Virginia Lieutenant Governor Faces Eroding Support From Democrats After New Accuser Speaks

Feb 08, 2019 · 608 comments
Amy (Brooklyn)
The Democrats need to do some serious introspection. Most of the politicians involved in these scandals have been Democrats. What is it that makes Democrats more sleazy than Republicans?
E. Smith (NYC)
Sleaze has nothing to do with political parties. It's all about individual behavior.
historicalfacts (AZ)
Why should this be treated any differently than the accusation against Brett Kavanaugh? If this had been a GOP AG, they would circle the wagons. Why should the blackface be any different from the criminal racist case against Trump and his father refusing to rent to black folks, or his incessant birther attacks against Obama, or his racial hatred demonstrated against the innocent Central Park five? C'mon Democrats, quit falling on your swords when the Presidrnt has done far, far worse and gets a pass.
Joe Schmoe (Kamchatka)
@historicalfacts The accusations are felonies not misdemeanors? Both women are absolutely certain of their attacker? Attacker was not a minor?
SRM (Los Angeles)
@historicalfacts Perhaps because the Democrats want to establish a different standard. If there are criminals or cheaters on the other team, embracing cheating or criminality on your side is not the choice that most would make (I hope).
Sam Wilen (Durham NC)
Maybe Fairfax ought to scream and yell and pound his chest. Then people might believe him. Nah, that only works for Republicans who want to be on the Supreme Court of the land.
PegnVA (Virginia)
Fairfax should at least show us his calendar for the year 2000.
Robert B (Brooklyn, NY)
These are very serious charges, so of course Senator (and presidential candidate) Kristen Gillebrand jumped in and demanded Fairfax resign immediately. Gillibrand, in making sure to deny Al Franken the due process he requested and was entitled to, is the reason dealing with credible charges of sexual assault is a disaster. I, a former prosecutor and current defense attorney, wrote extensively of how it was wrong on every level. I was convinced Franken would lose the ethics hearing, but it would show Americans that charges could be taken seriously and treated impartially. I predicted the Franken debacle meant prominent Republicans facing far worse allegations would walk by claiming Democrats cared nothing for due process. It's exactly what Bret Kavanaugh did. Further, I predicted right-wing operatives would see Republicans as immune and seek any possible sign of potential bigotry or sexual misconduct in every Democrat's past. It is worth considering how little any of this negatively impacts Republicans. Trump and Kavanaugh are sexual predators, and Trump's former head of the DOJ, Jeff Sessions, was a Klansman heading the Civil Rights body President Grant created specifically to stop the Klan. Gillibrand, a lifelong right-wing Republican and protégé of Republican, Al "Dirty Tricks" D'Amato, miraculously transformed herself into a progressive. She created a standard for summary removal of Democrats by Democrats which Democrats, but never Republicans, must now live with.
Victorious Yankee (The Superior North)
It's clear what has to happen next; Tyson has to take a lie detector test and if she passes her alleged attacker just says she practiced on how to beat the test then he gets promoted to supreme court justice. Only kidding. What do you think I am a dirty republican? No. Sorry Lt Gov. but you gots to go!!!
Doc Rock (Missouri)
We're supposed to believe that she came forward now because she is concerned that the guy might become governor of Virginia, but she had nothing at all to say publicly to anyone, when he became the lieutenant governor of Virginia?! Maybe the guy is guilty, maybe he's not. There's not enough evidence either way to make a determination. I'm sure not going to believe a person just because they possess ovaries. Making sure women's stories are heard is one thing. Believing every woman, every time, well that's an entirely different proposal. You know why? Because women lie just as much as men do. So many people try claiming "she's not in it for the money", or "she wouldn't say this if it wasn't true". These people clearly have never met one of the numerous attentionwhores out there in real life.
SRM (Los Angeles)
@Doc Rock Dr. Tyson spoke with the Washington Post in 2017 when Fairfax was elected. They decided not to publish. This was all in the Times earlier story, and is recounted in her statement.
Paul (Phoenix, AZ)
Fairfax should pound the table, scream and yell about a witch hunt, describe the personal humiliation he and his family have suffered over media exposure regarding the alleged charges, claim this is payback for Robert E Lee and become a new darling of conservatives every where.
DL (CA)
@Paul Yelling about beer might help too.
Lynn in DC (um, DC)
I don't find Dr Tyson credible. I have a problem with trying criminal accusations in the media. Why did she not file a police report? She worked at a rape crisis center and presumably knew the importance of using the justice system to hold rapists/sexual assaulters accountable. Why did she wait nearly a decade and a half, when her alleged assaulter was to be appointed governor, to come forward? I look forward to the results of the new police investigation. Oh wait....
Jyoti (CA)
I also don't find Dr. Tyson credible. Her reasons for not reporting in 2004 ".. I felt shame and humiliation to report...." , doesn't sound convincing, coming from an a Princeton grad, U. Chicago Ph.D. In her current role, in helping rape victims, doesn't she tell victims that report as soon as you can? She herself however waited for over a decade, till her alleged assailant became a candidate for governor of a major state? And she says " I have no agenda..". Give me a break.....
Anne (Portland)
@Lynn in DC: If she worked in rape crisis centers then she knows exactly how often the justice system fails survivors of sexual violence (reducing it to he said, she said, and dismissing further investigation).
Ione (Atlanta)
@Lynn in DC I agree with you! thank you.
Nancy Knoebel (Bethlehem PA)
Well with that kind of trouble, he’s going to have to lower his sights to maybe a seat on the Supreme Court or the White House.
American Grandma (Virginia)
The Democrats terrorized Justice Kavanaugh for two months. Now live in your own reign of terror. Diana Feinstein, where are you? Do you believe Professor Tyson? She is by far more credible than Christine Ford.
oak alley (NYC)
@American Grandma Terrorized. Classic. You mean "tried to hold Kavanaugh accountable?" I'm happy to see Kavanaugh and Fairfax go down together and disappear from public life. Justice is not a partisan issue.
Deb (<br/>)
@American Grandma She is neither more credible nor less credible than Christine Ford or Anita Hill. I am puzzled why Breitbart broke the story and why she did not go to the New York Times as well as WAPO? Allegations need to be taken seriously but let us remember false accusations occur as well.
BettyK (Sur la plage de Coco)
@oak alley It is, though, for Grandma. Kavanaugh: terrorized and innocent. Fairfax: guilty. “Tyson is much more credible than Blasey Ford.” Wonder if that’s because Fairfax is a Democrat? Of all the reactions of right wingers, the one that the accuser of a black Democrat is much more credible than that of a white Conservative simply floors me.
glenn (ct)
Investigate before taking action....just like what was done for Kavanaugh.
Ralphie (CT)
The most ludicrous position that the virtue signalling crowd takes is -- well even if you aren't guilty of... you can't govern so you have to resign anyway.
Zdude (Anton Chico, NM)
Lt.Gov Fairfax, an attorney knows that unless there is a trial that finds him guilty he doesn't have to go anywhere; his ambition/ego compels him to stay. Of course the fact he still can practice law while serving as Lt. Gov means he'll be busy readying his exit from his once promising political career. Fairfax and many who think like him do not realize that the tide has shifted. The fact there probably won't be a rape trial doesn't mean Fairfax will win the war on his crumbling political capital. The alleged victims by speaking out have illuminated an alleged pattern of Fairfax's behavior ----a sudden ambush that overwhelmed them. So while Fairfax may win the battle on staying in office, he clearly has lost the battle of a long political career. Unless of course he's appointed to the US Supreme Court by an inevitable Democrat US President.
pb (calif)
Don't get crazy Democrats!! We worked hard to take Virginia back from the radical right. Work through this and remember that more can be achieved by Democrats in the areas of racial justice, voting rights, and womens' rights than under a GOP rule. You will be forgiven.
Truther (OC)
Having grown up in VA, this whole episode is highly embarrassing to say the least! Having said that, Justin Fairfax deserves ‘due process’ as much as the two accusers, no matter the ‘alleged’ wrongdoing. Last I checked, this was America where ‘innocent until proven guilty’ didn’t just apply to the privileged White and/or Republican court nominees or legislators. If ever there were a time for the Democratic Party to stand up and fight for their own, THIS would be it! Not least because the other Democrats who were supposed to resign will now likely see themselves to the end of their term (and just happen to be ‘white’) and the ‘black’ Lieutenant governor (who was to replace the Governor) is being thrown under the bus, without any investigation or hearing whatsoever (almost sight unseen). All those Republicans calling for Mr. Fairfax’s ouster should be ASHAMED of themselves after B. Kavanaugh was sworn in despite all the accusations and testimony, not to mention how Dr. Blasey Ford was ridiculed by every Republican from the top down. Enough is enough! It’s time the Democratic Party grows a spine and defends their own, FOR ONCE. Even Northam deserves to be given a second chance, given the criminals that are running amok in the WH, cabinet and the Republican Party, in general. If the American public still fails to see the duplicitous nature and the treasonous conduct of the Republican Party, not sure what will become of the Republic! God bless, nah save America!
