Loudoun County group files court petition to remove Supervisor Delgaudio from office

[mahatmakanejeeves]

Last edited Tue Jan 28, 2014, 01:47 PM - Edit history (1)

Hat tip: Real Loudoun

Never a dull moment with Eugene

The long anticipated legal action to have perennially ethically challenged Loudoun Republican supervisor Eugene Delgaudio (R-Sterling) removed from office is going forward at last: yesterday papers were filed in Loudoun Circuit Court to begin the process.

Under Virginia’s somewhat unusual recall law, an elected official can only be removed for “for neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office,” and it is up to the court to make that determination. But the law requires quick action: Delgaudio will now have a maximum of 10 days to file a reply “to show cause why he should not be removed from office,” and the court must set an early date for the trial, taking precedence over every other case on the docket.

Loudoun County group files court petition to remove Supervisor Delgaudio from office

By Caitlin Gibson,

A group of Sterling residents filed a petition Monday in Loudoun County Circuit Court requesting that controversial County Supervisor Eugene Delgaudio (R-Sterling), who was the subject of a criminal investigation last year, be removed from public office.

The filing comes nearly a year after the grass-roots community group, called Sterling Deserves Better, launched a petition drive to request that a judge strip Delgaudio of his seat on the Loudoun County Board of Supervisors.
....

A lengthy criminal investigation of Delgaudio began in November 2012, after one of his former aides told The Washington Post that the veteran supervisor had used county resources and staff to benefit his political campaign.
....

“There are some who think that an elected official can only be removed for some criminal offense. But that’s not true,” {Leesburg attorney John Flannery, who filed the motion Monday on behalf of the petitioners} said in the statement. “Plainly, this removal statute contemplates that an elected official’s conduct can be so egregious and his misconduct so damaging to the purpose and process of good government, that limiting the official’s conduct in office and requiring the citizens to wait until the next election, is not a fair and just remedy.”

Democrats file recall petition to remove Eugene Delgaudio from office

Monday, Jan. 27, 2014 by Trevor Baratko

Local Democrats have made good on their promise to work through official avenues to remove controversial Loudoun County Supervisor Eugene Delgaudio (R-Sterling) from public office; Leesburg attorney and Democrat John Flannery filed a recall petition against Mr. Delgaudio in circuit court late Monday afternoon.
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Section 24.2-233(1) of the Virginia Code provides that “any elected officer” may be removed “for (a) neglect of duty, (b) misuse of office, or (c) incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office ... "
....

Read past coverage here:
-Delgaudio censured, punished by colleagues on all-Republican board

Contact the writer at [e-mail].

Delgaudio Recall Effort Moves To Court

Posted: Monday, January 27, 2014 8:49 pm | Updated: 9:45 pm, Mon Jan 27, 2014.

Posted on January 27, 2014
by Erika Jacobson Moore

Almost a year after the work started, Sterling District residents have filed a recall petition in Loudoun Circuit Court seeking to oust Supervisor Eugene Delgaudio (R-Sterling) from office.

Monday afternoon attorney John Flannery filed the petition on behalf of "Citizens of Sterling," as listed on the court docket. No hearing dates have been set in the case.
....

A press conference is scheduled on the filing for 10:15 a.m. Tuesday in the boardroom of the county government center at 1 Harrison St. in Leesburg.

Here is one of the comments to that article:

Robert Pierce posted at 10:23 am on Tue, Jan 28, 2014.

Read at least the Executive Summary of the Special Grand Jury:

https://archive.org/details/717055-special-grand-jury-report

A bigger scandal is what is questionably legal in Virginia; the lesser scandal is those that live in that margin. The House of Delegates appears to want to keep it that way.

Delgaudio Opponents Press Forward With Recall Attempt; File Petition in Circuit Court

Attempt to remove sitting supervisor from office considered tough task.

Posted by Dusty Smith (Editor) , January 28, 2014 at 03:30 AM

Previous related stories:

Delgaudio Saga Continues: Loudoun GOP Calls for Board Reversal, Investigation

Loudoun Board Gives Delgaudio Part of Newsletter Request

UPDATE: Delgaudio Meeting Canceled Board Calls for Unbiased Delgaudio Investigator

Delgaudio to Fight Disciplinary Actions by Loudoun Board

Delgaudio Censured: Loudoun Supervisor Stripped of Committees, Budget Control, Aides

No Charges in Delgaudio Investigation; Former Aide Had Alleged Misconduct

Delgaudio Grand Jury Recommends State, County Changes

Special Prosecutor to Review Delgaudio Aide Complaint

Loudoun Democrats Respond to Delgaudio Committee Ban

PAC Denied Delgaudio Documents

Supervisors Get Testy During Delgaudio Censure

Delgaudio, Dems Respond to WP Article

Group Ponders Delgaudio Recall; Town Hall Set

York Admits Error, Denies Delgaudio Cover Up

Loudoun Board May Investigate Use of Aides

New PAC Sues for Delgaudio Documents

Delgaudio Lawyer: Don’t Compromise Investigation

[CurtEastPoint]

1. Oh, he's certifiable. Everything points to teh gayz and he goes ballistic.

http://washingtonnote.com/eugene_delgaudi/

[mahatmakanejeeves]

2. Judge orders Loudoun Supervisor Delgaudio to appear in court

Judge orders Loudoun Supervisor Delgaudio to appear in court

By Caitlin Gibson, Published: January 27 | Updated: Tuesday, January 28, 12:38 PM

A Loudoun County Circuit Court judge on Tuesday ordered Supervisor Eugene Delgaudio (R-Sterling) to appear in court to show cause why he should not be removed from office, after a group of Sterling residents filed a petition alleging that he was not fit to represent their district.
....

