State and National Government

Gov. Ralph Northam

RICHMOND—Governor Ralph Northam issued the following statement today on the passing of Supreme Court Justice Ruth Bader Ginsburg.

“It is with the deepest sadness that Pam and I mourn the passing of Supreme Court Justice Ruth Bader Ginsburg. She was a giant on the court, a brilliant legal mind, and an unwavering beacon in the fight for equal justice and gender equity. Justice Ginsburg’s eloquence and passion made the world better and fairer—that includes ensuring my alma mater, the Virginia Military Institute, admitted women as cadets. Her loss leaves a tremendous void on the Court and in this country. May her legacy in the pursuit of justice live on, and may her memory be a blessing.”  Governor Northam has ordered Virginia state flags to be flown at half-staff in her honor.

The NY Times has reported that Supreme Court Justice Justice Ruth Bader Ginsburg died today of “complications of metastatic pancreas cancer,” the Supreme Court announced. This could give President Trump the opportunity to confirm another Supreme Court Justice in the coming months.

US  Democratic Senator Mark Warner has issued this statement: Our nation has lost a giant. Thank you, Ruth Bader Ginsburg (RBG), for your life of fighting for our most vulnerable and championing true equality for all. History will remember you as a trailblazer and a voice for liberty and equality.

(from ABC News) Our nation has lost a justice of historic stature,” Chief Justice John Roberts said. “We at the Supreme Court have lost a cherished colleague. Today we mourn but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her, a tired and resolute champion of justice.”

Former President George W. Bush, who rarely found himself on the same ideological side as Ginsburg, praised the high court justice as a “smart and humorous trailblazer. Laura and I join our fellow Americans in mourning the loss of Ruth Bader Ginsburg,” Bush said in a statement. ”

(from Congressman Morgan Griffith): Congressman Morgan Griffith (R-VA) issued the following statement upon the death of U.S. Supreme Court Associate Justice Ruth Bader Ginsburg: “I am sorry to learn of the death of Justice Ginsburg. Her service as only the second woman on the Supreme Court was the capstone of a long and notable legal career.”

(from VA Attorney General Mark Herring) “Today, our country lost one of its true leaders. Rest in Peace, Justice Ginsburg. Her courage, moral clarity, and incisive analysis will be so badly missed. She paved the way for so many in this country and she has inspired generations of women to follow their dreams and make a true difference in the world. She transformed our legal system and worked tirelessly to overturn discriminatory statutes, making our country a more fair, equal, and just place. Her legacy and spirit will live on in every American whose life she impacted and she leaves a massive hole that can never be filled.

The Northam administration is still projecting a shortfall of more than $2 billion in the current two-year state budget. It comes as lawmakers consider revisions in special session. Finance Secretary Aubrey Layne told the Senate Finance Committee this week that Virginia should not expect consumers to feel more confident any time soon. More from WFIR’s Evan Jones.

The General Assembly also has the option of raising taxes in efforts to increase revenue, but so far, there has been indication that such an option is being considered.

(Va. ABC photo)

We’ve dealt with all kinds of product shortages in recent months, and you might just find that happens when you visit a state liquor store. ABC CEO Travis Hill spoke today to a State Senate Committee considering budget revisions. Hill said while warehouse shortages are not widespread at the moment, they are well above normal for this time of year, with  imports like tequila and brandy currently the most affected. But glass shortages, he says, may impact other liquors as well. WFIR’s Evan Jones has more:

Photo: Justin Fairfax Facebook

FAIRFAX, Va. (AP) — Virginia Lt. Gov. Justin Fairfax formally kicked off his campaign for governor Saturday, a year after facing two allegations of sexual assault.

Fairfax delivered a campaign speech at the Old Court House in Fairfax in northern Virginia.

In February 2019, Fairfax faced calls for his resignation from fellow Democrats after two women publicly accused him of sexual assault.

Meredith Watson, who attended Duke University with Fairfax, said he raped her in 2000. Vanessa Tyson, a California professor, said Fairfax forced her to perform oral sex when they both attended the Democratic National Convention in Boston in 2004.

Fairfax has denied the allegations and accused the women of being part of a “smear campaign” to end his political career.

