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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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Insight: Democrats display collective amnesia by blocking public testimony of Justin Fairfax’s accusers
Legislators need to hear Vanessa Tyson and Meredith Watson’s accusations against Virginia’s lieutenant governor
♦By Rich Shumate, ChickenFriedPolitics.com editor
(CFP) — Collective amnesia is on display these days in Richmond, where Lieutenant Governor Justin Fairfax and Democrats in the House of Delegates are resisting calls to allow two women who have accused Fairfax of sexual assault to testify publicly.
Instead of the public testimony by his accusers, Fairfax wants prosecutors in North Carolina and Boston — where the alleged assaults took place — to investigate cases that are 19 and 15 years old, respectively, knowing full well that said prosecutors have absolutely no incentive to get involved in cases that involve no one now living in their jurisdictions and are unlikely to lead to criminal prosecution.
Fairfax knows this because he used to be a prosecutor. He has also trotted out results of two polygraph tests that he passed as proof of vindication, conveniently ignoring the fact that there is a reason these tests aren’t allowed in court — because every scientific study that has looked at the technology has concluded it’s not reliable.
Virginia House Democrats are resisting public testimony because, in the words of Minority Leader Eileen Filler-Corn, the hearing proposed by Republicans would turn into “a politically motivated and unprecedented spectacle.”
Unprecedented? Really? Why, it’s as if they don’t remember Brett Kavanagh and Christine Blasey Ford.
Advocates in the #MeToo movement have also long asserted, with considerable justification, that victims of sexual assault should be believed because they have nothing to gain, and a lot to lose, from cooking up false claims against powerful men. And multiple claims increase credibility because they corroborate a pattern of behavior (just ask Al Franken and Roy Moore, neither of whom is a senator.)
In this case, Vanessa Tyson and Meredith Watson — who did not know each other and had never met before being swept up in this maelstrom — tell remarkably similar stories. How Fairfax disarmed them with friendliness, got them alone, and then pounced on them using physical force. How he may have targeted them because he knew both women had suffered sexual abuse in their pasts. How traumatized both women still are, more than 15 years later.
To dismiss their claims, you have to believe that these two women, one living in California and the other living in Maryland, both decided to make up similar allegations against the same man years later; in Watson’s case, you also have to believe that she told people Fairfax assaulted her back in 2000 (as she says she did) in anticipation, apparently, of the day she would spring her sinister trap and make him pay.
For what reason? To what end? Fairfax himself has not speculated on this. But surely he must have a theory. Why do Tyson and Watson feel such white hot hatred toward him that they would put themselves in jeopardy for revenge, years and years after their interactions with him?
One theory that has emerged with a vengeance on social media is that this is all an effort by Republicans to bring down a powerful black man rising through the political ranks. But these women are unlikely conspirators — Watson and Tyson are also black, and Tyson met Fairfax when both were working at the 2004 Democratic National Convention.
Perhaps the most pernicious bit of nonsense in all of this is the assertion being made, mostly on social media, that because Watson had accused another man of rape before accusing Fairfax, she is somehow less credible. So, rather than saying, “Oh my God, this poor woman has been raped twice,” we should say, “this b**** must be making this up”? Does that make any sense, particularly when Watson claims that Fairfax himself told her that he thought her previous rape would make her less likely to call police?
Or does it make more sense to conclude that Fairfax did what he’s accused of doing and is now paddling furiously to save what’s left of his political career?
In his recent news conference where he released the polygraph results, Fairfax said, “Let me begin by emphasizing how important it is to listen to women when they come forward withe allegations of sexual assault or harassment.” OK, if you truly believe that, then what possible reason can Democrats have for not letting Tyson and Watson testify publicly and letting the chips fall where they may? After all, Brett Kavanaugh sits on the Supreme Court today.
