Virginia's Public Square
Virginia's Public Square
Days before the legislature adjourns, Democrats rejected calls for a bipartisan panel to investigate two claims of sexual assault against Lt. Governor Justin Fairfax. The eleventh-hour move would run out the clock, depriving the General Assembly of an avenue to investigate the claims.
As all three political leaders of Virginia’s Democrat-led executive branch have dealt with racial and sexual scandals over the past two weeks, it seems that not only Attorney General Mark Herring (D), but also Governor Ralph Northam (D) may get off scot-free for appearing in racist photos. After a week of rapprochement of protests in front of the Executive Mansion in downtown Richmond and universal calls from his own party for his resignation, former Governor Terry McAuliffe (D) is also backing down his charge for Northam to leave office.
McAuliffe, a presumed 2020 Democratic presidential contender, appeared on CBS‘s “Face the Nation” to speak about the controversies in the Commonwealth, meanwhile peddling his new book “Beyond Charlottesville: Taking a Stand Against White Nationalism,” which is about how “Virginia and the country continue to deal with racism.”
While hitting off the segment with his new book, McAuliffe did not say a word about resignations, seemingly accepting Northam’s extraordinarily vague plan to redeem his image and his governorship with a “focus on race and equity.”
“I think he’s made a decision he’s going to stay in,” McAuliffe said of Northam, who was his own lieutenant governor while he was in charge of the Commonwealth until January 2018. McAuliffe added, “but the way that Ralph survives and brings Virginia back together, he’s got to lean in on these very important issues.”
Nevertheless, as Northam launches his “listening tour” throughout the Commonwealth to learn more about “race, history, and white privilege,” and other obvious things he apparently never knew, Lieutenant Governor Justin Fairfax (D) is also dealing with a deepening sexual assault scandal that has his staffers jumping ship and his part-time law firm employer suspending him.
Currently, Fairfax is battling back against two accusers, one who said he sexually assaulted her in 2004, and one who said he raped her while in college in 2000.
Dr. Vanessa Tyson, a Scripps College professor, has alleged that Fairfax sexually assaulted her at the 2004 Boston Democratic National Convention. In her statement published by the New York Times, Dr. Tyson said she came forward after the news of Fairfax’s likely elevation to the top political position in Virginia as the governor is embroiled in racial controversy, because it “flooded” her with “painful memories, bringing back feelings of grief, shame, and anger that stemmed from an incident with Mr. Fairfax.”
Meredith Wilson, a student at Duke University in 2000, while Fairfax also attended the North Carolina college, came forth days later with allegations that she was raped by Fairfax in a “premeditated and aggressive” fashion.
Fairfax has called the accusations “false and unsubstantiated,” a “totally fabricated story,” and “demonstrably false.” The lieutenant governor has also accused staffers of embattled Governor Northam for leaking the sexual assault allegations and engaging in a “vicious and coordinated smear campaign” to derail his pathway to the governor’s office.
When news of the second sexual assault allegation broke, McAuliffe wasted no time in calling for Fairfax’s “immediate” resignation on Twitter.
“The allegations against Justin Fairfax are serious and credible. It is clear to me that he can no longer effectively serve the people of Virginia as Lieutenant Governor. I call for his immediate resignation,” he said.
However, McAuliffe is now quieting his own requests and demanding an investigation into the allegations.
Commenting on the situation, McAuliffe said, “Very serious allegations have been made. They need to be investigated…So we will go through that process.”
Showing a willingness to investigate the alleged crimes, Virginia House of Delegates Speaker Kirk Cox (R-Colonial Heights) has said any inquiry must be bipartisan and “very deliberate.” However, House Democrats have blocked any probe by the General Assembly from moving forward, scuttling last week’s impeachment push by Delegate Patrick Hope (D-Arlington).
Regardless, McAuliffe’s remarks on Sunday suggest that Democratic leaders are coming around to accepting the scandalous status quo in Richmond. It could be that the party faithful have realized that a Republican would be in line for the governorship if all three in the executive branch resigned, or that, considering they came out and denounced Northam, Fairfax, and Herring, they feel they can remain in a position of moral high ground on issues of race, gender, and social justice.
Despite the situation looking more and more like a political double standard, Virginia’s top-three elected Democrats may end up holding on to their positions for the time being. Whether any of the three can go on to win higher offices still remains to be seen.
The other lurking question facing Virginia Democrats is whether the tainted triumvirate hurts the party as it looks to take control of both houses of the General Assembly in November’s elections, following its 15-seat gain in the House of Delegates in 2017. With a one-member majority in both the House and Senate, the longer the scandals roll on, the more dissatisfied the Democratic base could become, losing excitement at the ballot box.
Renewing his willingness to investigate, Speaker Cox has said any inquiry must be bipartisan and “very deliberate.” Meanwhile, House Democrats have blocked any inquiry by the General Assembly from moving forward, scuttling last week’s impeachment push by Democratic delegate Patrick Hope.
Democratic lawmakers were advised to avoid answering direct questions about sexual assault allegations against Justin Fairfax, and whether they believe his accusers, according to an email leaked by a Democratic legislator to the New York Times.