“The voters are incredibly smart. They see through this kind of destructive, politically motivated kind of politics. And they are ready to move to higher ground,” he told The Associated Press this week.

The Richmond Times-Dispatch reports that Debra Katz, Tyson’s attorney, renewed calls for a public hearing by the General Assembly on the allegations. Democrats have previously rejected those calls.

“Apparently Lt. Governor Fairfax believes that the citizens of the Commonwealth have forgotten about the serious and credible allegations of sexual assault made against him by Dr. Vanessa Tyson and Meredith Watson and about his deplorable treatment of them after they came forward,” Katz said in a statement.

Fairfax, the second African American elected to statewide office in Virginia, has repeatedly likened the accusations against him to the lynching of African Americans during the Jim Crow era, and said they are a product of ongoing systemic racism.

On Sunday, Fairfax is scheduled to speak at Fort Monroe in Hampton, where in 1619 the first enslaved Africans in English North America arrived 401 years ago.

Fairfax was elected Virginia’s lieutenant governor in 2017.

The sexual assault allegations against Fairfax were made soon after Gov. Ralph Northam faced calls for his resignation over the disclosure of a racist photo in his medical school yearbook. Northam says he was not in the image, but acknowledged he had worn blackface for a Michael Jackson costume when he took part in a 1984 dance contest in Texas.

Photo: US Dept of Justice

The region’s top federal prosecutor is resigning from his position to become a federal judge. U.S. Attorney Thomas Cullen has held the position for about two-and-a-half years. The announcement came after the U.S. Senate confirmed President Trump’s nomination  of Cullen to become a federal judge for the Western District of Virginia. Cullen’s successor as U.S. Attorney has not yet been named.

NEWS RELEASE: ROANOKE, VIRGINIA. – U.S. Attorney Thomas T. Cullen announced today that he is resigning from the Department of Justice, effective Tuesday, September 15, at 12:00 p.m.   Cullen, 43, who has served as U.S. Attorney for the Western District of Virginia since March 30, 2018, made this announcement following his Senate confirmation to become a U.S. District Judge in the Western District of Virginia.

“U.S. Attorney Thomas Cullen has served the Department of Justice and the citizens of the Western District of Virginia with honor and distinction,” U.S. Attorney General William P. Barr said today.  “During his tenure, the office made meaningful strides towards reducing violent crime, mitigating the opioid epidemic, and increasing cooperation among federal, state, and local law-enforcement agencies.  As he moves into his new role as a federal district judge, I am confident that he will remain steadfast in his commitment to equal justice and the rule of law.”

“Serving as U.S. Attorney has been the highlight of my career,” Cullen stated today.  “I am enormously proud of the dedicated public servants in this office and the work that they—along with our many brave law-enforcement partners—do to protect the public.”

Under Cullen’s leadership, the U.S. Attorney’s Office focused on implementing the Attorney General’s priorities of combatting violent crime and the opioid epidemic.  He also personally directed the federal civil rights prosecutions stemming from the August 2017 “Unite the Right” rally in Charlottesville.

As part of the national Project Safe Neighborhoods (PSN) program, Cullen and the prosecutors in his office have worked closely with federal, state, and local law enforcement in the Roanoke Valley, the Danville-Pittsylvania County region, and the greater Lynchburg area to identify individuals and groups responsible for committing violent, firearms, gang-related, and serious drug offenses and prosecute them in federal court.  These coordinated efforts led to a significant increase in the number of defendants prosecuted by the U.S. Attorney’s Office, from 267 in fiscal year 2018, to 410 in 2019 (a 54 percent increase overall), and contributed to a substantial decrease in the rate of violent crime in Danville over a similar time period.

U.S. Attorney Cullen also directed a multifaceted federal response to the opioid epidemic that has ravaged the region over the past several years.  His prosecutors have obtained convictions of over a dozen physicians and other health-care providers for the unlawful distribution of controlled substances and related criminal conduct.  The office also has secured convictions and civil settlements against numerous corporate entities engaged in the unlawful distribution of controlled substances.  In recognition of this hard work and the office’s long track record of success in prosecuting corrupt medical providers, Attorney General William P. Barr, in April 2019, announced that he would expand DOJ’s Appalachian Regional Prescription Opioid Strike Force (ARPO) to the Western District of Virginia.  The ARPO Strike Force is composed of prosecutors and data analysts from DOJ’s Health Care Fraud Unit who deploy to participating districts to support the prosecution of individuals and organizations engaged in the unlawful distribution of opioids.  With these additional investigative resources, the U.S. Attorney’s Office has been able to increase the number of prosecutions in this critical area.