PLH Crawford (Golden Valley. Minnesota)
The Democrats will never ever be able to accuse anyone ever again in the Republican Party of racism and/or sexism if they do not clean up their own party. There will be another definition in the dictionary under the word Hypocrisy: Democrats.
rcrigazio (Southwick MA)
Is there a racial tinge to this saga in Virginia? The Virginia Democratic Party seems just a little too anxious to jettison the Lieutenant Governor, while charges of racism, support for infanticide, and more importantly, of utter hypocrisy, against the Governor and the Attorney General seem to have faded into the background. Could race be playing a role in the crumbling of Fairfax's party defense here?
Steve (longisland)
This man may be a sexual predator. How many of us believed in Cosby until we saw the train of evidence and accusers. Today we have two. I bet there are more. If the statute of limitations had not expired the DA should go before a grand jury. Indict him.
Joel Geier (Oregon)
There is a key difference between VA Atty. General Mark Herring and the other two Virginia leaders implicated in past behavior that was extremely offensive or -- in the case of Lt. Gov. Fairfax -- possibly even criminal. Mr. Herring came forward entirely on his own to confess his past behavior, and gave a sincere apology. Unlike Gov. Northam, he didn't try to walk his apology back a day later. Unlike Mr. Fairfax, he isn't denying what seem to be credible allegations now from two different accusers. If I were a Virginia voter, Mr. Herring would still have my confidence as someone who is fit to lead. I'd have much less confidence in Mr. Northam or Mr. Fairfax.
J the J (Washington State)
Would it be hypocritical for the Republicans to call for Mr. Fairfax's resignation? After all, they confirmed two SCOTUS justices who had accusers come forward and testify. SCOTUS justices can be impeached or they can resign. Maybe that's a different story...or not.
Anne (Portland)
Where there's one, there's usually two. If if there are two, there are likely more. Predators have patterns. What's sad is that with one woman speaking out she's assumed to be lying or to want attention. When two speak out, it's said it's a coordinated political smear. When three speak out, people start to maybe believe. How many women did it take before people took the idea seriously that maybe Cosby and Weinstein (and priests) were actually abusing people as initially stated. It takes one brave person to be that first one...
HRD (Overland Park, Kansas)
Why are so many NYT readers mixed up about “due process” and “innocent until proven guilty”? Those are legal concepts relevant to a criminal trial. Being removed from statewide office after credible evidence of wrongdoing is not “punishment,” and it is certainly not a criminal proceeding.
Zareen (Earth)
We know our criminal and civil justice systems have completely failed victims/survivors of sexual violence if the only way they believe they can be heard and taken seriously is by going to the press and publicly outing their alleged abusers. How much money has gone to these systems to improve their responses to sexual and domestic violence? Is it money well spent because the metoo movement seems to suggest otherwise? Why aren’t we talking about this fundamental problem because it’s really the elephant in the room and must be part of any meaningful criminal (and civil) justice reform efforts?
Visible (Usa)
For all those calling for due process... Fairfax is not being sent to jail here. He is potentially losing his job. People lose their job every day for reasons that don't include due process. If Fairfax might be sent to jail, then yes, of course, there will be due process.
Smotri (New York)
Why should Lt. Gov. Justin Fairfax, in particular, resign, when Attorney General Mark Herring and Gov. Ralph Northam stay in their jobs?
Lefthalfbach (Philadelphia)
There is a flaw in the ‘DUE PROCESS” issue. Fairfax is not charged with a crime. He is not being jailed without trial. He is not being ordered to pay damages without there having been a trial. In these circumstances, the only Due Process he can have is if the VA House of Delegates moves to Impeach him. The GOP Speaker has indicated that he is opposed to that. The only other Due Process available would be if either woman filed charges, assuming that either case is still viable under the relevant statutes of limitation in MA and NC, respectively. There is also a flaw with NO CORROBORATION defense. There are ALMOST NEVER witnesses to rapes. Therefore, there is almost never eyewitness corroboration. Having your resignation demanded is not “...punishment... in the Constitutional sense of the term.
James Wakefield (London)
People saying that Fairfax should be found guilty in Court before he steps down, good luck trying to prove a historic sexual assault/rape allegation 'beyond reasonable doubt.' It's extremely difficult. Moreover, public officials should be held to a more onerous standard than a private citizen. If a jury thinks that it's more likely than not that a defendant committed a crime, that will not lead to a guilty verdict. Yet, most people would agree that this defendant should not continue to hold public office, especially if the crime in question was rape.
Larry (Left Chicago’s High Taxes)
The accusers have the right to be believed! Two brave women have come forward, how many other victims are there who are sadly to scared or intimidated to come forward?
Will (Chicago)
There is no statute of limitations for rape in NC. If the accusers want to bring forth charges and put this man on trial they have the right to do so. Until that happens, and only if the Lt. Governor is convicted, the media should report on this and legal, career and social sanctions should not be imposed.
Peter Zenger (NYC)
Certainly, Mueller should immediately be put to work investigating Fairfax. And also, of course, his lawyers, anyone who headed his campaign, and all of his "close associates". I'm sure Fairfax must have some relatives - them too. And we will need to see the tax returns of his paperboy. Investigation isn't justice. It is a dangerous disease.
djehuitmesesu (New York)
A solution: Fairfax steps down, and Governor Northam appoints a new lieutenant governor, who is palatable, sans scandal, and possibly female. He then steps down, she/he takes over office.
Laurie C (New York )
One question stands out that no one seems to be asking. Where were these women when Fairfax was becoming lieutenant governor? Why didn’t they come out then? I am a woman of past sexual assaults and I understand what’s going on. I have changed jobs so many times because of the harassment. That was then, this is now. Where were these women when he was becoming a lieutenant governor? Just saying.
Tournachonadar (Illiana)
Why didn't Ms Watson raise a cry back years ago when the incident with Fairfax allegedly took place? Come on. This is a GOP-engineered witch hunt contrived by the Republican National Committee's attorneys.
No labels (Philly)
I’m surprised that these Democratic politicians don’t use the Donald Trump playbook when accused or wrongdoing; simply accuse your accusers of a politically motivated witch hunt and tell your supporters to ignore them. In this case it may actually be true.
EPMD (Dartmouth, MA)
He has not made an impeachable offense. He needs to be indicted and prosecuted first. Trump would be impeached by this standard 2yrs ago.
Elena Rose (Detroit)
I am amazed at the defense and excuses being made for Mr. Fairfax. He needs to step down now. Suddenly there must be an investigation! Suddenly we must hear his side! Really? Do you all honestly think the vast, overwhelming number of women of who speak up suddenly decide to go public? Rape is a harrowing experience, and so is reporting it. Do you honestly think ANY woman (or man) has anything to gain by going public? Reader remarks are signs #metoo needs to stay firmly in place. Mr. Fairfax needs to step down now.
Debra (Chicago)
The color does not matter. This man should resign. Assaults and rapes cannot be tolerated by those in leadership positions. We need to send a clear message. It is more than likely this man harbors lingering gender discrimination. The blackface is not illegal, just reprehensible. Let the voters decide about Northam.
JP (NYC)
Let's call this mess exactly what it is: black privilege. If Mr. Fairfax were white, he would have been run out of town with pitchforks, but the identity politics wing of the Democrats has a different standard for POC. Compare this to how Franken was treated, and the double standard becomes very clear.
Dino (Washington, DC)
I see that Sen. Kamala Harris, a former prosecutor, has called for Mr. Fairfax to step down. I would think that Ms. Harris, a former prosecutor, would know the difference between an accusation and a conviction . . . but, here we are! I fear the democrats and their embrace of mob justice.
