admitting that he darkened his face to impersonate Michael Jackson in a dance contest while serving as an Army doctor.
In his first interview since the scandal broke, with the Washington Post, Northam said he will not resign and would spend the remaining three years of his term working for racial reconciliation in the commonwealth. He also said he “overreacted” in quickly issued his initial apology that he later walked back.
Adding to the meltdown in Richmond was an admission by Attorney General Mark Herring that he wore blackface while impersonating a rapper when he was an undergraduate at the University of Virginia.
However, Democratic leaders have so far not bailed on Herring, which prompted the Republican Party of Virginia to accuse them of hypocrisy and giving the attorney general “a hall pass.”
“What is the difference between Governor Northam’s blackface and AG Herring’s?” said Jack Wilson, state GOP chairman, in a statement. “If there is no difference, shouldn’t Democrats call for both to resign?”
Wilson said Democrats were protecting Herring to maintain “their stranglehold” on state government. If Northam, Fairfax and Herring were to all depart, House Speaker Kirk Cox from Colonial Heights would take over as governor — flipping the office from Democrat to Republican.
However, that would only be possible if Northam left first. If he were still governor when Fairfax resigned, he could pick a replacement who would supplant Cox in the line of gubernatorial succession.
If Herring resigns, the legislature would pick his replacement if lawmakers in session; if not, then Northam would pick a replacement who would serve until the legislature reconvenes.
The current legislative session is scheduled to end on February 23.
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Northam’s amended narrative comes after growing number of Democrats pressure him to step down
♦By Rich Shumate, ChickenFriedPolitics.com
RICHMOND (CFP) — A day after saying he was “deeply sorry” for a photo on his medical school yearbook page in which two men are shown wearing racist costumes, Virginia Governor Ralph Northam now says he believes he is not pictured in the photo and will not resign.
But while addressing reporters Saturday with his political career hanging by a thread, Northam admitted to another incident that could compound his difficulties — that he darkened his face with shoe polish to impersonate Michael Jackson in a dance contest in 1984, the same year the offensive photo was published.
After the news conference, during which the governor offered a frequently disjointed narrative under questioning from reporters, his political position deteriorated further.
“I cannot condone the actions from his past that, at the very least, suggest a comfort with Virginia’s darker history of white supremacy, racial stereotyping, and intimidation,” said Fairfax, who is African American. “At this critical and defining moment in the history of Virginia and this nation, we need leaders with the ability to unite and help us rise to the better angels of our nature.”
The Democratic governor said his initial statement on Friday — made after the photo appeared on a conservative website, Big League Politics — was an apology directed at people who were offended by the photo, not an admission that he had participated in it.
“When my staff showed the photo in question yesterday, I was seeing it for the first time,” Northam said the news conference in the Executive Mansion, standing next to his wife, Pam. “When I was confronted with these images yesterday, I was appalled that they appeared on my page. But I believe now and then that I am not either of the people in this photo.”
“I stand by my statement of apology to the many Virginians who were hurt by seeing this content,” he said. “It is disgusting. It is offensive. It is racist. And it was my responsibility to recognize and prevent it from being published in the first place.”
The photo was published in a yearbook for students at Eastern Virginia Medical School in Norfolk, from which Northam graduated in 1984.
The yearbook page is headlined with Northam’s name and contains two pictures of him, along with a third photo in which one man is wearing blackface and another is dressed in Ku Klux Klan regalia.
Northam said that after looking more closely at the photo and talking to his medical school classmates overnight, he does not believe he is the man in blackface and that “there is no way I have ever been” in a KKK uniform.
He also said he had no recollection of attending the party where the photo was taken.
The governor conceded that he understands “that many people will find this difficult to believe.”
Northam has come under intense pressure to resign, not only from Republicans but from within his own party. But he said he would stay as governor and try to repair relationships with those offended by the photo.
“If I were to listen to the voices calling on my to resign my office today, I could spare myself from the difficult path that lies ahead. I could avoid an honest conversation about harmful actions from my past,” he said. “I cannot in good conscience chose the path that would be easier for me in an effort to duck my responsibility to reconcile.”
However, Northam indicated he might revisit the issue of resignation if the controversy affected his ability to serve as governor.
The lengthening list of Democrats calling for Northam to step aside includes his predecessor as governor, Terry McAuliffe; Tom Perez, chair of the Democratic National Committee; and six Democrats seeking the party’s 2020 presidential nomination, including U.S. Senators Kamala Harris and Cory Booker, both African Americans.
During the news conference, Northam said in 1984, while an Army doctor in San Antonio, he “darkened” his face with shoe polish while impersonating Michael Jackson in a dance contest, which he said he won because he could moonwalk.
He said he recalled the episode years later while talking about blackface with an African-American aide, which made him realize how offensive his conduct had been.
“In the time and place where I grew up, many actions that we rightfully recognized as abhorrent today were commonplace,” he said.
Northam — who ran for state office four times without anyone making the yearbook photo an issue — also said “there was an agenda involved” with whomever provided the yearbook page to Big League Politics, although he declined to speculate on a possible motive.