In addition to its enforcement efforts, the U.S. Attorney’s Office, under Cullen’s leadership, has productively collaborated with local community groups and treatment advocates on effective opioid prevention and recovery initiatives.  In late 2018, U.S. Attorney Cullen convened a meeting with leaders from Carilion Clinic in Roanoke and public-health officials from Buffalo, NY, to discuss “Buffalo Matters,” a community-based program designed to aid patients with opioid-use disorder through rapid referrals from emergency rooms to community-based clinics upon discharge.  As a result of this meeting and Carilion’s commitment to implementing the Buffalo Matters model, Roanoke Memorial Hospital has made significant progress in directing opioid-use disorder patients to treatment programs and, in turn, significantly reducing the number of ER visits.  The office also recently announced the formation of a Heroin Education Action Team (HEAT), a partnership between the U.S. Attorney’s office and families who have lost love ones to opioid overdose.  Once in-person classroom instruction resumes, the HEAT team will deploy to school districts around the region and speak to students and their families about the dangers and tragedies associated with opioid use.  Cullen was also proud to partner with Chief U.S. District Judge Michael F. Urbanski and the federal public defender to launch a federal drug-treatment court, one of only a handful of federal drug courts nationwide.

Cullen also devoted a significant amount of his time to the “Unite the Right” prosecutions.  In July 2019, his prosecution team obtained a life sentence for James Fields Jr., who perpetrated an act of domestic terrorism in Charlottesville that killed 32-year-old Heather Heyer and seriously injured over 30 peaceful protestors.  They also successfully prosecuted several members of the militant white-supremacist group the Rise Above Movement (RAM), who traveled from California and committed numerous acts of violence.  He and his team also convicted an avowed white supremacist on civil rights and cyberstalking charges for threatening a prospective candidate for the Charlottesville City Council and the minor autistic daughter of a community activist.  Cullen, who served on DOJ’s Domestic Terrorism Executive Committee while U.S. Attorney, was particularly outspoken about the alarming rise of violence by white supremacists in the United States.

In addition to these successful prosecutions, the office’s civil division has significantly increased its efforts in the areas of civil fraud enforcement and federal debt collection.  In April 2020, the division announced a landmark $5 million settlement with a group of 24 coal companies owned and operated by the family of West Virginia Governor Jim Justice for unpaid violations of the Federal Mine Safety and Health Act.  The division’s newly reconstituted affirmative civil enforcement (ACE) group has also successfully assessed monetary penalties against medical professionals, hospitals, and pharmacies for violations of the Controlled Substances Act and health-care fraud.

As U.S. Attorney, Cullen widely traveled the district to meet with his federal, state, and local law-enforcement counterparts.  He visited over 50 local commonwealth’s attorneys’ offices during his tenure and met with scores of local sheriffs, police chiefs, and other community officials.  Several of his key law-enforcement partners reacted to today’s announcement:

“Over the last several years, Thomas Cullen and the office he runs have provided the type of law enforcement leadership that has made Americans in general, and Virginians in particular, safer,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “Mr. Cullen is a true partner to the FBI and a professional. He is aggressive though not a zealot, he seeks just outcomes, and he executes his authority with humility. Each of these qualities will continue to serve our country and our Commonwealth well from the Bench.”

“I congratulate U.S. Attorney Cullen on his appointment to the Federal bench and thank him for his steadfast support to both myself and the ATF Washington Field Division,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “Working together, we successfully coordinated the investigation and prosecution of an ever-increasing number of criminal cases within the Western District of Virginia – a testament to our mutual commitment to public safety and the rule of law.  I wish Thomas all the best as he continues his distinguished career in public service.”