Sterling Deserves Better announced the filing of the petition at a news conference in the board room of the Loudoun County Government Center Tuesday morning, where a large poster showed a mounted photograph of Delgaudio beside recently indicted former Virginia Gov. Robert F. McDonnell, along with the words “Corruption Hurts Virginia.”
....

Leesburg attorney John Flannery, who filed the motion Monday on behalf of the petitioners, said the action was supported by “a history that makes this a credible request of the court to remove a public official. The background, everybody knows it. The only thing that’s different is the remedy today.”

According to the rule issued Tuesday by the Circuit Court, Delgaudio is ordered to appear Feb. 5 at 4 p.m. in Loudoun County Circuit Court.

[mahatmakanejeeves]

3. Delgaudio Attorney Responds To Recall Petition

Last edited Wed Jan 29, 2014, 12:33 PM - Edit history (1)

Delgaudio Attorney Responds To Recall Petition

Posted: Tuesday, January 28, 2014 7:23 pm | Updated: 7:28 pm, Tue Jan 28, 2014.
Posted on Jan 28, 2014
by Erika Jacobson Moore

Supervisor Eugene Delgaudio (R-Sterling)--through his attorney--has responded to the news that a group of Sterling District residents has filed a petition seeking to remove him from office.

In a statement released Tuesday night, Delguadio’s attorney Charles King responded to the recall petition, which was filed in Loudoun Circuit Court Monday afternoon, by referencing a number of allegations reviewed by a special grand jury investigation last year.

“The folks who filed this petition should be reminded of the old adage to be careful what you wish for,” King’s statement reads. “What the petitioners have done is finally give Supervisor Delgaudio the opportunity to prove there was no co-mingling of Public Advocate with his Supervisor's office, Donna Mateer's allegations aren't corroborated by hard facts, and there was no unreported $5,000 contribution.”
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In addition, in his newsletter sent out Tuesday evening entitled, “Plenty Of Work In Sterling,” Delgaudio made reference to the recall petition. ... “A former losing liberal candidate is in the media again, today, unhappy with my four times re-election success as Sterling Supervisor,” the newsletter reads. “Sterling is getting the best Sterling District Supervisor possible right now—and every day.”

Delgaudio: “losing liberals” behind recall action

....
Meanwhile, Delgaudio’s youthful attorney Charles King was in the media again repeating Delgaudio’s favorite excuse that anyone who points out his client’s gross, documented ethical misconduct is merely a political opponent (whom Delgaudio in the past has itemized as “the lying liberal media,” people who “hate Sterling,” people who are against the Boy Scouts and family values, people “who refuse to defend the flag,” etc etc etc), picking on Eugene because of his “provocative views on national social and family issues.”

King also repeated the Delgaudio fable that Eugene wants nothing more than “to have the opportunity to prove” his innocence of the charges leveled against him by last year’s special grand jury investigation and by the unanimous censure vote of his fellow members of the all-Republican Board of Supervisors.

That one is a particularly interesting whopper, given that Delgaudio has had a year and a half now to give the public, the Board, and his constituents any response on the particulars of the case against him. To date, he was failed to address a single fact in the case — except to tell one complete and utter lie, by claiming falsely that in having his county-paid staff arrange meetings with campaign donors, he was really just soliciting contributions to a youth football league. (Multiple witnesses, including two Republican businessmen who were solicited for contributions, testified to the special grand jury that Delgaudio was seeking only political contributions to his campaign; other testimony confirmed that the football league knew nothing of Delgaudio’s supposed fundraising on their behalf, and in fact the league was not even conducting any fundraising activities at the time.)

[mahatmakanejeeves]

4. Special Prosecutor Requested In Delgaudio Recall Case

Special Prosecutor Requested In Delgaudio Recall Case

Posted: Thursday, January 30, 2014 9:37 am | Updated: 10:18 am, Thu Jan 30, 2014.

Posted on Jan 30, 2014
by Erika Jacobson Moore

As anticipated, Commonwealth's Attorney James Plowman requested the appointment of a special prosecutor to handle the recall case brought against Supervisor Eugene Delgaudio (R-Sterling).

In the motion, Plowman asks for a special prosecutor because "the individuals surrounding the complaint, and those that may be witnesses are County employees, prominent members ofthe community or members ofthe elected Board of Supervisors." ... He continues that selecting outside counsel "would serve to maintain the integrity of the proceeding and allow an independent authority outside of Loudoun County to make any decisions related to the prosecution..."

The group of Sterling residents that filed the recall petition in Loudoun Circuit Court requested in motion that neither Plowman nor Arlington Commonwealth's Attorney Theo Stamos, who oversaw the grand jury investigation into allegations against Delgaudio, be allowed to carry the case forward.

A hearing is set for 9 a.m. Tuesday, Feb. 4.

[mahatmakanejeeves]

5. Systemic Dodging of Accountibility, the Delgaudio Loophole

Systemic Dodging of Accountibility, the Delgaudio Loophole

Posted on January 30, 2014 at 10:45 am by Paradox13

The big news of the week is the filing of the recall trial petition against Supervisor Eugene Delgaudio. (Well, the big news unless you’re Leesburg Councilmember, and perennial Mayoral candidate, Tom Dunn.) The filing triggers a process clearly outlined by statute, and ably explained by the ever-cogent blogger at Real Loudoun. One thing that has been lost in the shuffle of this week’s machinations, however, is the fact that the recall action was largely made necessary because of something that happened in Richmond earlier this month.

