Federal prosecutors face a minefield of obstacles in deciding whether to pursue corruption charges against D.C. Councilman Marion Barry, from the statements of a seemingly conflicted lead witness to a long history of failed actions against the former mayor.
Barry was censured Tuesday, stripped of his housing committee chairmanship and removed from the finance and revenue committee for awarding a personal services contract to then-girlfriend Donna Watts-Brighthaupt and abusing the earmark process. The investigative report, depositions and evidence collected by special counsel Robert Bennett, council members agreed, will be referred to the U.S. Attorney’s Office for D.C.
“Once it’s referred to us, obviously we’re going to take a careful look at it and decide how to proceed,” said Ben Friedman, spokesman for the U.S. attorney.
Prosecutors are cautious of pressing charges despite Bennett’s detailed accounting of Barry’s alleged misdeeds. A law enforcement source told The Examiner that a successful public corruption case would be difficult with a lead witness, Watts-Brighthaupt, who has publicly contradicted herself and is still seen with the former mayor on occasion.
“I don’t see any legal obstacles,” said Joseph diGenova, a former U.S. attorney. “Certainly when there is evidence such as this, it needs to be investigated and it should be investigated. … That doesn’t mean necessarily that charges would ensue.”
If Watts-Brighthaupt has made contradictory statements, diGenova said, “That’s a problem for her. It’s not a problem for prosecutors.”
Barry, 73, has always been a slippery target, from his 1990 misdemeanor drug conviction — he was charged with three felony perjury counts and 10 counts of misdemeanor drug possession — to his 2007 acquittal on drunken driving charges. Last year, prosecutors insisted that Barry go to jail for failing to pay his taxes. He walked away with probation.
The Ward 8 councilman vehemently denies violating any law, rule or regulation. In his 20-minute plea to his peers ahead of the censure vote, Barry complained of being “singled out unfairly for something I did not do.”
“I’m sure Mr. Chairman you don’t want your legacy to be you punished Marion Barry on the words of one person,” Barry said to Council Chairman Vincent Gray. “You’re too good a person.”
Barry also grouched of a double standard. Ward 1 Councilman Jim Graham, Barry said, was not yanked as chairman of the Committee on Public Works and Transportation following the arrest of his former chief of staff on bribery charges.
“No one has suggested I’ve done anything wrong,” Graham said after the meeting. “That distinguishes me from these low tactics, to bring me into this.”