Joel Stegner (Edina, MN)
When the alleged victims start presenting evidence that they told others it happened, that is more convincing that just he said/she said, but this falls short of the gold standard - immediately reporting attacks to the police and providing physical evidence. Three things need to happen. First, men need to hear the word no - it needs to be said, heard and responded to. Second, women who are assaulted need to report promptly. This means that charges are made and guilt is determined. Men get fair consequences and other women are less likely to be victimized. Third, women who report promptly need to be taken seriously and not victimized a second time by the justice system. Reporting years later does not work. It is very hard to sort out how to handle it. Men and women should learn to be more careful about these situations, to be clear on consent and committed to being lawful.
Sydney (Chicago)
At the moment, these are allegations brought to light by ultra Right-Wing, former Bre itbart operatives, nothing more. I think that these allegations against Fairfax should be investigated and the individuals involved should be given a televised, public hearing, as was afforded to Brett Kavanaugh, who was also accused of sexual assault and who is now serving as a US Supreme court Justice, lest we forget. In my opinion, whatever the outcome of an investigation/hearing, there is an agenda here and the accusers are being used for that agenda.
Reader In Wash, DC (Washington, DC)
Fairfax should remain. Let the "victims" file complaints with the police and let the chips fall where they will.
Joe Kernan (Warwick, RI)
As a life-long Democrat, I hate to say it but I think it is time for the Democratic National Committee to do routine oppositional research on its own candidates. If it was so easy for the opposition to find out the unsavory history of Democrats, it should be just as easy for investigations into anyone looking to lead their city, their state or their country of any party, or any Independent for that matter. It's time for Democrats to become big brother (not Big Brother) to those who wish to serve and discourage questionable candidates from runniing, or assist them in redeeming themselves, if that is possible, before they do. Otherwise, we will continue to see the public will thwarted by post-election exposure of wrongdoing.
john boeger (st. louis)
i have no idea whether any of these allegations are true. however they are very old and apparently these women did not go to school authorities or the police or a prosecutor's office immediately after the alleged attacks. if i knew i had not raped anyone and these allegations were leveled at me, i would not resign, etc. i would fight and thus defend myself. there are crazy, bad, evil, lying women and men in this world. we have a system of trying to figure out whether a person is guilty of a crime or not. simple allegations should not require a person to resign from his job and thus ruin his career.
Jean (Holland, Ohio)
Democracy is a constant ride on a teeter-totter that balances conflicting individual and societal rights. Sometimes, like here, it is a bumpy teeter-totter. People who did not feel comfortable revealing disrespect of their own rights in the past and who belatedly announce that they were harmed will not always be believed. And people who are accused are at risk of the loss of "due process". In a democracy, we must never be in a rush to sacrifice one group over another. But finding the balance will not always be easy--as in these cases.
Thomas Aquinas (Ether)
Really? People are seriously calling for Mr. Fairfax to step down because two women have come out of nowhere and are accusing him of sexual assault? What ever happened to due process? What’s happening in this country is very very disturbing and will not end well.
Dr. Planarian (Arlington, Virginia)
Justin Fairfax knows whether he committed these acts or not. If he did, he should spare Virginia the ordeal of impeachment and step down. However, there are significant holes in these women's stories that leave a strong presumption of innocence. In the first instance, her actions strongly imply that any sexual activity was fully consensual. Furthermore, there is indication that she approached Fairfax a year ago with a threat to reveal her innuendo publicly, but did not do so. In the second, there is a very real question of why she did not report the act to the police, particularly when any shame-based excuse is largely nullified by her admission that she told her friends about it. But there's more. In the wake of the effort by Virginia's Democrats to relax restrictions on late-term abortions, the anti-abortion crowd (who I refer to as the "Fetus People"), who are not known for their devotion to truth, and their abetters in the Virginia Republican Party are strongly motivated to smear and hector Virginia's leaders. Virginia Republicans have a history of this, as do Republicans nationwide. Tai Collins, Chuck Robb's fling, was on the payroll of the Va. Republican Party, and we all remember the Arkansas Project. I believe that Republicans want to wrest the State House out of the hands of the voters of Virginia as they see their gerrymandered control of our legislature slipping away. Guilty? Yes, step down. But if not, stand and fight.
Tony C (Cincinnati)
The Virginia Constitution provides for impeachment for malfeasance in office. It doesn’t cover allegations of misconduct from 15-20 years ago. Fairfax was elected by the citizens of Virginia, black and white, women and men. The current controversy is an attempt to nullify the election.
Dale Robinson (Kenmore, WA)
Republicans sure didn’t care, and thanks to them, we have a young Supreme Court justice ready to change history for the worse.
Southvalley Fox (Kansas)
How about THIS? We have an investigation and FIND OUT what happened instead of rushing to judgment and pulling an Al Franken on theses guys? I'm tired of the right encouraging women to "come forward" as means of punishing when they lose elections. Not saying that's what happened here,l but I'd sure like to KNOW instead of using Me Too as a witch hunt
Oliver (New York, NY)
It is better to let 100 guilty men go free than to convict one innocent man.
J. Alfred Prufrock (Oregon)
Another example of the electronic lynch mob's guilty until proven innocent mentality. File a criminal complaint. Doesn't anyone see the damage that is done when someone throws out accusations with no evidence? How would anyone here feel if they were subjected to unsubstantiated accusation? Men, try explaining to your wife if someone accused you, 15 years later, of rape? With no criminal complaint filed.
Edward (Honolulu)
The liberal media and their advertisers not only in the news section but in the entertainment and lifestyle sections determine what’s politically correct. You look at the ads and the feature articles, and you see a wonderful integrated society with middle class blacks living in million dollar homes, fit housewives doing aerobics and the occasional gay couple usually white and middle class thrown in for good measure. How different is the ugly reality that we see on display in Virginia. I’m no fan of Strzok, but I can see what he meant when he felt like holding his nose while standing in line at a Walmart in rural Virginia.
Carsten Neumann (Dresden, Germany)
Why did Ms. Watson and Dr. Tyson not reimburse criminal charges against Lt. Gov. Fairfax immediately after he allegedly raped them? When they first time come up with it 15 resp. 19 years after the incidents occured, their accusations do not appear credible.
Sam (SF)
@Jake. Clinton has consensual sex with an intern. She was of age to consent. This is not the same as sexual assault. Adultery yes but not assault. I don’t know if Fairfax assaulted Tyson. If she consented then there is a parallel to Clinton. If not then there is no sense in grouping these things together
S North (Europe)
I saw this issue being described as an 'excruciating choice' for Democrats. It shouldn't be. Nobody should get a pass on allegations of sexual assault.
njglea (Seattle)
Once again we learn that democracy is messy. Corruption and https://www.seattlepi.com/news/article/A-tip-from-a-concerned-citizen-helps-a-reporter-13585192.phpracism have no political affiliation. People are people. I do not disbelieve the women accusing Mr. Fairfax but do question the timing. Where were they when he was running to be Lieutenant Governor? The attacks on both the Virginia Governor and Lieutenant Governor were started by a hard-right website. The attacks on the governor started right after he upheld a woman's right to choose what she does with her own body. The media jumped on the story like a bunch of hyenas without doing their homework. I do not believe any of the three democrats should resign. The women can bring a civil suit against Mr. Fairfax and, if he's guilty, he should be prosecuted and step down. Otherwise WE THE PEOPLE must be diligent about what we believe, knowing that the hard-right and Russians who are trying to destroy OUR democracy are hard at work with their propaganda. Need proof? Even Jeff Bezos doesn't know how the hate-rag Enquirer got the snapshots of him. If you would like to read more about the Virginia debacle see the link below: https://www.seattlepi.com/news/article/A-tip-from-a-concerned-citizen-helps-a-reporter-13585192.php
njglea (Seattle)
Apologies for the double link to the article I referenced. It really is worth a read.
Ryan (Midwest)
I did not disbelieve Ms. Blasey Ford but did question the timing. Where was she when he was nominated to the D.C. Circuit Court? The attack on Kavanaugh was started by the left wing WaPo. The attack on Kavanagh started right after it became obvious he would be a critical vote on the question of whether it's a woman's right to choose what she does with her own body. The media jumped on the story like a bunch of hyenas without doing their homework. I did not believe Kavanugh should resign. Ms. Ford can bring a civil suit against Mr. Kavanaugh and, if he's guilty, he should be prosecuted and step down. Otherwise WE THE PEOPLE must be diligent about what we believe, knowing that the hard-left is trying to destroy OUR democracy are is hard at work with their propaganda.