Letting Tyson and Watson and Fairfax all testify before legislators would, no doubt, create a media circus. But what is the alternative? Prosecutors in North Carolina and Boston probably won’t, and certainly shouldn’t, waste their time and taxpayers’ money investigating claims that aren’t likely to lead to a criminal prosecution. And this is no longer about whether Fairfax should go to jail — it’s about whether he’s fit to remain in high political office, a question that certainly falls under the purview of Virginia legislators.
The legal standard is guilt beyond a reasonable doubt. But the political standard is, do we believe these women? And if we do, what should happen to Justin Fairfax?
In the Kavanaugh case, Republicans did not let credible allegations keep him from a lifetime on the Supreme Court. But at least they allowed Ford to have her say and let the public judge her credibility. Do Watson and Tyson deserve any less?
Virginia House Republicans have been reluctant to proceed with hearings without Democratic participation, no doubt because doing so would be seen as nakedly partisan. But should Democratic recalcitrance trump the need to fully and publicly vet serious, credible allegations against the second most powerful man in state government?
And can anyone say, with a straight face, how much we need to listen to sexual assault victims while at the same time thwarting efforts to let them be heard?
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Virginia Lieutenant Governor Justin Fairfax calls for criminal investigation of sexual assault allegations
Fairfax issues new denials after his accusers describe encounters in graphic, emotional detail on CBS
By Rich Shumate, ChickenFriedPolitics.com editor
RICHMOND (CFP) — Days after two women vividly described for a national television audience how they were sexually assaulted by Virginia Lieutenant Governor Justin Fairfax, he called a news conference to once again deny the allegations and release results of polygraph examinations that he insists clear him.
“Sensationalizing allegations does not make them true,” said Fairfax, who admitted having sexual encounters with both women but said they were consensual. “Yet airing salacious allegations without evidence does enormous damage.”
Meanwhile, Republican and Democratic leaders in the House of Delegates continued to spar over whether to let Fairfax’s accusers, Vanessa Tyson and Meredith Watson, testify in a public hearing, as the women have requested.
Republican House Speaker Kirk Cox has proposed forming a special committee to hear their testimony, but House Minority Leader Eileen Filler-Corn and Fairfax have resisted, saying a law enforcement agencies, not lawmakers, should investigate to keep the process from becoming politicized.
Tyson has alleged that Fairfax forced her to perform oral sex on him when both were working at the 2004 Democratic National Convention in Boston. Watson accused Fairfax of raping her in 2000, when they were personal friends while both attending Duke University.
This week, CBS This Morning aired the first national television interviews with the women since their allegations became public in February, during which both described their encounters with Fairfax in graphic and emotional detail to correspondent Gayle King.
“It was a huge betrayal. He was my friend,” Watson said, after describing how Fairfax invited her to his apartment, came into a room, locked the door, and then pinned her down and raped her. “I don’t understand how you do that to someone that you’ve been a friend to.”
She also she had confided to Fairfax that she had been raped by another student at Duke and that he told her after the assault that he thought her previous experience would make her too afraid to report his actions.
Tyson told King that after meeting Fairfax at the Democratic convention, he invited her to accompany him to his hotel room on an errand, and she agreed. As the two began kissing, with her consent, at the end of the bed, she said he grabbed her by the back of the neck and forced her face into his crotch.
“And I’m choking and gagging,” she said. “I was completely caught off guard. It was almost as if I was dumbstruck.”
She told King that prior to the assault, she had discussed with Fairfax her work as an advocate for sexual assault survivors and disclosed that she had been the victim of incest. She said he believes Fairfax “took advantage” of that disclosure to victimize her.
Tyson and Watson both said did not know each other prior to making their allegations and have never met. And Watson insisted she would have no incentive to make untrue allegations against Fairfax.
“The only thing coming forward has done is invited criticism and chaos and scrutiny of me and put me under a microscope,” she said.
At his news conference, Fairfax said he has asked prosecutors in Boston and Durham, North Carolina, where Duke is located, to investigate the allegations, which he said would lead to a “fair, serious and respectful process.”