You may recall that the only reason Supervisor Delgaudio was not indicted by the grand jury is that he qualifies as a “part-time” elected official, and as such can – apparently – do whatever he wants with public time and assets without any legal penalties. GrandJuryRecc1The grand jury at the time took the remarkable step of calling upon the Virginia General Assembly to change the law removing the Delgaudio “part-time” Loophole as soon as possible. Indeed, that recommendation was the very first recommendation in the Grand Jury’s report.

If you’re wondering whatever happened to that recommendation, here’s your answer.

At the beginning of this year’s General Assembly session Delegate Randy Minchew dutifully introduced HB 420, a bill specifically designed to close the Delgaudio Loophole. The Grand Jury’s recommendation was on its way to being implemented. Loudoun and Virginia could breath a sigh of relief that while Supervisor Delgaudio got through the loophole, others would not be so lucky.HB420-Sunlight

But a funny thing happened on the way to ethics, transparency and accountability. Namely, Republican control of the House of Delegates. In an all-too-common move, the Mr. Minchew’s bill to close the Delgaudio Loophole and implement the Grand Jury recommendation was quietly killed in his own Courts of Justice committee. That’s what “laid on the table” means in the language of parliamentary procedure.

[mahatmakanejeeves]

6. Delgaudio case: the legal context

Delgaudio case: the legal context

Still marveling at the avalanche of utterly irrelevant arguments pouring forth from embattled and perennially ethically challenged Loudoun supervisor Eugene Delgaudio (R-Sterling) and his very loyal Loudoun GOP followers, we spent the last day doing some actual legal research and consulting legal authorities about how petitions for removal of a public officer work in Virginia, and what the legal merits of the case against Delgaudio are.

The summary first:

• The only procedure available in Virginia for removal of an unfit public official is the legal proceeding provided for in Virginia code 24.2-233. This is not a recall, in which a vote is held in a special election; it is rather much more akin to an impeachment proceeding, in which a case is heard on the merits, by a Circuit Court, and a legal decision rendered by the court after a “quasi-criminal” trial in which both parties are permitted to call and cross-examine witnesses under normal courtroom procedures of due process.

• Although the action must be initiated by a petition signed by a number of registered voters equaling 10 percent of the turnout in the last election, and stating in general terms the reasons for removal of the officer, the petitioners are not a party to the case; it is prosecuted by the Commonwealth, and the prosecutor’s duty is “to further the best interest of the Commonwealth, not the interests of the respective petitioners.” Thus who the petitioners are, or what their supposed motivations may be, is completely irrelevant.

• The clear legislative intent of this statute, according to a holding by the Virginia Supreme Court, is “to provide a speedy remedy for the removal of corrupt and unfaithful officials.” It is not necessary to show that the official violated any laws, but rather only that the official is guilty of “misuse of office,” “neglect of duty,” or “incompetence.”

• Although the bar is high for success in such actions, and the law is uncomfortably vague, there is considerable evidence already in the public record to make a legally plausible case for Delgaudio’s removal on the grounds of misuse of office, though probably not on the other two possible grounds of incompetence or neglect of duty.

A timeline, roundup on the Eugene Delgaudio issue

Saturday, Feb. 1, 2014 by Trevor Baratko

The Eugene Delgaudio case has remained fluid in the five days since a group of Sterling residents and Democrats filed a petition in Loudoun County Circuit Court to remove the controversial Mr. Delgaudio from his post as Sterling's representative on the Board of Supervisors.

Here's a timeline of the week's key points:
....

-Wednesday, Jan. 29 and Thursday, Jan. 30: Mr. Delgaudio goes on a media blitz, granting interviews with several local news stations. Mr. Delgaudio reaffirms that he has broken no laws and claims his constituents are "getting the best Sterling District Supervisor possible right now -- and every day.” The four-term Sterling supervisor says the petition is a baseless attempt by his critics to have him ousted.

-Tuesday, Feb. 4: Mr. Delgaudio is scheduled to appear in court to demonstrate why he should not be removed from office. A judge may decide at this time whether to dismiss the case or take it to a trial.

[mahatmakanejeeves]

7. Eugene Delgaudio: Just a simple con man at heart

Last edited Fri Mar 7, 2014, 02:18 PM - Edit history (1)

Eugene Delgaudio: Just a simple con man at heart

One of the more remarkable lapses in the local media coverage of perennially ethically challenged Loudoun supervisor Eugene Delgaudio (R-Sterling) is the way the press has bought into Delgaudio’s self-serving myth that he is a “conservative activist” or “pro-traditional family.” Delgaudio and his lawyer have repeatedly made the claim that it is these “controversial” political positions of his that is actually behind the effort of “liberals” to have him thrown out of office for corruption.

But the truth is that Delgaudio has never been a political activist: he has merely used politics as a stage to make money. His “Public Advocate of the United States,” a non-profit supposedly “educational” organization, takes in just over $1 million a year in donations. Yet it operates no actual programs, does not lobby on issues, does not in fact do anything but send out constant tearful fundraising appeals from Delgaudio warning about non-existent pieces of legislation (the “Gay Special Bill of Rights,” the “Homosexual Classrooms Act”) and, in the mode of sleazy TV preachers we all know and love, constantly warning that he “may be forced to shut down and close our doors forever”—unless the recipient sends $25 right away.

So what does he do with that cool million?

In 2011 Public Advocate paid to “Delgaudio & Associates,” an organization with exactly the same address as Public Advocate, $133,187 for “management.” (You can download a copy of Public Advocate’s 2011 IRS statement here).