Raconteur (Oklahoma City, OK)
@njglea "I do not disbelieve the women accusing Mr. Fairfax but do question the timing. Where were they when he was running to be Lieutenant Governor?" Did you question the "timing" of the allegations against Supreme Court Justice Kavanaugh...allegations that surfaced only just before the completion of his confirmation hearings? The accusations against Fairfax are far more serious and far more detailed and comprehensive than those that were leveled by Senate Democrats at Kavanaugh, no? Hypocrisy aside...Democrats cannot in good conscience abide Fairfax continuing to hold office...listen to Mazie.
Charles Michener (<br/>)
Due process. Due process. Due process. That's what our system of law is all about. These are serious charges and they deserve a serious investigation and, possibly, legal airing. I thought we were country in which one is considered innocent until proven guilty. Accusations of sexual misbehavior are notoriously difficult to prove. Nonetheless, that does not mean we should throw the principle of presumed innocence out the window (see the 14th Amendment) and join countries like North Korea, Myanmar, Saudi Arabia and Pakistan, where the presumption of guilt extends even to the victim, often a woman who has suffered rape or worse.
DW (Philly)
@Charles Michener Yup, due process, presumption of innocence … all good. And all apply to whether one is prosecuted and convicted in a court of law - not to whether one is entitled to hold high political office. I have not heard one person, here or elsewhere, claim that any of these three men should be thrown in jail without due process, a fair trial, a right to face their accusers, and all of the myriad protections our legal system offers to the accused.
Larry (Left Chicago’s High Taxes)
@Charles Michener. This is not a court of law. Due process does not apply
Robert (Out West)
Fairfax’ problems aren’t part of any legal process, as he’s apparently well outside the statutes of limitation. His “due process,” rights are closer to those in a workplace disciplinary process. Good luck getting politics to work that way.
Meg (Troy, Ohio)
Why do Democrats never call for due process and investigation before they jump right to resignation or impeachment? Because too many of them are running for office and worried about votes. In America, we are presumed innocent until proven guilty. These serious charges need to be investigated. Why don't we try that first before going directly to assuming Fairfax is guilty and should resign. An accusation is not the same as being found guilty of a charge. You'd think these politicians--many of them lawyers--would know that and show a bit of restraint and common sense for a change.
Christopher Mcclintick (Baltimore)
Democrats need to take a deep breath and step back from the excesses of the Me Too movement and the abject silliness of those who believe in the notion of guilty until proven innocent or, as with VA Lt. Gov, Justin Fairfax, that you are just plain guilty if accused. Investigate the allegations first and then act accordingly should the allegations prove true. However, the calls by the various Democratic presidential candidates for Fairfax to resign before any investigation should be disqualifying, no matter the eventual outcome. No one should vote for opportunists and candidates whose understanding of the principles of democracy is, at bottom, paper thin.
Brock (NC)
As a citizen, Fairfax has the right to due process during criminal proceedings. As a politician, he does not have the right to due process in the court of public opinion. These allegations seriously damage his ability to execute the duties of his office, and he should resign immediately. If Fairfax and his supporters truly believe these allegations to be of no consequence, he can run for office again next cycle. Let's see how he does.
CP (NJ)
All I see coming out of this debacle is a rising level of purity testing to the point where no one is clean enough for public service. At that time, which may be now, we will get it another President Jimmy Carter, one of the finest people ever to serve in the office but a political lightweight who was continually outfoxed while there. After his service to his country, he became the best ex-president we ever had because he lives his principles. But we need someone with more political savvy in most offices, especially in today's highly partisan environment, and sometimes that comes with a challenged or tainted personal past. (And then there's a so-called opposition research, which can make a saint look like Satan himself.) So until and unless politics cleans up its act, which I assume will be never, we must live with the people we have and try to choose wisely among them, remembering that none of them, and none of us, are perfect.
DW (Philly)
@CP I presume by "purity testing" you mean we need people who HAVEN'T hideously offended the state's women or African Americans. Oh, THEM. Well, if that's what we mean by purity testing I am unapologetically in favor of purity testing. No one who dressed as a Klansman or thinks black face is funny, and no one credibly accused by various women of sexual assault, etc. These are good "purity tests."
LWK (Long Neck, DE)
It is time for people, and important spokesmen for the people, to speak out against the overreach of "zero tolerance" and me too". Embarrassed politicians need to be allowed the explanations, the current state of their political beliefs and actions, and the hearings and trials to which they are entitled, and not run out of office by a hooting mob. Currently, we only have accusations against Mr. Fairfax. We lost a fine senator when Al Franken gave in to the "me too" crowd led by Kirsten Gillibrand, instead of standing strong for the hearing he requested.
Tim O. (Lincoln, NE)
Why does this article say Booker, Gillibrand and Harris called for Fairfax to resign, but does not say that Elizabeth Warren and Bernie Sanders have also called for Fairfax's resignation? Warren and Sanders tweets both came before Kamala Harris's tweet and before the tweet of Tim Kaine which is mentioned in the article. Warren and Sanders have both recently polled ahead of Booker, Gillibrand and Harris for the Democratic nomination. Sanders has not announced yet, but is consider by many to be one of the top contenders for the Democratic nomination. I feel that this is one of the many ways the NYTimes is actively seeking to minimize the candidacies of certain people in the Democratic nomination process.
willw (CT)
@Tim O. Oh, you think this way, too?
David A. Lee (Ottawa KS 66067)
An accusation weaponized to look like vengeance may in fact be little more. If this crime were as serious as she alleges, why wasn't it just as much so 20 years ago? Why does it wait for its exposure only when its target is already wounded and weak? And, yes, in its helpless indulgence of this mob hysteria, the Democratic Party is driving off men, in droves, and proving its own vulnerability once again to another electoral defeat. Men, after all, are human beings, and voters, and we have brains capable of remembering that an accusation isn't the same as evidence or proof, especially in an area of the law where private behavior decades ago is sensationally incapable of satisfactory public adjudication of guilt or innocence. The Democratic Party is lobotomizing itself on this point.
DW (Philly)
@David A. Lee In not one of these cases was the person "weak and wounded" prior to the accusations coming out. These are the three highest elected officials in the state and all were secure in their positions prior to these revelations.
Mark Battey (Santa Fe, NM)
Both major parties have been full of monsters at least since they were evil enough to pull choice from the huge number of citizens who decided to consume less to get past the climate crisis and save the future, by going globalist, reducing wages and making everyone work longer and harder for the billionaires. They destroyed the planet and the psychological well being of the majority of American citizens with that unforgivably evil decision.
Ryan (Midwest)
Democrats commenting on this article who don't understand the Democratic leadership's rush to judgment against Mr. Fairfax fail to understand that those leaders do not care if he did these things or not. They must demand his resignation (and that of Mr. Northram) because they need to keep their sword sharp to weild against Republicans in the future. This is ALL politics and nothing more.
Sparky (NYC)
By all means, let's investigate these allegations. If Fairfax is guilty, he should definitely resign. But he is entitled to have this investigated, right? There is still due process, yes? Media pundits, twitter users and web site commenters don't get to decide his fate, do they?
SqueakyRat (Providence)
The ability to ruin a politician merely by means of uninvestigated accusations is obviously a threat to democracy. Listen to the victims -- or accusers --, yes, of course. Then check out their stories.
moonmom (Santa Fe)
This has nothing to do with politics and everything to do with persons being held accountable for their actions.. In both cases, they have committed moral and illegal behaviors- will the perpetrators do so? Unlikely-rape and racism are both sides of the same coin- acts which are a violation of and disrespect for an individual's civil rights- the right of a woman to say" No"- and the prejudicial violation of a person's racial identity- both an aberation of power-whether the events can be adjudicted or not- they both should resign.
Meg Riley (Portland OR)
So Trump and Kavanaugh with multiple accusers get to serve in the highest govt positions, but this guy in VA needs to resign? No.
DW (Philly)
@Meg Riley Meg, What if it weren't about Kavanaugh versus Northam, Trump versus Fairfax? What if it were about what happened to the victims of these men?
Rossano (Hardyston, NJ)
I'm not defending Fairfax but whatever happened to due process and being innocent until proven guilty? Have we reached the point of hyper sensitivity in this country where a woman merely has to accuse someone of sexual impropriety and that person is immediately branded as being guilty? I say let there first be a fair and impartial investigation and then make our judgments once the facts are clearly known.
