State and National Government

(from AP and Democratic Party of Virginia releases) Late Friday night, the House and Senate Democrats released the following statement: “Due to the serious nature of these allegations, we believe Lieutenant Governor Fairfax can no longer fulfill his duties to the Commonwealth.  He needs to address this as a private citizen. The time has come for him to step down.”

U.S. Sen. Mark R. Warner (D-VA) also released the following statement: “Today’s news is devastating. Sexual assault is never acceptable, and survivors of violence and harassment deserve to be heard. ​If these allegations concerning Lieutenant Governor Fairfax are accurate, then they are clearly disqualifying and he must resign. U.S. Sen. Tim Kaine of Virginia is calling on Lt. Gov. Justin Fairfax to resign after two women went public with allegations of sexual assault against Fairfax.

Fellow U.S. Democratic Senator Tim Kaine also says his fellow Democrat cannot effectively serve and should step down. A second woman came forward Friday to accuse Fairfax, a Democrat, of sexual assault. She said the attack took place when she and Fairfax were students at Duke University. Earlier this week, California college professor Vanessa Tyson accused Fairfax of forcing her to perform oral sex on him in 2004 in a Boston hotel room during the Democratic National Convention. Fairfax has denied wrongdoing, called for investigations and said he won’t resign.

(Richmond, VA – AP) — A second woman has come forward to accuse Virginia Lt. Gov. Justin Fairfax of sexual assault. The woman said in a statement Friday that the attack took place when she and Fairfax were students at Duke University. The new accusation further clouds the fate of Virginia’s government. Fairfax would take over if Gov. Ralph Northam were to resign over the racist photo that appeared on his medical school yearbook page. In a statement, Fairfax says the allegation is unsubstantiated and demonstrably false, and he says he has never forced himself on anyone ever.

RICHMOND, Va. (AP) — Virginia Gov. Ralph Northam told his top staff Friday that he is not going to resign over the racist photo that has roiled state politics, despite intense pressure to step down, according to a top administration official. Northam called a Cabinet meeting Friday afternoon to announce his intention to stay, the official said. The official was not authorized to discuss the matter publicly and spoke on condition of anonymity. The announcement comes at the end of an unprecedented week in Virginia history that has seen the state’s three top Democrats embroiled in potentially career-ending scandals.

The tumult began last Friday afternoon, when Northam’s medical school yearbook page surfaced with a picture of one person in blackface and another in a Ku Klux Klan hood and robe. Northam immediately apologized for appearing in the photograph, saying he could not “undo the harm my behavior caused then and today.” Most of the Democratic establishment called for his resignation by the end of the day.

On Saturday, though, the governor reversed course and said he wasn’t in the picture. He said he wasn’t going to resign immediately because he owed it to the people of Virginia to start a discussion about race and discrimination and listen to the pain he had caused. “I believe this moment can be the first small step to open a discussion about these difficult issues,” Northam said. But the governor left his long-term plans open, saying he would reassess his decision not to resign if it became clear he had no viable path forward.

The pressure on Northam reached a crescendo Saturday when almost the entire Virginia Democratic establishment, as well as nearly every Democratic presidential hopeful, called on him to resign. That pressure has tapered off as a cascade of scandals involving top politicians has rocked the state.

California college professor Vanessa Tyson publicly accused Lt. Gov. Justin Fairfax of forcing her to perform oral sex on him at a hotel in 2004 during the Democratic National Convention in Boston. Fairfax, who would replace Northam if he resigned, has cast the allegations as a political smear. And Attorney General Mark Herring — in line to become governor if Northam and Fairfax resign — admitted putting on blackface in the 1980s, when he was a college student. Herring had previously called on Northam to resign and came forward after rumors about the existence of a blackface photo of him began circulating at the Capitol.

Although the Democratic Party has taken almost a zero-tolerance approach to misconduct among its members in this #MeToo era, a housecleaning in Virginia could be costly: If all three Democrats resigned, Republican House Speaker Kirk Cox would become governor.