It spent the rest of the million bucks on mailing, postage, and printing costs for his constant fundraising appeals (about $450,000) along with some incredibly dubious other reported expenses, including $139,251 for “creative and coordinating” costs and a truly remarkable $181,375 for “Internet expense.” That must be some website designer he has, or he is the only person on earth whose ISP charges per e-mail sent.

Edited, on March 7, 2014, to add this, from about January 2012. Nothing has changed.

Waking Up Now - Nice Work If You Can Get It

In 2009 (the latest year on file), Delgaudo received $1,276,232 in donations (plus another hundred grand in investment income). Here are his expenses.

Various basic expenses (Payroll, legal, accounting, etc) $224,942

Management fee 163,944

Grants, travel conferences 16,579

Lobbying 0

Postage 390,855

Printing 392,961

Computer and list maintenance 65,875

Creative and Coordinating 129,658

Other (mystery) 71,697

Total $1,456,511

So it costs him almost a quarter of a million a year just to maintain his basic operation. That’s actually not too bad. You might be wondering how much of that sum is Delgaudio’s salary. Well, none. Zip, zilch, nada. The records are clear. He doesn’t draw a salary. What selfless devotion to the cause!

Except for…well, except for the management fee paid to Eugene Delgaudio & Associates, Inc., a management consulting company wholly owned by, of course, Eugene Delgaudio. It’s $163,944, plus another $7662 buried in other expenses, for a grand total of $171,606.

$171,606. That’s what Delgaudio pays himself every year.

Next, we see a tiny bit of money for grants and travel conferences. Sure, why not. Actually, I’m surprised it’s not higher, given his superhuman activist persona. In fact, there’s a deeper mystery: his listed lobbying expenses are zero. Again, I have to ask — what is he doing with his donations?

The next three items (postage, printing, and computer and list maintenance) add up to $849,691. And you know what I call those expenses? Fundraising.

[mahatmakanejeeves]

8. Local judge puts Delgaudio case on hold

Last edited Tue Feb 4, 2014, 04:01 PM - Edit history (3)

Local judge puts Delgaudio case on hold

Tuesday, Feb. 4, 2014 by Trevor Baratko

Loudoun County Circuit Court Judge Burke F. McCahill essentially put on hold Tuesday morning the case to remove Loudoun County Supervisor Eugene Delgaudio (R-Sterling) from office.

Mr. McCahill's decision comes a week after a group of Sterling residents, many of whom are part of the anti-Delgaudio group “Sterling Deserves Better,” filed a recall petition in the local circuit court to remove Mr. Delgaudio from the seat he's held for 15 years. The residents and their legal representative, attorney John Flannery, listed as reasons Mr. Delgaudio's alleged “misuse of office” and “incompetence." The petitioners say Delgaudio's actions have negatively impacted the function of county government.

Tuesday, Mr. McCahill informed those present in the courtroom -- including Mr. Delgaudio and his attorney Charles King; assistant Loudoun County Commonwealth's Attorney Nicole Wittmann; and Mr. Flannery -- that he has been in touch with the state Supreme Court to request a substitute judge in the matter.

Until the Virginia Supreme Court assigns a substitute judge, any action on matter is at a standstill. ... Mr. McCahill's primary objective at this morning's hearing, it appeared, was to get an estimate of how long a trial on the matter may take. Mr. King suggested up to 10 days, while the other parties said roughly a week. ... Through his attorney, Mr. Delgaudio expressed that he'd prefer a non-jury trial.
....

Contact the writer at [e-mail].

Loudoun Judges Recuse Themselves From Delgaudio Recall Case

Posted: Tuesday, February 4, 2014 11:01 am | Updated: 11:07 am, Tue Feb 4, 2014.

Posted on Feb 4, 2014
by Erika Jacobson Moore

The county will have to wait to hear any evidence in the recall case against Supervisor Eugene Delgaudio (R-Sterling). At a hearing Tuesday morning, Judge Burke McCahill confirmed, as expected, that he would be submitting an order of recusal and asking the Virginia Supreme Court to appoint a special judge to hear the case.
....

It is not known how long it might take the Virginia Supreme Court to appoint a judge.

Video: Eugene Delgaudio, Loudoun County supervisor, gets recall effort delayed after judge recuses himself

[mahatmakanejeeves]

9. Delgaudio loses it at press conference

Delgaudio loses it at press conference

After his preliminary court appearance yesterday, perennially ethically challenged Loudoun GOP supervisor (but we repeat ourselves) Eugene Delgaudio (R-Sterling) faced some actual questions from the press in front of the courthouse about his misuse of office for private gain.

Having had nothing but softball interviews to date, where he has been allowed to spew his usual bilge that he is simply being persecuted by evil “liberals” for his “pro-traditional family” and “conservative” values, this apparently came as a shock to Eugene — the notion that he might actually someday have to address the actual and substantial evidence that he stole from the public to line his own pockets.

Eugene’s reaction was to start yelling. He refused to answer any of the questions from the press about the actual facts of the case, and ended by shouting, “There is nothing to these charges and never has been and never will be. Political sour grapes of the first order — period.” His lawyer had to take over to prevent a further public meltdown.
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Because the law for removal from office requires quick action, we can expect only a short delay in the proceedings. All signs are this one is going to go to trial, and it should provide a wealth of fascinating details about Eugene’s SOP.

[FSogol]

10. Thanks for keeping us updated on this story. n/t

[mahatmakanejeeves]

11. Delgaudio (and his fellow crooks and clowns)

Delgaudio (and his fellow crooks and clowns)

“They’d like to pretend that there are issues about me personally, but that’s not the real story.”