Chris (Connecticut)
Why should this support be eroding? It should be non-existant! Recall the spectacle of Brett Kavanaugh. Its OK for Republicans to act this way but not Democrats? Support for Dr. Ford was universal on the left, rightfully so. Why does the Lt. Governor get a pass on this, and from what I am reading these allegations may be more serious than what Mr. Kavanaugh was accused of. Regardless of party affiliation, if you have these allegations hanging over your head, you have become essentially powerless until it can be proven otherwise. It is not about due process anymore. The right preached morality for decades and elected Mr. Trump. Are Democrats going to turn a blind eye to these serious allegations? If so they are no better than Republicans and they should be ashamed of themselves.
Alix Hoquets (NY)
Once a public person resigns, investigation tends to end. Case closed. But if the intent in coming forward about a crime is personal or social justice then the investigation must continue regardless of the public or political outcome. Political decisions and the rule of law can be parallel but need to proceed to completion as equally important processes.
RM (Vermont)
This is what happens when accusations are accepted t face value and acted upon without due process. While rape and forced sex have been unacceptable in modern history, the same is not true about parody of minorities. For example, it was not that long ago that jokes about gays were commonplace. On the British comedy TV show, "Are you being served?" there were constant jokes about the gayness of one leading character. Such jokes would be unacceptable today. I don't know anything personally about dressing up in blackface, or how common it may have been for costume party situations. However, I do know that entertainers, particularly Al Jolson, did so back in the 1920s, and it was common in minstrel shows, a popular form of entertainment a hundred years ago. I am conerned about situations where people are condemned today for behavior that may have been more acceptable a generation or more ago, but is unacceptable today. How many straight people can say, with a straight face, that they never uttered a gay joke or disparaging remark? People change over time. We do not emerge from the womb with prejudices, nor do we retain, for a lifetime, the prejudices we once may have had. Absent due process, sending people off to the dust bin of history for what they may have done years ago is wrong. Perhaps some day, those who deny due process to others will also go to the dust bin.
Errol (Medford OR)
@RM You are describing the injustice which is the ultimate result of imposing political correctness. The injustices being perpetrated now and in the past few years by MeToo women are even far worse than that. These angry, vengeful women are not merely accusing violation of political correctness. They are accusing men of criminal acts, and doing so without a shred of evidence to support their accusations. It is almost always impossible to prove innocence, which is why fundamental justice requires presumption of innocence and requires substantial evidence to establish guilt. In these cases, these feminist terrorists are even accusing ancient criminal behavior, making it even more remote a possibility that someone could prove their innocence. They know exactly what they are doing. This is their carefully crafted devious and deceitful campaign of vengeance against men. And the public stupidly allows itself to be manipulated by their evil effort.
Ben (Upstate ny)
The women coming forward on this case (and others) are incredibly brave and I for one am hugely grateful for their strength and conviction. The accused will have their day in court and are entitled to due process. In the meantime, the REAL story here is the continued bravery of the women who continue to speak out. They are pioneers and the true heroes (heroines) of the present era.
Errol (Medford OR)
In effort to advocate for and defend the injustice which MeToo people effort to perpetrate, many claim that there should be no requirement of "due process" because this is not a criminal trial. These advocate defenders misunderstand. They are correct that "due process" is a Constitutional requirement of trials and conviction before punishment, and it prescribes requirements for conduct of the prosecution and trials themselves. However, those few of us calling for "due process" in these cases are not using the term in that context. We use the term to simply mean fundamental principles of fairness or justice, a concept alien to and the enemy of MeToo people.
Potter (Boylston, MA)
Hey have we forgotten that before we punish anyone with such consequences we need to give a person the chance to answer defend the charges? Or do we push people out of office based on who digs up what on who?
Errol (Medford OR)
@Potter The answer to your question is: we push people out of office based on who (when it is MeToo) digs up what on who (when it is any man).
Errol (Medford OR)
@Potter No one has forgotten. But many, mostly women, choose to ignore and violate the fundamental requirements of justice. The goal of those angry, hateful women is usually vengeance against men (although sometimes their goal is the dirtiest of politics). Justice is not their goal, justice is their enemy.
Len (Pennsylvania)
While it is more true than not that where there is smoke, there is fire, there is still due process in the nation rather than a rush to judgment that convicts an individual in the court of public opinion. I don't know if Justin Fairfax is guilty of these charges of sexual assault and in a high majority of cases the survivors of these alleged assaults are telling the truth. But rather than have the knee-jerk reaction of "he MUST step down and resign" we should push for an investigation to see what the fact pattern is from an objective viewpoint. I keep thinking of how Al Franken was pushed out of the Senate even before there was an investigation into his past behavior. He was a duly elected Senator one day and the next, he was gone. If ever there was a time in the MeToo movement for cooler heads to prevail it is now. Investigate! Look at the facts. Then if a political ouster is warranted, move quickly and forthrightly to make that happen.
Larry (Left Chicago’s High Taxes)
@Len due process applies in criminal trials. This is not a criminal trial.
Wine Country Dude (Napa Valley)
@Larry Actually, due process also applies to most civil matters. You're talking about the presumption of innocence, which is officially reserved for criminal matters. Both, however, reflect fundamental principles of fairness that are supposed to inform our public life. Supposed to.
Truther (OC)
@Larry perhaps, there should be a criminal or civil lawsuit then by the ‘aggrieved’ parties. This one-sided exercise in taking the ‘moral high ground’ is getting a little ridiculous. The Republicans can do NO WRONG, while the Dems must preemptively ask for their colleagues’ heads every time an allegation surfaces, unsubstantiated or otherwise.
Ann (Denver)
Presuming the accuser is truthful, and presuming that the accused is guilty is wrong, and we all know it. We don't impose the punishment before due process, and we don't try people in the court of public opinion. This has to stop.
DW (Philly)
@Ann Not getting to still be governor or lieutenant governor of Virginia isn't a "punishment" in our legal system, last I checked.
Patricia (Tampa)
This is unacceptable. You can spin it. You can make excuses. You can call it political. It's still unacceptable. When did we - as a nation - decide that integrity-free people are acceptable to lead as long as they are wealthy, influential, attractive or have some other trait. These politicians are suppose to "represent the people" - not mock, assault, and torment. What happens next is a reflection on who we are.
Paul Wortman (Providence)
It's all too easy to rush to judgment in these "He said, she said" cases. The accusations against Lt. Gov. Justin Fairfax are very serious--even criminal in the case of rape. But, they need to be investigated and adjudicated in a proper way that gives Mr. Fairfax the "presumption of innocence." There is, of course, impeachment, but in Virginia that is a partisan process with Republicans in charge of both chambers of the legislature. Moreover, the Republican Party of Donald Trump has no moral standing, especially in Virginia after Charlottesville, and any impeachment conviction would be viewed as biased. Virginia also has an Ethics Advisory Council and that seems the more appropriate body to investigate the accusations against Mr. Fairfax in a fair and transparent way, and then make a determination whether or not they merit his resignation or impeachment.
Zdude (Anton Chico, NM)
As a former prosecutor, aggressive in my pursuit of justice for women who were victims of sex crimes or domestic violence, I learned that there is no linear process for such victims to feel that they can readily come forward; class, formal education, or race cannot provide a solid bearing for them to steer by---nor should it. The victim's reaction both during their assault and after will vary greatly. Ultimately if a victim doesn't say no or doesn't fight back nor reports her assault, it does not mean she was a willing participant, she was more likely in shock during her assault, because she very likely knew her attacker----it comes down to the totality of circumstances. Clearly it is not easy for victims to come forward; however victim advocates working closely with both the victim and the prosecutor are simply worth their weight in gold. Not all prosecutors have access to these trained advocates but they should. Federal funding should be made available so that every prosecutor's office has at least two victim advocates. Equally the accused, his office in peril, deserves a fair hearing----in the courtroom. Trial by journalism is one thing but fairness for both the victim and the accused is best held to the standard of a jury trial. In a rare instance I had to drop a case because the victim faked her attack---her subsequent texts to the defendant said as much.
Marcia Levine (Fresh Meadows)
Isn’t it amazing that the allegations against Justin Fairfax are so reminiscent of those leveled against Brett Kavanaugh? How funny that the Republicans are calling for Fairfax’s head on a plate when just a few months ago they were screaming “fake news” against Dr. Blasey Ford. The Republican Party seems to now consist entirely of dirty players who will do anything necessary to achieve their self-serving goals. If you don’t believe me, just ask Merrick Garland.