“I will answer any and all questions, and I am willing to do so under oath and under penalty of perjury,” he said.
Fairfax said he had undergone two polygraph examinations from a nationally recognized polygraph examiner in which he was asked about the women’s allegations. He provided results that showed that the examiner concluded he had been truthful.
Polygraph examinations, commonly know as “lie detector tests,” are used as a law enforcement tool in dealing with suspects. However, results cannot be admitted in court because the reliability of the tests has not been conclusively established.
Fairfax denied the statements attributed to him by the women in their CBS interviews. He also said that neither women appeared upset after their consensual encounters with him, and both stayed in contact with him after the alleged assaults took place.
“If the facts alleged by Dr. Tyson and Ms. Watson were true, they conduct would be criminal,” he said. “Such conduct is against everything I have stood for in both my public and private life.”
He said the allegations have been “incredibly hurtful to me and my family and my reputation, which I spent a lifetime building.”
Fairfax, 40, a former federal prosecutor, was elected as Virginia’s lieutenant governor in 2017. He was considered a rising star in Democratic politics until the allegations surfaced in February.
Tyson came forward in February when it appeared likely that Fairfax could become governor, as Governor Ralph Northam was fighting to stay in office after a racist photo on his medical school yearbook page came to light.
Despite calls from fellow Democrats for him to resign, Northam has remained in office.
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Lieutenant governor calls hearings “partisan,” doesn’t say if he’ll participate
♦By Rich Shumate, ChickenFriedPolitics.com editor
RICHMOND (CFP) — Republicans in the Virginia House of Delegates have decided to invite Democratic Lieutenant Governor Justin Fairfax and two women who have accused him of sexual assault to air their versions of events in a public hearing.
“This will give all parties a chance to be heard,” he said.
However, a date for the hearing and details about the format were not announced. And while both women indicated they would participate, Fairfax’s office issued a statement characterizing the hearing as “partisan” and leaving his participation an open question.
“House Republicans want to pursue this historically unprecedented course of action because the accused is a popularly elected Democrat,” said Fairfax spokeswoman Lauren Burke in a statement. “The path to finding truth and justice should be based on due process and the work of law enforcement professionals.”
The legislature’s current session ends on Saturday, although committees can meet between sessions. House Speaker Kirk Cox said the hearing announced by Bell was not an impeachment hearing, leaving it unclear if lawmakers could force Fairfax to testify.
The decision to organize a hearing marks a change in tactics for Republicans, who have been relatively silent over the past two weeks as Democrats have wrestled with how to deal with allegations of rape and sexual assault against a man who had been considered a rising star in their party.
Vanessa Tyson, a college professor in California, has alleged that Fairfax forced her to perform oral sex in a Boston hotel room during the 2004 Democratic National Convention.
Meredith Watson, who now lives in Maryland, has accused Fairfax of raping her in 2000, when they were classmates at Duke University in North Carolina.
Fairfax, 40, a former federal prosecutor elected lieutenant governor in 2017, has denied both allegations and called on the FBI to investigate.
The age of the allegations and the fact that neither alleged assault took place in Virginia have complicated efforts to investigate, leaving it unclear which law enforcement agency might have the authority to do so.
Cox had proposed a special investigative committee, with an equal number of members from both parties and subpoena power, but the plan stalled when Democrats would not agree.
Bell’s committee has 10 Republicans and eight Democrats.
Watson’s attorney, Nancy Erika Smith, released a statement saying Watson was “gratified” by the decision to schedule a hearing and “looks forward to testifying at this forum.”
Smith also said it was her understanding that the hearing would be televised and that Watson would be able to call witnesses to corroborate her account.
Tyson’s lawyers also indicated she was “prepared to testify,” although she would prefer a bipartisan committee to avoid a “highly charged political environment.”
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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.