Eugene then goes on to explain that the “real story” is that “radical homosexuals” and “liberals” are out to get him.

And in an “interview” with a “Christian” right-wing pseudonews outlet, Eugene goes even further constructing his own special version of reality.

The article, under the headline “Liberals try to oust public official for his beliefs on marriage,” begins: “For a second time liberals have gone to court trying to oust him. His alleged crime is supporting traditional marriage.”

Delgaudio is quoted as asserting that “there are no charges against him” and that the attempt to have him removed from office is the work of “liberals” and the “pro-homosexual side” whose “level of kookiness” has reached new heights in their effort to go after him.

Liberals try to oust public official for his beliefs on marriage

Charlie Butts (OneNewsNow.com) Friday, February 07, 2014

An attempt to oust a Virginia elected official who also heads a conservative ministry is sputtering and may lose steam.

Eugene Delgaudio has been elected to his post with the Loudoun County Supervisors four times, and for a second time liberals have gone to court trying to oust him. His alleged crime is supporting traditional marriage.

“I'm Executive Director and President of Public Advocate and people who never voted for me believe that disqualifies me from serving in public office because I defend traditional marriage, I'm active in Washington and I present petitions on behalf of fellow Americans in Washington,” he says.

[mahatmakanejeeves]

12. Judge assigned in Delgaudio recall case

Judge assigned in Delgaudio recall case

Tuesday, Feb. 11, 2014 by Staff

The Virginia Supreme Court has assigned retired Arlington County judge Paul Sheridan to hear the recall attempt against Loudoun County Supervisor Eugene Delgaudio, according to court documents.

Loudoun County Circuit Court Judge Burke F. McCahill earlier this month requested a recusal for himself and the other local Circuit Court judges from the case brought against the four-term supervisor by more than 600 petitioners in his district.

A hearing date has yet to be set.

[RedstDem]

13. I don't think I will miss him at all

hope he's gone soon.

[mahatmakanejeeves]

14. Judge Assigned, Hearing Scheduled In Delgaudio Recall Case

Judge Assigned, Hearing Scheduled In Delgaudio Recall Case

Posted: Friday, February 21, 2014 12:39 pm | Updated: 3:30 pm, Fri Feb 21, 2014.

A month after Loudoun's judges recused themselves from presiding over the recall case brought by a group of Sterling residents against Supervisor Eugene Delgaudio (R-Sterling), the case will be back in court in front of a new judge.

The case is set for conference at 10 a.m. Tuesday, March 4, in the old courthouse.

Delgaudio back to court first week of March

Friday, Feb. 21, 2014 by Trevor Baratko

Loudoun County Supervisor Eugene Delgaudio (R-Sterling) will return to court for conference the morning of March 4 in the ongoing effort by hundreds of his constituents to have him removed from office, according to Circuit Court records.

Earlier this month, the Virginia Supreme Court assigned retired Arlington County judge Paul Sheridan to hear the recall attempt against Mr. Delgaudio; this after local Circuit Court judges requested recusal from the case.

Also expected to be exempt from the proceedings is Loudoun County Commonwealth's Attorney Jim Plowman, a Republican, who announced his intent to be recused from the case.

For more information on the Delgaudio case, click here.

[mahatmakanejeeves]

15. Delgaudio Subpoenas Southern Poverty Law Center

Delgaudio Subpoenas Southern Poverty Law Center

Posted: Monday, March 3, 2014 12:59 pm | Updated: 4:06 pm, Mon Mar 3, 2014.

Posted on Mar 3, 2014 by Erika Jacobson Moore

The attorney for Supervisor Eugene Delgaudio (R-Sterling) Friday filed a subpoena for the Southern Poverty Law Center as part of the ongoing case in which a group of Sterling residents is seeking to oust him from office.

According to a statement issued by Delgaudio, attorney Charles King said the subpoena would be served to the SPLC, a nonprofit civil rights organization located in Montgomery, AL, later this week. The Southern Poverty Law Center has designated Delgaudio's private business, Public Advocate of the United States, a hate group because of its opposition to gay rights.

How to tell a hate group

....
For the record, here is a sampling of the kind of things Delgaudio routinely puts out in his fundraising letters which merited him SPLC’s designation.

Delgaudio repeatedly portrays gays as child molesters, rapists, disease carriers; terms them “perverse,” “fruity,” “freaky,” “objectionable,” “deviant,” and “not normal”; and has equated gay marriage to bestiality.

The following are all direct quotes from fundraising appeals sent out by Public Advocate and signed by Eugene himself:

• “Imagine a world where the police allow homosexual adults to rape young boys in the streets.”

• “As homosexuals die off due to AIDS, the remaining AIDS carriers prey on children to replenish the ‘Homosexual Community.’”

• “Radical homosexuals will terrorize day care centers, hospitals, churches and private schools . . . You’ll see men hand-in-hand skipping down to adoption centers to ‘pick out’ a little boy for themselves.”

• “Homosexual ‘marriage’ and adoptions: Wedding gown-clad men smooching before some left-wing clergyman or state official is just the beginning.”

[snip]

Loudoun’s Delgaudio fights back against ‘hate group’ designation

By Caitlin Gibson, Tuesday, March 4, 1:28 PM

Loudoun County Supervisor Eugene Delgaudio, who for years has publicly decried what he refers to as a “radical homosexual agenda” in the United States, announced this week that he will fight back against his nonprofit organization’s designation as a hate group by the Southern Poverty Law Center.
....

Heidi Beirich, director of the SPLC’s Intelligence Project, said Tuesday that she could not comment on the subpoena as it had not yet been received. But the organization would not recant its designation, she said.