Robert (Minneapolis)
@Marcia Levine They would not be calling for his head on a plate if the accusations against Kavanaugh when he was a child had not been used to try to keep him from the Court. There were other reasons to go after Kavanaugh, but his alleged actions as a child was the main cudgel. So, this is simply payback. It is wrong to do that, but that is what it is. Personally, I want to see more of the facts before I join the get rid of Fairfax movement, but, that is how I always react, wait for the facts.
Shosh (South)
@Marcia Levine the accusations against Fairfax are much more serious and with credible witnesses than the teenage fumbling around that Kavanaugh was accused of, whose accuser was never disrobed at all
Larry (Left Chicago’s High Taxes)
@Marcia Levine except for the fact that’s no accusation against Justice Kavanaugh was credible. Every accusation was proven false. Several accusers admitted they lied and now face charges of Making False Statements to Congress
Oliver (New York, NY)
In American jurisprudence there is a presumption of innocence. Innocent until proven guilty. Of course this also means if you’re guilty but it can’t be proved then you are free to go.
Lefthalfbach (Philadelphia)
@Oliver We are not in a Court of Law. We are, literally, in the ours of Public Opinion. people are going to have to make judgments.
Leslie Dee (Chicago)
There is no hard proof against Fairfax, so why should he step down? It’s for the betterment of the state of Virginia? Wasn’t Brett Kavanaugh placed on the Supreme Court by the sanctimonious and uber hypocritical Republicans? Won’t Kavanaugh be on the bench for the remainder of his sorry life? I guess the betterment of the US just isn’t important. No wonder decent people are losing their sanity.
JMS (NYC)
...so interesting - this was a politically motivated event to remove Governor Northam...it's having the exact opposite effect - it's going to result in the resignation of the Lt. Governor! Governor Northam's not going anywhere - they missed him and hit the wrong guy!
Omar (USA)
In their rush to prove themselves morally superior to Republicans, the Democrats are doing what they always do -- losing, because they won't fight, because they still haven't realized that Republicans practice politics as a bloodsport that is win-at-all-cost. So Republicans win and Democrats lose, and lose big. Here is a perfect case in point. Justin Fairfax is due at least the same level of deference as Brett Kavanaugh. But a black Democratic man in a Southern state is not going to be treated the same as a white Republican man in a Northern state, much less a politically connected member of the old boy's network. Republicans screamed that there was no proof that Kavanaugh did any of those things. He had a calendar, for goodness sake, in which he hadn't written down the assaults he didn't commit! So let's give Fairfax the same consideration. Fair is fair. I've heard so many on the Right screaming about due process and how unfair the #metoo movement is because of the rush to judgment against men. (They call it the "pound me too movement", because the # used to be called a pound sign.) So let's see some of that due process now that the accused is a Democrat.
Michael Jonas (Scottsdale, AZ)
While I try to keep up with important news, I must've missed the stories about Mr. Fairfax's trial and conviction; I only seem to be finding stories about his punishment.
Calvin (NJ)
What a horrible wretched person. First for what he did to these women but second, that he is aspiring to be a leader to the people of Virginia. Third, that he has voiced it is his right, the established protocol, for him to be governor when/if, the current governor steps down. His right? He knows he did these things. What is going on in his head, how disturbed is he? Imagine that internal conversation, ‘Yes I did sexually assault those two women, I hope no others come forward, I can still be the governor, I better get a law firm to represent me . . . ‘. Sad, so sad . . . And so sick.
Philip W (Boston)
Fairfax must resign immediately and allow Northrum to appoint a Democratic Lt. Governor who can take over when Northrum resigns.
Ralphie (CT)
What happened to the presumption of innocence. I have no idea what Fairfax may or may not have done, and neither does anyone else commenting. The fact that 2 women came forth with similar stories (but not independently) only means that one of them can read the paper. As for those who are saying, but Kavanaugh is an accused sex offender and he's on the supreme court, those nasty filthy Repubs. What does that have to do with Fairfax? The only commonalities are that women, years after the fact, accused both Fairfax and Kavanaugh of sex offenses without any corroboration. In both cases, dems lead (are leading) the charge to get the male to resign or withdraw. We can't have a system of law where you can go outside the legal system and accuse someone of a sex crime. If you were assaulted or raped, you must go through the legal system. Anything else is simply a lynching. And as for the alleged crime. How many men here would attempt to force an unwilling female to perform oral sex? Seems like a very risky proposition.
S. Levy (Parkland Fl.)
The last time I looked, Clarence Thomas is still on the court. Double standards must end. If Fairfax goes then Kavanaugh and Thomas should be told to step down as well.
Wine Country Dude (Napa Valley)
@S. Levy Endless false equivalence. They've already been told to step down, ad nauseam. There's a procedure to remove them from the Court; get started on it if that's what you really want. The same remedy is available for Fairfax. In the meantime, the choice to resign or fight impeachment is his.
DW (Philly)
@S. Levy Because women and blacks are bargaining chips, in a game rich white men are playing. What actually happens to them is not important. Have I got that right?
John Marno (Wyoming)
Wow. How can we quibble at this critical juncture in our fragile civilization? It is time to clean house in the most objective and unemotional* way. It is simple. #1. If you want to be a leader, or someone or some PAC group or whatever wants you to be, it is your civic responsibility to say NO if you have one shred of past behavior that is questionable. That's it. Sorry. "I did it when I was young and stupid and am a better person now," is simply not good enough. You would jeopardize so much, and the wounds of the past will fester and cause ruin for more than just you. #2. Teach your children well. In a couple of decades, we will all be the better for handling this time with the integrity needed now. *On the use of 'unemotional' above - while the acts and people involved in ALL of these incidents is highly emotional, how we deal with the consequences in the present time needs to be clearly and 100% objective. "Successful young person of color?" Sorry. Really sorry. But we simply cannot afford you to be a chink in the armor that is desperately needed in order to make the 2016 election the most abnormal blip EVER. 'Never Again' needs to be our mantra. For so many things.
Orange Nightmare (Behind A Wall)
Let me know when Brett Kavanaugh resigns.
Wine Country Dude (Napa Valley)
@Orange Nightmare As a Republican, I'd like to see both remain in office unless and until removed through prescribed process. It's the Democrats who are calling for his head.
Nan Socolow (West Palm Beach, FL)
Let all three of the miscreants governing the Commonwealth of Virginia -- Gov Ralph Northam, Deputy Gov Justin Fairfax, AG Mark Herring -- step down, resign, leave their posts tarnished by their bad boy racist and sexist behaviours ASAP. Richmond, Virginia is still suffering today as it has been suffering since it was the seat of the Confederacy from 1863 until the South was soundly defeated by US Forces under President Lincoln's command. We don't need another Civil War in America, folks.
MIMA (Heartsny)
To these men: do you really love Virginia? Then don’t keep embarrassing her. Step aside.
Nick (Washington, DC)
the problem will be the black guy (is forced) resigns and the two white guys go on. Not equating the allegations but tastes bad in the mouth. The guilty before proven is terrible - regardless of the allegation. A side note - yet another democratic circular firing squad....
TR88 (PA)
guilty before proven to the best of my recollection started with Anita Hill accusing Clarence Thomas. Continued thru the Duke Lacrosse smear and the we must believe women campus feminist movement and recently played itself ou5 with the preposterous Kavanaugh accusations. All from the left. Presumption of guilt is the only thing standing between us full fledged authoritarianism.
A Southern Bro (Massachusetts)
Whether guilty or not guilty of their alleged wrongs, accusations against Governor Northam, Lt. Governor Fairfax, and Attorney General Herring evoke images of the utterly racist 1915 film, Birth of a Nation, in which white men, as Ku Klux Klan riders, took violent action to protect white women from “predatory,” “rapist” black men. If these charges were separate, objective reprimand might be possible, but combined they play to extreme stereotypes; namely, Southern white men as insensitive bigots, Klansmen and/or mockers of African Americans and black men as sexual predators. Even today, these stereotypic images can provoke “guilt-by-accusation” without even a semblance of due-process.
Neil (Oregon)
Democrats eating their own once again, a la Al Franken. Fairfax should resign right after the drunken frat boy rapist steps down from the Supreme Court. Dems don't seem to understand that playing fair gets them nowhere. The Republicans have made this a zero sum blood sport, and the Democrats need to learn how to play by those rules. Maybe a difficult approach to stomach, but in this case the ends will justify the means. Because I still have faith that the policies that the Democrats will enact will be far superior for the good of the country than the evil, racist and greedy Republicans. So for some time at least, the Dems should put aside personal morality, maybe until the old white voters who support the Republicans die off.