Northam’s decision to stay in office comes despite many fellow Democrats in Virginia and beyond reiterating their calls for him to resign as recently as Friday. Democratic Sen. Cory Booker of New Jersey, a 2020 presidential hopeful, said Friday that he still thinks Northam should step down. “I think it dredges up very hurtful, painful things from the past. … I think he’s betrayed the public trust, and he should resign,” Booker said in response to a reporter’s question during an appearance in Iowa.

And in statements Thursday night, the state legislature’s Black Caucus and Virginia’s Democratic congressional delegation reiterated calls for the governor to step down, while the state House Democrats — who also previously called for Northam’s resignation — said they remain disappointed in him.

In a positive sign for Northam, even before he announced his plan to stay in the job, a lawmaker from Virginia’s Democratic-leaning D.C. suburbs said Friday he won’t call on the besieged governor to resign. “I will not request the Governor’s resignation,” State Sen. Chap Petersen, a Democrat, said in a statement. “Nor will I request any other official to resign until it is obvious that they have committed a crime in office or their ability to serve is irredeemably compromised.” There has also been little appetite among lawmakers to use official means to force him out. Cox, the House speaker, himself said Monday that there was “a rightful hesitation” among lawmakers to seek Northam’s impeachment or removal. He called on Northam to resign, saying “that would obviously be less pain for everyone.”

Regarding the allegation against Fairfax, the district attorney’s office in Boston declined to say whether it is investigating. Under Massachusetts law, the statute of limitations is 15 years for rape and several related crimes, an interval that would expire this summer for the woman’s accusation.___

Associated Press writers Alanna Durkin Richer in Boston and Thomas Beaumont in Mason City, Iowa, contributed to this report.

RICHMOND, Va. (AP) — Legislative leaders have reached an agreement that would return $976 million to Virginia’s taxpayers. The Richmond Times-Dispatch reports Friday that the agreement endorsed by Gov. Ralph Northam could allow the state to start processing more than a half-million tax returns already filed this season. It adopts a plan the Senate approved last week to give taxpayers $420 million in refunds next fall to compensate for higher state taxes on 2018 income. It’s an unintended consequence of the Tax Cuts and Jobs Act signed by President Donald Trump. It would also raise the standard deduction and protect Virginia taxpayers from some provisions of the new federal tax law. Currently the legislation doesn’t include an emergency clause allowing it to take effect immediately, meaning the law would take effect on July 1.

Photo: Tommy Norment Facebook

RICHMOND, Va. (AP) – A top Virginia Republican served as an editor for a college yearbook that includes racial slurs and at least one image of a person in blackface. Senate Majority Leader Tommy Norment was managing editor of the 1968 yearbook for the Virginia Military Institute. The yearbook includes a photo of a man in blackface standing with others in costumes and uses racial slurs to describe a student from Bangkok, Thailand. The contents of the yearbook were first reported Thursday by The Virginian-Pilot. In a statement, Norment condemned the use of blackface. He said he was one of seven people who worked on the yearbook and “cannot endorse or associate” himself with everything in it. Norment says he isn’t featured in nor did he take any of the photos in question.

Photos: VMI 1968 Yearbook

Click here to read the full Virginian-Pilot story.

Senator Tommy Norment statement:

“I was, and am, proud to be a member of the Class of 1968 of the Virginia Military Institute. As I acknowledged on Page 236 of The Bomb, that was a year of ‘imperative transition’ at VMI.

“I served The Bomb as part of a seven-member team that included an Editor-in-Chief, a Lay-out Editor, a Copy Editor, an Art Director, a Production Assistant, a Business Manager, and my position, Managing Editor.

“With 114 editions of The Bomb available online dating back to 1885, I am not surprised that those wanting to engulf Republican leaders in the current situations involving the Governor, Lt. Governor, and Attorney General would highlight the yearbook from my graduation a half century ago.

“The use of blackface is abhorrent in our society and I emphatically condemn it. As one of seven working on a 359-page yearbook, I cannot endorse or associate myself with every photo, entry, or word on each page. However, I am not in any of the photos referenced on pages 82 or 122, nor did I take any of the photos in question.