“We stand by, absolutely, our characterization of Public Advocate as an anti-LGBT hate group,” she said. “The kinds of statements Delgaudio has made have been absolutely outrageous and ugly… that is something that we are not going to change our mind about.”

Delgaudio, a four-term supervisor, is also defending himself against a recall petition filed by Sterling voters who are aiming to remove him from his seat on the county Board of Supervisors, citing allegations that he used his public office to benefit his political campaign. That case is pending in Loudoun County Circuit Court, with an upcoming hearing scheduled for March 25.

[mahatmakanejeeves]

16. Judge will ask Arlington commonwealth's attorney to serve in Delgaudio case

Judge will ask Arlington commonwealth's attorney to serve in Delgaudio case

Tuesday, Mar. 4, 2014 by Trevor Baratko

Judge Paul Sheridan said Tuesday he will seek to appoint Arlington Commonwealth's Attorney Theo Stamos to handle the recall petition civil case against Loudoun County Supervisor Eugene Delgaudio (R-Sterling), this following Sheridan's granting a request for recusal from Loudoun Commonwealth's Attorney Jim Plowman.

Sheridan, a retired Arlington County judge, made his first appearance heading the Delgaudio case at the Loudoun County Courthouse Tuesday morning. The Supreme Court of Virginia recused all Loudoun County Circuit Court judges from the case.

The next conference hearing on the case will be held March 25 at 2 p.m.
....

Also during Tuesday's hearing, Sheridan denied a motion to intervene from Leesburg attorney John Flannery. Flannery was seeking to intervene as a representative of the more than 600 citizens of Sterling who signed the petition to remove Delgaudio from office. Sheridan denied the motion without prejudice, however, meaning that should Stamos accept to handle the case, Flannery or Stamos herself can again seek Flannery's involvement or assistance in the matter.
....

Contact the writer at [e-mail].

Arlington Commonwealth’s Attorney Stamos tentatively appointed to Delgaudio case

By Caitlin Gibson,

Arlington County Commonwealths’ Attorney Theo Stamos will be asked to represent Sterling residents in a recall petition case that seeks to remove Loudoun County Supervisor Eugene Delgaudio from office, retired Arlington County Circuit Court Judge Paul Sheridan said at a hearing Tuesday in Loudoun County Circuit Court.

Sheridan, who was appointed to preside over the case by the Supreme Court of Virginia after Loudoun Circuit Court judges recused themselves, said he would grant Loudoun Commonwealth’s Attorney James E. Plowman’s request to also be recused to avoid any potential conflict of interest.
....

At the hearing Tuesday, Sheridan said Stamos was the logical choice to represent the Sterling petitioners, given her extensive knowledge of the allegations against Delgaudio. ... “Her integrity is well-established,” Sheridan said of Stamos. “This is a delicate case, an extraordinary case.”

An additional status conference was scheduled for March 25 at 2 p.m. Delgaudio’s attorney, Charles King, said he hoped to use the interim period to work with Stamos to “narrow the focus” of the case.

Prosecutor Appointed In Delgaudio Recall Case

Posted: Tuesday, March 4, 2014 2:33 pm

Posted on Mar 4, 2014 by Erika Jacobson Moore

A Circuit Court judge Tuesday ruled that the Sterling residents who filed a recall petition against Supervisor Eugene Delgaudio (R-Sterling) may not join the case as plaintiffs, but gave them leave to refile their motion after a new prosecutor has been appointed.

Judge Paul Sheridan, a retired Arlington County Circuit Court judge who was appointed by the Virginia Supreme Court to hear the case, denied the motion from attorney John Flannery to let the petitioners intervene. If granted, becoming a plaintiff would have allowed Flannery to depose Delgaudio under oath about the allegation made against him.
....

While not able to comment on the subpoena itself because, as of press time, SPLC had not been served, Heidi Beirich, director of the Intelligence Project for SPLC, said Tuesday, “We absolutely stand by our characterization of Mr. Delgaudio’s group as a hate group. The characterization is correct…we have a complicated process here for vetting organizations to put them on the hate list. We obviously take this very seriously because it is a big deal to call someone a hate group…but the amount of anti-LGBT statements he has made is outrageous.”

{Delgaudio’s attorney Charles King} Tuesday confirmed that he planned to subpoena the officers of the Sterling Deserves Better group, two of whom are former political opponents of Delgaudio’s.

[mahatmakanejeeves]

17. Update, with March 4's developments

Last edited Wed Mar 26, 2014, 10:06 AM - Edit history (2)

DC's channel 9 ran this video ran during the 7:00 p.m. local news last night.

Sterling supervisor takes on Southern Poverty Law Center

Delgaudio attorney: “My client is only a little guilty”

It’s always a pretty good sign that a crook’s legal defense is in trouble when he goes from adamantly denying he did anything to indignantly asserting that he did not take nearly as much money as they said he did.

Yesterday, Charlie King, the boyish attorney for perennially ethically challenged Loudoun Republican Supervisor Eugene Delgaudio (R-Sterling), spoke to reporters outside the Loudoun Courthouse after his client’s latest appearance in the case to have him removed from office for corruption. While Delgaudio displayed his trademark buffoonery by bringing a snow shovel and pretending to shovel snow off the courthouse lawn for the benefit of the TV crews (you have to watch him here on WUSA9 to believe him), King explained that he planned to challenge the claim of former Delgaudio aide Donna Mateer that she had been required to spend most of her office hours — while on official time at taxpayer expense — making phone calls to solicit political campaign contributions for her boss.