Kitt Richards (Cambridge, MA)
For all 3 top Democratic leaders of the State to be clobbered with allegations and then pressured to step down - after the midterms we just had - and the next in line for the highest office in the State (and what must surely be Repubs' and all their criminal owners' drive to claw back all that power they just lost) being a Republican....well, something smells very fishy to me. It makes me start to wonder if maybe Northam really ISN'T in that yearbook picture, and someone was very busy with Photoshop one night a few weeks ago.... Between this and Bezos and AMI and the Arabs and Khashoggi and trump and Putin, and vast, unspoiled swaths of beachfront real estate for the taking in NoKo and Venezuela going broke....I am actually more chillingly frightened than I've been at any time since that awful Nov night in 2016. I have this awful mage of trump and Putin divvying up the world - Putin takes the Mideast and trump take SoAmerica....and then they just suck all the resources out of every crevice and every pocket, and final stride the(ir) earth unfettered in their (Gucci) hobnail boots.
ws (köln)
Nothing learned from the Kavanough affair. Exactly Zero.
Sophia (London)
Whatever happened to due process? Liberal fascists might think on these words of Thomas More, Chancellor of England, when encouraged to act extra legally against an enemy: "And when the last law was down, and the Devil turned around on you--where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast--man's laws, not God's--and if you cut them down...d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake.”
William Rodham (Hope)
Wow! Actual sex attacks with actual facts and corroboration! Will Fairfax face the vicious press coverage that Justic Kavanaugh, who did nothing, get? No Fairfax is a democrat
Richard (New York)
Something seems very odd about this situation, as if the Lt Gov is being set up as a sacrifice to distract attention from the racist Governor and racist Atty General. Doubly tragic in the circumstances that the Lt Gov is black. Something seriously wrong with the VA Democratic Party.
Anna (NY)
Democrats who first called for an investigation after the first accusation, now call for stepping down and addressing the matter as a private citizen after the second accusation, because they argue that he cannot function in office anymore with these two accusations. This will set a dangerous precedent and shows a glaring weak spot that effective Democratic politicians can be attacked on. Whether or not the accusations can be proven true, the next time around any male Democrat can be accused of sexual assault by paid operatives for a political party that will do anything to grab or remain in power. Republicans are not above such tactics, as we have witnessed all too often, and historically this tactic has been applied often to get rid of influential opponents that couldn't be silenced otherwise.
Somebody (Somewhere)
I haven't read all comments - just a selection. However, what happened to "Believe all women"? That was the flavor of most comments regarding Kavanaugh. Suddenly due process is the talking point. Maybe this article drew a different set of readers, or, believing depends more on who is being accused than the women doing the accusing.
Virginia (Cape Cod, MA)
@Somebody. I"m seeing this hogwash from the right all over the Web. 1) Democrats are calling for all of them to resign. 2) where are the Kavanaugh Republicans calling the women liars, ugly, tramps, etc., and defending Fairfax and Northam? My advice to Both is to quickly switch parties. They'll be okay. It's only as Democrats they re actually under real pressure to step down. Seems to be, as a Republican, both could well make it to the SC or the Oval Office.
Virginia (Cape Cod, MA)
@Somebody. Btw, just as we told the right re: Kavanaugh due process is for people charged criminally.
Somebody (Somewhere)
@Virginia I did not comment about politicians, I commented on the contradictory reactions of NYT's readers. I did posit that commenters here may be a different group of readers than the Kavanaugh commenters but I don't really think so. In terms of demands for resignation, it sounds to me like the Republicans are mostly staying out of this, as am I, though I lean toward due process for all. Can you provide a link to Republicans calling accusers liars, tramps and ugly? I must have missed those stories.
Benjamin Greco (Belleville, NJ)
I have voted democratic all my life, but I won't be voting in 2020 or in any other elections. Guilty until proven innocent seems to be the new legal philosophy of Liberals and unfortunately the Democratic Party. It is just too dangerous to vote for them despite the fact that I agree with them on most other things. Some ideas are inviolate. The leaders in a democracy reflect the people and the people of this country are hopelessly ignorant. That means this great experiment in democracy has failed after 250 years. Donald Trump is a horrid little man who has no business being President. But he reflects what Americans have become. This country deserves him.
Robin (Texas)
Not voting IS voting. It just takes less effort.
Dianne Fecteau (Florida)
@Benjamin Greco. So not voting is your solution? You are just handing the elections to trump, then. There are always low points in history. There are never perfect politicians or people. However, all we the people can do is keep our eye on what we would like to see and vote for people who share as much of that vision as possible.
Benjamin Greco (Belleville, NJ)
@Robin Correct, not Voting is saying that no one running us worth voting for.
SilverLaker 4284 (Rochester, NY)
The allegations against Fairfax are far more detailed and better substantiated than other allegations against others seeking election or appointment. Fairfax needs to either step down or be removed.Perhaps he can be put on a sort of "inactive" status while this is all sorted. I cannot see how he can perform his job with this hanging over him.
Oliver (New York, NY)
“In her statement, Dr. Tyson described a forced sexual encounter with Mr. Fairfax in a Boston hotel room while the two were working at the Democratic National Convention in 2004. It began with kissing that was “not unwelcome,” she said, but quickly escalated into non-consensual oral sex.” By default I always side with women in sexual assault allegations because I believe a woman would not make up such a story; it’s just too fantastical. But I wonder if its a case of miscommunication where a man thinks a woman wants to engage because he’s reading signals that he thinks are the green light. And for her part she is afraid to say an unequivocal no. I’m at a loss except that maybe men need more sensitivity training to know when a woman is uncomfortable? But men have been conditioned to believe that the more assertive behavior “gets the girl” ( and women have rewarded such behavior) and now they must rethink this attitude.
Lynn in DC (um, DC)
@Oliver Women also need to say NO clearly and not expect men to read their mood rings or other “signals.”
Maria (NYC)
Fairfax should not resign. Unproven allegations are just that... unproven. Justice should be meted out in a court of law not in a court of public opinion. If unprovable in court, so be it. Hopefully women will henceforth come forward at the time of the incident to file a credible and informative complaint. I am asking myself, having been in the same position as Tyson, why didn't she just walk out? I did. I do not want to demean in any way the MeToo movement which has propelled the issue sexual harassment and violence to the forefront where it should be. Millions of women have made their voices heard to the benefit of our children and future generations. But we still have to deal with past transgressions and the question is how when many years have passed and evidence is lacking. I believe only a formal proceeding in a court of law can do this. Again if the facts aren't there the accused is absolved. I am reminded of the many innocent people sentenced to death on the fallibility of human recollections.
JMS (NYC)
Interesting politics in Virginia!! The nation is weighing in on the outcome, but unfortunately, Mr. Saul and Ms. Stolberg must defer to the people of Virginia. Guess what! Polls reflect the voters of Virginia would still support Governor Northam, by a wide margin! It's time for the pundits to quiet down - the Country can provide opinions until the 'sun goes down' - it makes no difference whatsoever to the voters of Virginia. They're not letting one incident define the career of livelihood of the Governor of their State they overwhelmingly voted into office! Let them eat cake!
Mike (NY)
It’s worth adding that the guy who is fourth in line is a republican who was elected by method of drawing name from hat. True story, very democratic. You reap what you sow, I suppose.
November-Rose-59 (Delaware)
We as a society should embrace the history of black face, not condemn those who at some point in their past attempted to emulate it. Widely popular Minstrel performers all wore black face, a form of American entertainment since the 19th century, a part of history that shouldn't be denied or hidden from view. Many in society are stuck in a time-warp, unwilling to move on, and it's clear some societal groups have evolved into an unforgiving lot out to punish anyone who may have used black face at some point in their past.
From Where I Sit (Gotham)
There is a form of perverse irony at work here. There are comments below which call out the victims for not reporting the crimes to police at the time. Such comments willfully ignore the context of sex crimes investigation the time. While we haven’t come far enough in the investigation and prosecution of sexual assault on women, we have improved slightly from when these crimes took place. The irony is that regarding the wearing of black face, we are repeatedly told we should view it in the context of the times. Which is it?