“As my comment on Page 236 notes, I supported the integration of VMI. And in 1997, I led the effort to have my alma mater include women for the first time.

“Despite all of the distractions from the continuing controversies involving our statewide elected officials, I am intent on fulfilling the work of the people of Virginia by passing a fiscally responsible budget that provides tax relief for working families.”

RICHMOND, Va. (AP) —The woman whose sexual assault allegations against Virginia’s lieutenant governor surfaced this week is speaking publicly about the encounter. Virginia Lt. Gov. Justin Fairfax has repeatedly denied her allegations, saying the encounter was consensual. Vanessa Tyson issued a statement Wednesday saying Fairfax forced her to perform oral sex in 2004 during the Democratic National Convention in Boston. The Associated Press typically does not identify those who say they were sexually assaulted, but Tyson issued the statement in her name. Earlier Wednesday, Fairfax issued a statement saying the woman expressed no discomfort at the time, or during the years afterward. He said he first heard about her accusation from a reporter in 2018. Tyson said she went to Fairfax’s hotel room so he could get documents. She said they began consensually kissing but he then forced her into oral sex. She said she couldn’t move her head because he was holding down her neck.

Statement of Dr. Vanessa Tyson

On the night of Friday, February 1, 2019, I read multiple news accounts indicating that Virginia Lt. Governor Justin Fairfax would likely be elevated to Governor as an immediate result of a scandal involving Governor Ralph Northam. This news flooded me with painful memories, bringing back feelings of grief, shame, and anger that stemmed from an incident with Mr. Fairfax that occurred in July 2004 during the Democratic National Convention in Boston.

I met Mr. Fairfax on July 26, 2004, when he and I were working at the Convention. We struck up a conversation on the first day of the Convention and soon realized we had a mutual friend. We crossed paths occasionally during the first two days and our interactions were cordial, but not flirtatious. We commiserated about our long work hours, and on the afternoon of the third day of the Convention, July 28, 2004, Mr. Fairfax suggested that I get some fresh air by accompanying him on a quick errand to retrieve documents from his room in a nearby hotel. Given our interactions up to that time, I had no reason to feel threatened and agreed to walk with him to his hotel. I stood in the entryway of the room and after he located the documents, he walked over and kissed me. Although surprised by his advance, it was not unwelcome and I kissed him back. He then took my hand and pulled me towards the bed. I was fully clothed in a pantsuit and had no intention of taking my clothes off or engaging in sexual activity. In the back of my mind, I also knew I needed to return to Convention headquarters.

What began as consensual kissing quickly turned into a sexual assault. Mr. Fairfax put his hand behind my neck and forcefully pushed my head towards his crotch. Only then did I realize that he had unbuckled his belt, unzipped his pants, and taken out his penis. He then forced his penis into my mouth. Utterly shocked and terrified, I tried to move my head away, but could not because his hand was holding down my neck and he was much stronger than me. As I cried and gagged, Mr. Fairfax forced me to perform oral sex on him. I cannot believe, given my obvious distress, that Mr. Fairfax thought this forced sexual act was consensual. To be very clear, I did not want to engage in oral sex with Mr. Fairfax and I never gave any form of consent. Quite the opposite. I consciously avoided Mr. Fairfax for the remainder of the Convention and I never spoke to him again.

After the assault, I suffered from both deep humiliation and shame. I did not speak about it for years, and I (like most survivors) suppressed those memories and emotions as a necessary means to continue my studies, and to pursue my goal of building a successful career as an academic. At the time, I found this horrific incident especially degrading given my regular volunteer work at a local rape crisis center. Over the next decade or so, I would go on to earn my PhD from the University of Chicago and become a tenured professor at Scripps College, a prestigious women’s college in Claremont, California.

Years later, in October of 2017, I saw a picture of Mr. Fairfax accompanying an article in The Root about his campaign for Lt. Governor in Virginia. The image hit me like a ton of bricks, triggering buried traumatic memories and the feelings of humiliation I’d felt so intensely back in 2004. Prior to reading the article, I had not followed Mr. Fairfax’s career and did not know that he was seeking public office. Unsure of what to do, I felt it was crucial to tell close friends of mine in Virginia, who were voters, about the assault.