The website did not reveal the source of the photo.
The photo’s release came amid a firestorm of criticism aimed at Northam over comments he made in support of a bill easing restrictions on late-term abortions, which led conservative critics to accuse him of endorsing infanticide.
Describing a late-term abortion procedure, Northam said, “so in this particular example if a mother is in labor, I can tell you exactly what would happen, the infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired, and then a discussion would ensue between the physicians and the mother.”
Northam, 59, grew up on a farm on Virginia’s southeastern shore. After graduating from medical school, he served as a physician in the Army before entering private practice as a pediatric neurologist.
He was elected as governor in 2017, after serving a term as lieutenant governor and six years in the Virginia Senate.
Fairfax, 39, an attorney from the Washington D.C. suburbs, was elected lieutenant governor in 2017, after making an unsuccessful run for attorney general in 2013.
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Northam elected governor; Democrats sweep statewide races and make big gains in legislature
♦By Rich Shumate, ChickenFriedPolitics.com
Democrats also won two other statewide offices, and the GOP lost its once-comfortable majority in the lower house of the state legislature, a stunning feat that included election of the nation’s first-ever transgender legislator.
Northam’s 54-45 percent victory over Gillespie in the November 7 vote was nearly twice as large as Hillary Clinton’s margin of victory over Donald Trump in 2016 and was built on 20-point victories in the suburbs of Washington, D.C. and Richmond.
Holding the governorship in Virginia is a boon for Democrats frustrated by a string of heartbreaking defeats in special and off-year elections since Trump took the White House. The result, however, was a hold, not a takeaway, and it came in the lone Southern state Clinton carried.
Speaking to jubilant supporters in Fairfax, Northam offered a thinly veiled rebuke to the president’s take-no-prisoners style of politics.
“It was said that the eyes of the nation are on the commonwealth,” Northam said. “Today, Virginians have answered and have spoken. Virginia has told us to end the divisiveness, that we will not condone hatred and bigotry and to end the politics that have torn this country apart.”
After Northam was declared the winner, Trump, visiting South Korea, sent a tweet taking issue with Gillespie’s decision to distance himself from the president: “Ed Gillespie worked hard but did not embrace me or what I stand for.”
The specter of Trump hovered over the governor’s race. Gillespie did not invite the president to cross the Potomac to campaign for him, angering some in his party’s pro-Trump base, but Northam still tried to hang Trump around Gillespie’s neck, accusing the GOP nominee of figuratively “standing right next” to the president, even if literally he had not.
In his concession speech, Gillespie thanked his campaign workers and supporters but did not mention the president.
“I felt called to serve. I hope I’ll discern what (God’s) calling is for me next,” Gillespie said.
Gillespie’s loss is his second statewide defeat in four years. In 2014, he challenged Democratic U.S. Senator Mark Warner, coming to within 18,000 votes of beating him.
In the race for lieutenant governor, Democrat Justin Fairfax, an attorney and former federal prosecutor from the D.C. suburbs, defeated Republican State Senator Jill Vogel. Democratic Attorney General Mark Herring also won his re-election race over Republican John Adams.
Perhaps the most shocking result of the night came in the races for the House of Delegates, the lower house of Virginia’s legislature. Republicans entered election day holding a 66-34 majority; Democrats ousted at least 11 incumbents and picked up three open seats that the GOP had held.
With five races still too close to call, Democrats had 48 seats and Republicans 47. Of the five races left outstanding, Republicans were ahead in three and Democrats in two. If those results hold, the chamber would be evenly divided, 50-50.
In four of the five House races still to be decided, the leads are less than 125 votes, making recounts likely.
Among the winners was Danica Roem, a transgender woman who won a seat in Prince William County by defeating veteran GOP Delegate Bob Marshall, a 14-term social conservative who had described himself as Virginia’s “chief homophobe” and insisted on referring to Roem with male pronouns.
When Roem takes office, she will be the the first transgender person in the United States to be elected and serve in a state legislature while openly acknowledging her gender identity.
Northam’s win in the South’s lone off-year governor’s election gives Democrats three of the region’s 14 governorships, with Northam joining Louisiana Governor Jon Bell Edwards and North Carolina Governor Roy Cooper. The incumbent Democrat in Virginia, Governor Terry McAuliffe, was barred by state law from seeking re-election.
Northam, 58, comes to the governorship after 10 years in elected office, first as a state senator and then lieutenant governor. A former U.S. Army doctor, he has practiced pediatric neurology at a children’s hospital in Norfolk since 1992.
With his win, Democrats have now won three of the last four governor’s races in Virginia, a once solidly Republican state that has trended Democratic in recent years, primarily due to an influx of new voters into the Washington, D.C. suburbs.
Republican Ed Gillespie and Democrat Ralph Northam battle to lead the only Southern state Hillary Clinton carried
♦By Rich Shumate, ChickenFriedPolitics.com
RICHMOND (CFP) — Virginians decide Tuesday whether to raise their Democratic lieutenant governor to the state’s top job or turn the reins over to a senior operative from George W. Bush’s White House.