As the special grand jury which investigated Delgaudio noted last year, such political work by taxpayer-paid staff is a blatant misuse of office and a misappropriation of public resources that would have led to an indictment, were it not for the bizarre loophole — now in the process of being closed by the state legislature — that exempts “part-time” employees including county supervisors from the penalties of the law in such cases.

But King said in fact he had proof that Mateer made “only” 107 phone calls from the fundraising list Delgaudio had provided her, and that he plans to challenge Mateer on this point when he cross-examines her. ... This apparently marks a new milestone in the evolution of how politicians respond to scandal, which will secure for Loudoun a footnote in American political history as the place where “I am not a crook” was supplanted by “I am less of a crook than you might think.”

Southern Poverty Law Center defends ‘hate group’ designation of Delgaudio group

Tuesday, Mar. 4, 2014 by Trevor Baratko

Responding today to news that the Southern Poverty Law Center will be subpoenaed for its file on Loudoun Supervisor Eugene Delgaudio (R-Sterling), an SPLC spokeswoman said her organization fully intends to stand by its classification of Delgaudio's ultra-conservative advocacy organization as an anti-gay hate group.

The SPLC official, Heidi Beirich, would not comment directly on the specifics of the subpoena, but she repeated claims that Delgaudio has consistently attacked and demeaned gays, lesbians and immigrants through the nonprofit group he manages and founded, Public Advocate of the United States.

The SPLC is an internationally recognized civil rights nonprofit group based in Montogomery, Ala.

Delgaudio attorney apparently switching sides

Posted on March 3, 2014 at 6:27 pm by Epluribusunum |

Leesburg Today reports that Charlie King, the attorney representing Eugene Delgaudio in the citizens’ effort to have Delgaudio removed from office by the Circuit Court, has filed a subpoena seeking documents from the Southern Poverty Law Center.

The rationale for the subpoena, according to Charlie King:

“Almost every article written about Supervisor Delgaudio mentions the designation of Public Advocate as a hate group by the Southern Poverty Law Center,” King said in an email statement. “The Sterling petitioners (in a petition to remove Delgaudio from office) cited Public Advocate’s hate group status as one basis for removing him from office. In today’s America, calling somebody a member of a hate group is serious.”

Yes, it certainly is. And now I don’t know who, if anyone, is in charge of strategy over at Public Advocate/Office of the Sterling Supervisor.

Regarding SPLC’s 2012 addition of “Public Advocate of the U.S.” to its short list of anti-gay organizations extreme enough to be called “active hate groups,” Delgaudio only sings one note. Every transparently planted online comment, every press release, every public utterance directed at Loudoun County we’ve seen has repeated the same monotonous talking point: That the SPLC designation was made “because Public Advocate upholds traditional marriage.”

Loudoun Supervisor Eugene Delgaudio’s advocacy organization designated a ‘hate group’

Posted at 04:29 PM ET, 03/26/2012

Loudoun Supervisor Eugene Delgaudio’s advocacy organization designated a ‘hate group’

By Caitlin Gibson

This post has been updated.

[mahatmakanejeeves]

18. Update, with March 25's Developments

Recall petition case against Delgaudio proceeds with commonwealth attorney as prosecutor

By Caitlin Gibson, Published: March 25

A recall petition case that seeks to remove Loudoun County Supervisor Eugene Delgaudio from office will continue in court in May, with Arlington County Commonwealth’s Attorney Theo Stamos representing the Sterling voters who filed the petition.

At a status conference Tuesday in Loudoun County Circuit Court, retired Arlington County Circuit Court Judge Paul Sheridan — who was appointed to preside over the matter after Loudoun Circuit Court judges recused themselves — confirmed that Stamos would represent the petitioners, and agreed to give attorneys on both sides several weeks to review evidence and testimony gathered during a criminal investigation of Delgaudio (R-Sterling) last year.

Arlington Prosecutor To Remain On Delgaudio Case; Subpoena Provisions Tossed

Posted: Tuesday, March 25, 2014 8:13 pm
By Erika Jacobson Moore Leesburg Today

The appointed commonwealth’s attorney will stay on as prosecutor in the case that seeks to recall Supervisor Eugene Delgaudio (R-Sterling), but Delgaudio’s attorney has been limited in his subpoenas against several Loudoun residents.

In court Tuesday, Judge Paul Sheridan, a retired Arlington County Circuit Court judge who was appointed by the Virginia Supreme Court to hear the case, denied a motion that sought to disqualify Arlington Commonwealth's Attorney Theo Stamos from prosecuting the case.

John Flannery, the attorney for the group of Sterling residents that filed the recall petition against Delgaudio, motioned that Stamos be removed from the case because of past statements that she “didn't believe there was any reason to go forward with any investigation of Mr. Delgaudio.”
....

Waiting until the end of the hearing to speak, Stamos said her duty is to “further the best interests of the commonwealth and not the best interests of the petitioners” as laid out by the Supreme Court, and she said her office would not be a “vehicle to avenge” political positions. She told the court she had not, until Tuesday, “laid eyes on Eugene Delgaudio.” She said she was, however, aware of some of his statements made against the LGBT community, but they would not influence her trying of the case.

Arlington commonwealth’s attorney to remain the prosecutor in Delgaudio case

Tuesday, Mar. 25, 2014 by Trevor Baratko

Arlington County Commonwealth's Attorney Theo Stamos (D) will officially serve as the prosecutor in the ongoing recall effort to remove Loudoun County Supervisor Eugene Delgaudio (R-Sterling), a judge in Loudoun County ruled March 25.