That October, as the #MeToo movement intensified, women throughout the world began forcefully speaking out about the sexual violence they had experienced and the impact of those experiences on their lives. The courage of so many women coming forward to confront powerful men and systems that allow such abuse to occur are part of what inspired me to action. I felt a responsibility to myself, the beloved students I teach, and the brave women I’ve tried to help overcome their own trauma. The passion and resolve of so many survivors, coupled with the job security that tenure afforded me, gave me the strength I simply did not have in 2004. By December 2017, I not only told many friends that Mr. Fairfax had sexually assaulted me but I also reached out to a personal friend at The Washington Post and spoke to his colleagues about the assault.

After The Washington Post decided in March 2018 not to run my story, I felt powerless, frustrated, and completely drained. Again I tried to bury memories of this painful incident and focus on my work and my students.

On Friday, February 1, 2019, as stories appeared in the media suggesting that Governor Northam would have to resign and that Mr. Fairfax would be sworn in as Governor, I felt a jarring sense of both outrage and despair. That night I vented my frustration on Facebook in a message that I wrote as a private post. I did not identify Lt. Governor Fairfax by name but stated that it seemed inevitable that the campaign staffer who assaulted me during the Democratic Convention in 2004 was about to get a big promotion. It was not my intention in that moment to inject myself into what has become a much larger political battle.

The following morning, I was inundated with messages of care and concern from friends — including many I had told about the sexual assault — and numerous inquiries from journalists who had become aware of my post. Over the weekend, I was undecided about whether to speak out publicly. I knew that if I did so, I would immediately face accusations about my motives and be branded a liar, as is routinely the case when women come forward with allegations of sexual misconduct against prominent men.

On Sunday night, before I had time to decide on a course of action, an online publication published a screenshot of my Facebook post, identified me by name, and posted pictures of me. In response, at 2:55 a.m. on February 4, 2019, Mr. Fairfax issued a statement further escalating this matter by calling me a liar and falsely characterizing the reasons The Washington Post decided not to run a story about my allegations. The Post was forced to repudiate Mr. Fairfax’s statement that there were “significant red flags and inconsistencies with the allegations” which led it to decide not to publish a story about my account. Rather, as is often the case in situations where sexual assault by an acquaintance occurs behind closed doors years earlier, it is difficult to corroborate either the victim’s allegations or the accuser’s denials.

Mr. Fairfax’s suggestion The Washington Post found me not to be credible was deceitful, offensive and profoundly upsetting. He has continued a smear campaign by pointing reporters to a 2007 educational video in which I talked about being the victim of incest and molestation. In that video I did not talk about being assaulted by Mr. Fairfax. This, of course, is not proof that he did not assault me. His reliance on this video to say the opposite is despicable and an offense to sexual assault survivors everywhere.

Since October 2017 when I first began telling friends about the assault, I have never wavered in my account because I am telling the truth. I have no political motive. I am a proud Democrat. My only motive in speaking now is to refute Mr. Fairfax’s falsehoods and aspersions of my character, and to provide what I believe is important information for Virginians to have as they make critical decisions that involve Mr. Fairfax.

With tremendous anguish, I am now sharing this information about my experience and setting the record straight. It has been extremely difficult to relive that traumatic experience from 2004. Mr. Fairfax has tried to brand me as a liar to a national audience, in service to his political ambitions, and has threatened litigation. Given his false assertions, I’m compelled to make clear what happened. I very much wish to resume my life as an academic and professor. I do not want to get further embroiled in this highly charged political environment.

This is the only statement I and my legal team will be making.

During his State of the Union Address last night President Trump criticized efforts to loosen restrictions on late term abortions in New York and Virginia. The President saved some of his ire for Virginia’s embattled Governor Ralph Northam, who made news last week for comments on a radio program that some interpreted as an endorsement of infanticide. Trump called for Congress to pass legislation outlawing late term abortions – which others support where the mother’s health is at risk or the fetus would not survive outside of the womb.