From John Flannery, a Leesburg attorney and former chairman of the Loudoun County Democratic Committee, running a write-in candidacy for Commonwealth's Attorney.
Flannery Calls on Plowman to Release Records from Tate IndictmentLeesburg attorney launches write-in campaign for Loudoun County Commonwealth Attorney
LEESBURG - In his campaign kickoff Tuesday, Leesburg Attorney John Flannery requested that Commonwealth Attorney Jim Plowman reveal his contacts with Jill Holtzman Vogel's campaign prior to the indictment of Mark Tate.
Flannery delivered a letter and a Freedom of Information Act (FOIA) request to Plowman's office on Tuesday. The request asked Plowman to clear the record on any illegal coordination or leaking of grand jury information related to the Tate case.
"As a Loudoun County resident, taxpayer, and practicing trial lawyer, I have a number of concerns about the way that you prosecuted this case," Flannery wrote. "Loudoun County taxpayers have a right to know what you've been doing with their tax dollars. I am asking therefore that you explain yourself, and take this opportunity to clear the record.
"I am asking that you disclose any and all communications with ten (10) persons, associated with the Senate campaign of Ms. Vogel, and specifically in that period over the months preceding Mr. Tate's indictment."
By Virginia FOIA law, Plowman has five days to respond to the request.
Flannery announced Tuesday that he was running a write-in campaign against Plowman, motivated by the recent dismissal of the Tate case. Last week, the 11 charges against Tate were dropped, in part because the grand jury had been tainted. Tate ran against Vogel in June's primary."Loudoun County taxpayers deserve better," Flannery said Tuesday. "We shouldn't be paying our tax dollars so that Jim Plowman can help his political cronies. Maybe there's an innocent explanation for this, but the burden of proof is on Mr. Plowman. That's why I'm asking him to reveal his records to show he did not communicate with Ms. Vogel or her staff."
Plowman -- who had publicly endorsed his friend Jill Holtzman Vogel -- began his investigation of Tate in February, after receiving a complaint from Laurie Letoumeau, Ms. Holtzman Vogel's babysitter and a campaign volunteer.
Weeks before Tate's indictment, the Virginia Conservative Action PAC - which had also endorsed Holtzman Vogel - posted a blog entry, citing "reliable sources" that Tate was "under intense criminal investigation for serious campaign finance fraud." The following day, Republican Party of Virginia (RPV) Communications Director Shaun Kenney told blogger Ben Tribbett the date of Tate's pending indictment and that RPV Chair Ed Gillespie had personally asked Tate to drop out.
Tate was indicted on May 21st, just three weeks before the election, on nine counts of perjury and two counts of election fraud. He lost the election, and all charges were dropped on October 15.
"I decided to run after a judge dismissed the questionable criminal charges against Mark Tate," Flannery said. "I am furious that Jim is wasting taxpayer dollars on his political agenda in favor of Jill Vogel instead of devoting himself to fighting real crime in Loudoun County.
"Like many others, I was mad when I read that Jim allegedly 'leaked' grand jury information to a local reporter. But the court's dismissal of those charges left little doubt that Jim had compromised the public trust. Jim has also seemingly lost his voice to explain himself. It's high time we cleaned house and restored good government."
Flannery is running as a write-in candidate for the Democratic Party on November 6th.
See here and here for more. Also, don't forget to vote for Karen Schultz against the ethically challenged Jill Holtzman-Vogel on November 6!
Just look at a letter he wrote to the Post in 2005.
When I was sworn in as a federal prosecutor, I was instructed, in the words of former Supreme Court Justice George Sutherland, that the prosecuting attorney "may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."Sadly, Virginia is not unique in disregarding those sage words. But the remedy is clear. Virginia should put an end to ambush prosecutions and to the prosecutorial practice of withholding evidence, especially evidence exclusively within the government's control. Defendants deserve to know about witnesses who have deals with the government and anything else that sheds light on their guilt or innocence. Defendants should also have a right to depose witnesses before trial, to avoid surprise at trial. Finally, evidence of a crime should never be destroyed while the person is awaiting execution or is incarcerated. These are matters of simple justice -- but it is justice that so far has been elusive in Virginia. - John P. Flannery
It's too bad, whatever the reason, that John wasn't the nominee and on the ballot--he certainly would have won handily given the Plowman scandals.
GOPers love to bash Flannery as a "hothead" and "self-promoter" (OK but to some degree what attorney would NOT promote him or her self!), but I'm with Eileen. Anyone that actually knows John and has talked to him for more than a few soundbite moments understands he has a keen intellect and loads of backbone and determination.
Underestimate him at your own peril.
Needless to say, he is our nominee now. We just had to make it official last night.