Justin Fairfax, a former federal prosecutor, called for an FBI investigation, despite a lack of jurisdiction. Democratic strategists said it’s a red herring, implying Fairfax is deflecting from accusations of sexual assault, and continuing to allege that fellow Democrats leaked the initial allegation against him.
Democrats remain silent on whether they are willing to benefit from the $1.8 million cash on hand reported by PACs associated with Governor Northam, Lt. Governor Fairfax, and Attorney General Herring.
Democratic lawmakers, both state and federal, remain committed to supporting infanticide.
Northam vows to serve out his term as pending impeachment proceedings loom over Fairfax. Many Democrats are livid at the outcome, feeling that Fairfax’s scandal distracted from Northam’s, amid accusations by Fairfax that opposition supporters leaked the existence of the first assault allegation against him.
In 2000, the year of the alleged rape, Justin Fairfax defended Duke University’s fraternities against charges of excessive binge drinking, one year after Alpha Phi Alpha, of which he served as chapter president, faced dissolution by a university committee for reports of policy violations.
State Senator Jennifer McClellan (D-Richmond), who sponsored legislation repealing restrictions on third trimester abortions, might become the next Lieutenant Governor of Virginia.
The rumors appeared yesterday afternoon, after a second accuser against Lieutenant Governor Justin Fairfax came forward, claiming the embattled Democratic leader raped her in 2000, while they were both students at Duke University. That revelation triggered Democratic calls for resignation, swiftly followed by plans to introduce articles of impeachment on Monday.
With Fairfax’s political survival seeming unlikely, Democrats have begun floating potential replacements. One name frequently heard in the halls of Richmond and on Twitter is that of Senator Jennifer McClellan, who served eleven years in the House of Delegates before winning election to the Senate in 2017.
Democrats say McClellan could help lead the Democratic Party out of a period of scandal and turmoil, even though she faces controversy of her own for sponsoring SB1451, the Senate version of the late-term abortion legislation which initiated the leadership crisis now enveloping Richmond.
The cycle of political fallout began with public backlash over Delegate Kathy Tran’s (D-Springfield) failed 40 week late term abortion bill, which touched off national controversy over a viral video of her committee testimony, followed by highly criticized remarks on the bill by Governor Northam.
McClellan carried an identical measure in the Senate, which failed on a party line vote weeks before its companion in the House.
The abortion bill proved too extreme for some pro-choice Democrats, including former Governor Terry McAuliffe and US Senator Tim Kaine.
Outraged by the governor’s remarks, one of his classmates from medical school tipped off a reporter about a racist photograph on Northam’s yearbook page, which featured a man in blackface appearing next to another dressed in full Ku Klux Klan robes. Northam briefly admitted to appearing in the photograph, before reversing course and saying it wasn’t him.
Following the revelation, accusations of rape and sexual assault surfaced against Fairfax, prompting his suggestion that fellow Democrats leaked the story to protect Governor Northam or clear a path for Richmond Mayor Levar Stoney to assume the Lt. Governor’s post.
Days later, rumors of a racist photo of Attorney General Mark Herring prompted the second-in-line office holder to issue a statement admitting to wearing blackface in college.
Then, on Friday, a second accuser against Fairfax came forward, leading to waves of calls for resignation followed by plans by Democrats to introduce articles of impeachment on Monday.
If McClellan should secure Northam’s appointment, it would leave the position on Democratic leadership’s support of the bill unchanged.
A majority of Democrats in the General Assembly co-sponsored the legislation, though one, Delegate Dawn Adams (D-Henrico), subsequently expressed regret for signing on to a bill she said she didn’t read.
McClellan spoke about the bill at the press conference in which Northam announced his support, appearing alongside Tran.
“Unfortunately, today, about an hour ago, the Senate version of the Repeal Act died on a party line vote,” said McClellan. “So, we continue to fight, and we will be back next year to make sure that the Repeal Act passes.”
So far, the speculation over McClellan’s potential ascent has proven credible, prompting serious discussion by notable observers of Virginia politics.
“I’m not advocating for anyone but politically, you can argue the choice should be: squeaky clean + woman + person of color,” pondered Sabato, speaking to the optics of the decision facing Governor Ralph Northam, who remains embroiled in controversy over a racist photo on his college yearbook’s page.
“Say, Jennifer McClellan, an #Rva senator?” wondered Jeff Schapiro, a columnist with the Richmond Times-Dispatch who follows the inner workings of the General Assembly.
With the scandal moving quickly, the embattled Fairfax may choose to resign rather than face impeachment on Monday, even though he ruled out resignation in his response to the second accusation.
A potential McClellan appointment would be on an interim basis, with a special election to be called for November.
“That arrangement would likely be short-lived, because the governor has ‘constitutional authority to fill the vacancy in the office of lieutenant governor,’ said A.E. Dick Howard, a law professor at the University of Virginia who led the drafting of Virginia’s current state constitution in the late 1960s and early 1970s,” reported Politico, covering potential succession scenarios.
Even on an interim basis, McClellan serving as an appointed lieutenant governor would give her a substantial boost in securing the Democratic nomination for November.
Regardless of Fairfax’s decision, the turmoil at the capitol shows no signs of abating.