“In 2016 and 2017, the City of Danville, Virginia, was experiencing an extreme surge in violent crime, specifically gang related violent crime.  Homicides and shootings were becoming a regular occurrence, and our community was suffering.  In 2018, working with the Office of the United States Attorney for the Western District of Virginia, under the leadership of Thomas Cullen, we were able to effectively prosecute several high-ranking gang members for these violent crimes, as a result, our community is now a much safer place,” said Danville Police Chief Scott C. Booth. “In 2019, our community experienced a 31 percent reduction in homicides, a 42 percent reduction in aggravated assaults, and a 63 percent reduction in robberies.  Danville is a much safer place now because of Thomas Cullen and his leadership. Danville Police Department’s efforts including the implementation of Project Safe Neighborhoods have resulted in drops in every violent crime category from 2018 to 2019.”

“I would like to offer my congratulations to Mr. Cullen on his confirmation as a federal judge.    During his time as U.S. Attorney, Mr. Cullen has worked closely with local law enforcement to ensure that those people who victimize our citizens are brought to justice,” said Roanoke County Police Chief Howard B. Hall. “His contributions to our regional efforts have led to the successful conclusion of numerous significant investigations.  He has been a great partner.  While we will miss him locally, I am confident that he will make great contributions to our criminal justice system as a judge.”

“My staff and I have had the opportunity to work with Mr. Cullen in his capacity as the U.S. Attorney for the Western District of Virginia.  Our region, like many other communities in the country, has been plagued by heroin trafficking and the devastation that it has on families,” said Shenandoah County Sheriff Timothy Carter. “As the U.S. Attorney, Mr. Cullen has been extremely sensitive to this devastation, and has worked hard to bring federal resources to bear, making a local impact in both enforcement for traffickers, and treatment for those addicted.  Mr. Cullen is straight-forward, honest, and practical.  He has a temperament and organizational skills to be a solid member of the federal judiciary.  He makes sound and lawful decisions.”

“It has been a true pleasure working with U. S. Attorney Thomas Cullen these past 2 years.  He was highly responsive and open to discuss partnerships that furthered community safety in Lynchburg,” said Bethany Harrison, Commonwealth’s Attorney for the City of Lynchburg. “It is no surprise to me that he was confirmed for a Federal Judgeship.  We will miss him terribly and wish him the best in his new endeavor.”

Attorney General Barr will announce Cullen’s replacement in the coming days.

Many Virginians will have a new way to deliver their November ballots ahead of election day — with drop-off collection boxes.  It’s part of a bill passed during the current General Assembly special session and already signed by Governor Northam. Among other things, it authorizes dropboxes that city and county registrars can use to collect absentee ballots. The Virginia League of Women Voters is among those approving. WFIR’s Evan Jones has the story:

 

 

Rep. Ben Cline

The US Senate is expected to take up a new coronavirus stimulus bill this week. Meanwhile the Democratic-controlled House is likely to oppose it. WFIR’s Gene Marrano spoke recently with a local Republican Congressman:

RICHMOND, Va. (AP) — Virginia lawmakers gave final approval Friday to legislation aimed at making absentee voting easier in the midst of the coronavirus pandemic, including having the state prepay postage and provide drop boxes for absentee ballots.

The House of Delegates approved a Senate bill that will allocate $2 million for prepaid postage and also set up a process for voters to correct paperwork issues on improperly submitted ballots. The Senate approved the bill last week, and Gov. Ralph Northam quickly signed it into law after the House approval Friday.

Northam had urged lawmakers to move quickly to approve additional funding for absentee voting, with the presidential election just two months away.

States around the country are expecting a big increase in voting by mail because of the ongoing health threat from the coronavirus.

President Donald Trump has sharply criticized the Postal Service, which he considers wasteful, and has threatened to oppose extra money to help it handle record levels of mail-in ballots.

Some Republicans in Virginia have objected to spending $2 million on postage and questioned whether the drop boxes to be placed at polling places and other locations will be secure enough to prevent voter fraud.

Democrats have argued that the pandemic calls for unprecedented action to ensure voting is as easy as possible for every eligible voter.

The legislation requires that cities and counties provide the prepaid postage for voters to mail in their absentee ballots, but they will be reimbursed by the state Department of Elections.