The lone off-year governor’s race in the South pits Ed Gillespie, a Bush aide and former head of the Republican National Committee, against Lieutenant Governor Ralph Northam, a pediatrician who has spent the past decade in state politics.
In addition to the marquee governor’s race, statewide races for lieutenant governor and attorney general are on the ballot, and energized Democrats are trying to flip a slew of state House seats to gain bragging rights heading into the 2018 midterms.
Polls across the commonwealth open at 6 a.m. and close at 7 p.m.
Of seven non-partisan public polls conducted since October 29 in the governor’s race, six showed results within the margin of error, making the results statistically insignificant. Just one poll, from Quinnipiac University, showed Northam with a lead of at least 1.2 percent outside the margin of error.
However, that Quinniapiac poll showed Gillespie had made up substantial ground against Northam in the final week of the campaign, particularly among independents, among whom the difference between the candidates was statistically insignificant.
Conspicuously absent from the race — President Donald Trump, who was never invited to cross the Potomac to campaign with Gillespie, although Vice President Mike Pence did make an appearance on his behalf. Trump did, however, endorse Gillespie on Twitter.
Virginia was the only Southern state that Hillary Clinton carried in 2016, due in part to her stronger-than-usual showing the Republican-leaning Washington, D.C. suburbs in the northern part of the state. So the Gillespie campaign had to thread a difficult needle of not galvanizing anti-Trump voters by campaigning with the president, while at the same time not antagonizing ardent Trump supporters in more conservative parts of the state.
Indeed, the potency of the Trump brand among the Republican base nearly took Gillespie down in June when, despite being a prohibitive favorite, he almost lost the party’s primary to Corey Stewart, Trump’s one-time state campaign manager.
Stewart, who is running for the U.S. Senate in 2018, told Politico that Trump supporters were “bewildered” and “offended” by Gillespie’s decision to distance himself from Trump, predicting that it would hurt Gillespie by discouraging the president’s supporters from turning out.
Northam, in turn, has tried to hang Trump around Gillespie’s neck, running a TV ad during the final weekend of the campaign accusing the GOP nominee of figuratively “standing right next” to the president, even if literally he had not.
Northam, 58, joined the U.S. Army to complete his medical training after graduating from the Virginia Military Institute and has worked as a pediatric neurologist at a children’s hospital in Norfolk since 1992. He has admitted to voting for George W. Bush in 2000 and 2004 before he became active in state politics, saying that he had been “underinformed” at the time.
In 2007, he was elected as a Democrat to the Virginia Senate, representing a district that included parts of Hampton Roads and the Eastern Shore. In 2013, he became lieutenant governor, running alongside incumbent Governor Terry McAuliffe, who, under state law, can’t run for a second consecutive term.
Northam was challenged in the primary by former U.S. Rep. Tom Perriello, who tried to counter Northam’s establishment support by mobilizing Bernie Sanders supporters. In the end, Northam won by 12 points, though he has continued to face criticism from his left flank during the campaign for supporting two controversial gas pipeline projects and opposing the establishment of sanctuary cities in Virginia.
After working as Bush’s communications director in the 2000 campaign, Gillespie, 56, started a lobbying firm in Washington and was elected chairman of the RNC in 2003. He went back to the White House in 2007 as a counselor to the president and served until the end of Bush’s second term in 2009.
In 2014, Gillespie challenged Democratic U.S. Senator Mark Warner. Though Warner’s seat was considered safe, Gillespie came within 18,000 votes of beating him, in what would have been the biggest upset of the 2014 campaign.
In the lieutenant governor’s race, Republican State Senator Jill Vogel, from Fauquier County west of Washington, is facing Democrat Justin Fairfax, an attorney and former federal prosecutor who lives in surburban Fairfax.
A controversy erupted in the closing days of the campaign when Northam’s campaign dropped Fairfax, who is African-American, from a direct mail piece sent to voters because of his opposition to the two pipeline projects Northam supports.
Critics called his exclusion racist, a charge that Northam’s camp denied. But the flap could have consequences for a race in which Northam will need strong African-American support to win.
In the race for attorney general, the incumbent Democrat, Mark Herring, is being challenged by Republican John Adams, a Richmond lawyer who once clerked for conservative Supreme Court Justice Clarence Thomas.
In addition to the three statewide races, 100 seats in Virginia’s House of Delegates, the lower house of the legislature, are up for grabs. Despite Virginia’s status as a swing state in presidential politics, Republicans currently hold 66 seats, to just 34 for Democrats.
However, Democrats are contesting 88 of those seats in 2017, including challenges in 17 Republican-held seats that Clinton carried in 2016. So the results in Virginia are likely to be viewed as a bellweather for what might happen in 2018, particularly if Democrats make gains in suburban districts near Washington and Richmond.
State Senate seats are not up in Virginia this year; Republicans control the Senate, 21 to 19.