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Ethics board says Graham violated ‘code of conduct’

But gay Council member won’t face sanctions

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Jim Graham, Washington, D.C., gay news, Washington Blade
Jim Graham, gay news, gay politics dc

An ethics investigation against gay D.C. Council member Jim Graham was dismissed on Thursday. (Washington Blade file photo by Michael Key)

The recently created D.C. Board of Ethics and Government Accountability says it found “sufficient evidence” that gay D.C. Council member Jim Graham (D-Ward 1) violated the city’s code of conduct for a public official.

But in a 27-page opinion issued on Thursday, the three-member board declared that the improper actions it claims Graham took in 2008 to interfere with the selection of competing companies for lucrative Metro and D.C. Lottery contracts occurred before the city’s new ethics law went into effect last year.

Based on the U.S. Constitution’s prohibition on holding someone responsible for an action that wasn’t prohibited by law at the time the person committed the action, the board said it decided not to open a formal investigation into Graham’s alleged ethics breach and dismissed the case.

“[W]e find there to be sufficient evidence to conclude that Council member Graham committed one or more violations of the District of Columbia Code of Conduct, justifying a formal investigation and the issuance of Notice of Violation,” the board said in its opinion.

“However, Constitutional constraints concerning ex post facto application of the sanctions available to the board effectively prevent the board from imposing any sanction on Council member Graham for his misconduct,” the ruling states.

“Without the power to sanction Council member Graham, the Board concludes that there is little benefit to advancing the preliminary investigation to a formal investigation and issuing a notice of violation,” the board said. “Accordingly, this matter is DISMISSED,” it said.

Graham’s attorney, William W. Taylor III, said in a statement that he and Graham expected the Ethics Board to end its proceedings.

“It is disappointing and unfair, however, for the Board to purport to make “findings” which Mr. Graham has no opportunity to contest and had no notice would be at issue in this matter,” Taylor said.

The Board’s initial proceeding in the Graham case was to determine whether the board should conduct a “formal” investigation, not to determine whether Graham had committed ethical violations, Taylor said.

“Therefore, under its own rules, the Board was not permitted or required to make ‘findings’ about Council member Graham’s conduct,” he said.

The Board of Ethics, which is chaired by gay former D.C. Attorney General Robert Spagnoletti, began its probe into an alleged ethics breach by Graham after the completion of an earlier investigation conducted by a law firm on behalf of the Metro transit board.

That investigation found that Graham violated the Metro board’s ethics rules in his alleged dealings with a Metro contract. Graham was a member of the Metro board at the time the alleged improprieties took place in 2008.

The Metro board probe, and the Board of Ethics findings released this week, each claimed that Graham offered to support a bid for a lottery contract from a D.C. businessman if the businessman agreed to withdraw a separate bid for a contract from Metro. The Metro contract was for a major real estate development project on land owned by Metro.

The Ethics Board findings, among other things, allege that Graham wanted the Metro contract to go to another company whose two principal owners made campaign contributions to Graham in the past. Graham has vigorously denied his motive for favoring the bid from the opposing businessmen was based on their campaign contributions to him. He said he favored the opposing company because it was better qualified to carry out the development project.

In its ruling, the Ethics board said Graham violated three provisions in the Code of Conduct – he lost his independence and “impartiality,” he gave preferential treatment, and he damaged public confidence in government.

The Ethics Board’s findings prompted the Washington Post to publish an editorial Thursday night calling for Graham to resign from the Council.

“I am not resigning,” Graham said in a statement released on Friday.

“There has been no allegations or suggestion that a crime has been committed, or that there is an illegal financial request or laws that have been broken,” he said. “I categorically deny any connection between any campaign donation and my actions on these matters.”

Graham added, “I am now in discussions with my lawyer as to next legal steps.”

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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference student’s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery County Police identified the arrested student as “Andrea Ye, of Rockville, whose preferred name is Alex Ye.”

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Ye’s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about as character in a 129-page manifesto outlining plans for a school shooting. Police have said Ye told them the manifesto was a fictional story he planned to publish.  

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a “biological female.”

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to “admit that this individual was transgender.”

“Because it’s not a lead,” Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is “a white Christian male who’s heterosexual.” Elrich stated, “No, you don’t – You never publish somebody’s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. It’s not a news story. It is not a crime to  be transgender.”

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Ye’s manifesto appearing to make threats of a mass school shooting.

“Now, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,” Jones said. “I commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,” he told the gathering.

“Thanks to their swift action and cooperation a potentially catastrophic event was prevented,” Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

“But this case is different,” Jones said. “This case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspect’s manifesto to the authorities. This underscores the value of community engagement and the ‘see something say something’ approach,” he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.’s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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