Retired judge Paul Sheridan dismissed a motion by local attorney John Flannery to have Stamos disqualified from the proceedings. Sheridan, a former Arlington County judge, appointed Stamos to the case earlier this month after Loudoun Commonwealth's Attorney Jim Plowman was granted a recusal. ... All Loudoun Circuit Court judges were also recused from the hearings.

The case centers around allegations Delgaudio misused public assets and abuse elected office. Several hundred of Delgaudio's constituents filed a petition in January to have the four-term supervisor removed. Central to the petitioners claims are that Delgaudio used public funds to conduct political fundraising for his nonprofit conservative lobbying organization, Public Advocate of the United States, which has been designated an anti-gay hate group by the Southern Poverty Law Center.

Delgaudio's foes say the Sterling supervisor's inflammatory rhetoric and fervent anti-gay views have contributed to dysfunction within Loudoun County government.
....

Contact the writer at [e-mail].

[mahatmakanejeeves]

19. Update, with March 28's Developments

Southern Poverty Law Center Files Objection To Delgaudio Subpoena

Posted: Friday, March 28, 2014 11:44 am | Updated: 12:03 pm, Fri Mar 28, 2014.
By Erika Jacobson Moore Leesburg Today

The Southern Poverty Law Center, as expected, has filed an objection to the subpoena served earlier this month by the attorney representing Supervisor Eugene Delgaudio (R-Sterling), as part of the ongoing case in which a group of Sterling residents is seeking to oust Delgaudio from office.

The Southern Poverty Law Center has designated Delgaudio's private business, Public Advocate of the United States, a hate group because of its its anti-LGBT actions and statements.
....

In its objection, which was submitted Monday by Alabama attorney Robert D. Segall, the SPLC said the items requested "are not reasonably calculated to lead to the discovery of admissible evidence" in the recall case and contends the subpoena "constitutes harassment given the fact that the documents are not discoverable or relevant" and that Delgaudio "is using the subpoena as a publicity tool to advance his organizational and political interests."

The objection also notes that much of the basis on the SPLC designation stems from information and publications readily available online and put out by Public Advocate itself. Other information is "confidential research" by the SPLC and therefore is protected, according to the objection.

[mahatmakanejeeves]

20. Delgaudio, Former Aide To Give Depositions In Recall Case

Delgaudio, Former Aide To Give Depositions In Recall Case

Posted: Tuesday, May 6, 2014 1:34 pm
By Erika Jacobson Moore Leesburg Today

For the first time since the legal proceedings against him began early last year, Supervisor Eugene Delgaudio (R-Sterling) will officially go on the record about accusations he misused his county office and staff members for political gain in a deposition later this month.

Arlington Commonwealth’s Attorney Theo Stamos, who was appointed as special prosecutor in the citizen-initiated recall case, will question Delgaudio under oath during a May 20 deposition at the Loudoun County courthouse. The deposition is closed to the public.
....

In late 2012, former Delgaudio aide Donna Mateer alleged she was tasked with setting up meetings to solicit political donations while she was working on county—and taxpayer—time and that he failed to adequately keep separate the work of his constituent offices and the nonprofit organization he leads, the Public Advocate of the United States, which has been designated by the Southern Poverty Law Center as a hate group for its opposition to gay rights.
....

In addition to Delgaudio’s deposition by Stamos, Mateer will be deposed by Delgaudio’s defense attorney Charles King. That deposition is set to take place at 10 a.m. Tuesday, May 13, at the Loudoun County courthouse. It is also closed to the public. ... The case will be back before the court at 11 a.m. Tuesday, June 24, for a status hearing. At that time, Sheridan asked the attorneys to be prepared to give information about evidence, witnesses and details for a formal hearing of the case.

Recall petition case against Delgaudio to continue in June

By Caitlin Gibson, Tuesday, May 6, 1:38 PM

A recall petition case that aims to remove Loudoun County Supervisor Eugene Delgaudio from office will continue with a pre-trial hearing in Loudoun Circuit Court in June, after the supervisor and one of his former employees are deposed by attorneys in the coming weeks.

[mahatmakanejeeves]

21. New motions filed in Delgaudio recall case

Well, this is weird.

New motions filed in Delgaudio recall case

Monday, Jun. 23, 2014 by Trevor Baratko

Four days before the next court hearing on the petition to remove Supervisor Eugene Delgaudio from office, an attorney representing hundreds of Delgaudio's Sterling constituents filed a string of motions adding to the complexity of the case.

John Flannery, the local attorney for the Citizens of Sterling group, which is seeking to have Delgaudio removed for abuse of public office, filed a motion Friday asking to have the appointed prosecutor dismissed from the case. Additionally, Flannery wants the recent depositions of both Delgaudio and one of his primary accusers, former legislative aide Donna Mateer, made public.

The prosecutor in question is Arlington Commonwealth's Attorney Theo Stamos, a Democratic elected official who led the 2013 special grand jury investigating allegations Delgaudio (R-Sterling) used public employees and Loudoun tax dollars for political fundraising. The Stamos-led examination did not bring forward an indictment against Delgaudio, but a final grand jury report did highlight a number of questionable practices in his office.
....

“Ms. Stamos has failed over several months now to conduct the most rudimentary and obvious discovery to substantiate the petitioners’ charge,” states Flannery's motion. “[Stamos has] even attacked the petition’s principal fact witness, Ms. Donna Mateer, and otherwise made the curious admission that she has never conducted a deposition in her 28 years of practice at the bar, that is, except for her scornful cross-examination of Ms. Mateer; accordingly, the Sterling Citizens respectfully request that this Court grant the following relief ...”

The hearing is tomorrow.