P McGrath (USA)
I wonder if Corey Booker and Kamala Harris will be screaming and hissing in Justin's face like they did to Cavanaugh? I don't think that will happen. You see, Me too is very selective as to who they go after. Remember, Bill Clinton is still a Democrat hero who gets standing ovations when he walks into a room.
Mr. Slater (Brooklyn, NY)
@P McGrath Not to mention the fact that Booker has an accuser of his own. Let's see what happens with that now.
Kathleen Flacy (Weatherford, TX)
@P McGrath Gillibrand and Harris are already calling for Fairfax to step down.
abigail49 (georgia)
Oh, for heaven's sake. Now we have a situation in which the black man may be forced to resign but the three white men (one Republican) won't. Yes, the blackface incidents are not as serious as the allegations of rape and forcible oral sex, but unless all four are forced out, the perception will be that the white guys got a pass for their misdeeds but the black guy was held accountable for his, which are unproven allegations at this point. (Brett Kavanaugh was green-lighted to the Supreme Court despite credible allegations of sexual assault by a college professor too.) Is it possible for the Virginia legislature to order a recall election for all four and let the people decide who goes and who, if any, stays?
AB (Maryland)
To the commenters who believe wearing blackface 30 years ago was just a youthful indiscretion: Yes, Fairfax should go. So should Northam. So should the AG. Blackface is not some silly little entertainment that white people engaged in for innocent laughs at Halloween frat parties. It’s an outgrowth of white supremacy, designed to mock, malign, and dehumanize black people. It’s the same white supremacy that protects Brett Kavanaugh and Donald Trump, both of whom have been accused of sexual assault. Last time I checked one was elevated to the Supreme Court; the other continues to wreak havoc in the White House.
Dianne Fecteau (Florida)
@AB. None of them should resign. It is not lost on me that 4th in line is a Republican. That alone makes some of this suspect.
Matthew (Berryman)
A Republican state government is embroiled in sexual assault and blackface scandals... But Democrats are suddenly in danger of losing 2020 because Elizabeth Warren listed Native American as her race when after a DNA test it's proven she has Native American ancestry, and because they smartly don't move center right during a general election. When you're only supposed to move right during midterms, and always supposed to move left during general elections... SHOCKING!
Ryan (Midwest)
@ Matthew Uh, you might want to read a bit more on what's happening in VA. You seem to be confused on the basic fact that these are Democrats, not Republicans.
Steve (longisland)
For those leftist democrats that were quick to crucify Kavanaugh with no credible evidence, this is a real predator. His accusers are both democrats with no political ax to grind. They remember where they were raped and told people when it happened. Unlike Dr. Ford who could not remember anything that could be corroborated, these women tell a chilling story. Where are the impeachment articles? If this were a white, male republican the democrats would be all over this. But AOC. the great democrat hope from NY said yesterday she did not even know who this person was. And Bernie Sanders avoided a question about him by pretending to be on the phone. This is an outrage. The hypocrisy is palpable.
Ivor Kealy (Oxford UK)
Is there any chance that the guy could have a fair trial before everyone decides he is guilty ?
Ryan (Midwest)
These women must be believed. Fairfax must resign. The end.
Wine Country Dude (Napa Valley)
@Ryan Thank you. I hadn't realized the issue was that simple. QED, no?
Oliver (New York)
“Virginia scandals” - a bit tabloid title, isn’t it? Starring... Another question is why those sexual accusations come to light now. Suddenly the two women feel they need to speak out loudly? After many years? Sorry, maybe they got some pay back from the GOP. It all feels too synchronized. The metoo accusations - yes most of them are rightful - but aren’t they in majority facing liberals and Democrats tending people? The Republicans feel like white sheep compared...
J Clark (Toledo Ohio)
The dems better be careful here. It seems as the party’s minorities grow so do the accusations. Blackface me too are common the race card and woman card are being worn out. And it seems the accused are condemned before any trial (think Al Franken). I think the republicans call it a witch hunt. Who wants a party who’s members are pointing fingers and running to judgment. If a president does that WW lll would soon follow. Dems take note the independent voters are watching.
William (Massachusetts)
Personally I feel he should resign and face charges in a court of law.
bu (DC)
What a gigantic MESS! The blackface incidents: not only in VA a common thing (by both dems and reps), but also in yearbooks at the U of Maryland way back. While not criminal acts the racist nature calls for more than just an apology. But here the voters of VA have the privilege to way in and build enough pressure of public opinion to hold the elected officials accountable. Dr. Tyson's allegations re: Fairfax - very late reckoning in the Court of Public Opinion. It deserves a fair investigation, lie detector etc. particularly considering Ms M. Watson being the second accuser (of a criminal act: rape) with claimed corroboration. J. Fairfax deserves a fair treatment and not a public lynching by attacks that are possibly untrue. The Commonwealth of VA cannot just act on (unsubstantiated) allegations. There needs to be a more reliable process of getting at the truth and recommending political consequences. The infamous case of Judge Kavanaugh used a well-established process but it was corrupted by the partisan divide in the Senate. A warning sign that case of she said - he said, even when subjected to a truth-finding process, might not find the truth because political interests quickly take over (particularly when older white (republican) men sit in judgment.
areader (us)
Where are the letters from Fairfax's friends and colleagues supporting his character?
John Vance (Kentucky)
As an old man guilty of many transgressions myself I am reminded of a song of my youth. "Oh, sinnerman, where you gonna run to? Sinnerman where you gonna run to? Where you gonna run to? All on that day…" I never had any political aspirations but in today's world those young men who do hope for such a future might do well to reconsider that Saturday night keg party they were planning to attend.
Max Green (Teslaville )
This must all be a plot by Republicans to replace a Democrat Governor with a Republican one. Great plan.
MyThreeCents (San Francisco)
This commenter just doesn't get it: " ... if Kavanaugh resigns, then Fairfax can ... the accusations are false until proven otherwise, beyond a reasonable doubt." No, no, no. That's only if you're a Democrat. It's just the opposite if you're a Republican: guilty until proven innocent (beyond a reasonable doubt, of course!) In other words, guilt or innocence depends on the party affiliation of the accused. Clear now?
Anna (NY)
@MyThreeCents: Nonsense. Democrats and Blasey Ford called for a thorough investigation into her claims, which both Kavanaugh and the Republicans did not want.
S.G. (Brooklyn)
Al these allegations and counter-allegations remind me of the story about the length of the Chinese emperor's nose. An officer of the court must measure the length of the emperor's nose. Since nobody is allowed to look at the emperor's face, the court officer polls one million peasants -that, of course, have never seen the emperor- and then he estimates the length of the emperor's nose from the peasants' answers.
areader (us)
@S.G. Why an officer of the court had to measure the length of the emperor's nose?
Errol (Medford OR)
There are so many women here posting one excuse after another to justify ignoring the fundamental principles of justice. They wholeheartedly support harm being inflicted upon males based solely on accusations by women claiming ancient criminal behavior without any real evidence to support the accusations. I predict one of 2 things will happen as a result of the evil tactics of MeToo women. Either they will accomplish their goal of completely taking over government and business or they will breed such distrust of and contempt for women in politics business that their feminist goals will be set back 50 years.
From Where I Sit (Gotham)
This isn’t a criminal proceeding. It’s about public confidence in an elected official. Period. Therefore, assuming innocence, the right to confront an accuser, procedural niceties, a vigorous defense and a fair judgement do not apply.
dgm (Princeton, NJ)
@Errol . . . You are 100% correct about setting back feminist goals. But you might consider not using "males" in favor of "men". For some reason, liberal women's studies programs have inculcated the use of the word "males" to describe men in comparison to women; the appropriate comparisons are men/women and males/females. But since we are talking about human beings, the former is preferable to the latter. Liberal women have become adept at dehumanizing men for sociological analysis.
Errol (Medford OR)
@From Where I Sit No one suggests that it should take a criminal proceeding to get rid of a political office holder. But "due process" is not being used here as meaning the Constitutionally prescribed requirements. Here, "due process" means simply fundamental fairness, fundamental justice. These concepts are not only alien to MeToo and the women who support them. These concepts are their enemy since it is vengeance against men that they seek. Justice including due process are impediments to their goals.
Zee (Albuquerque)
Jaysus! When does the statute of limitations run out on "allegations" of sexual assault? I seem to recall that there were both police and district attorneys way back in the year 2000, yet this woman said...NOTHING then? This is getting tiresome.
Cynical Jack (Washington DC)
A woman accuses a black man in a Southern state of sexual assault. Another woman joins in. The black man denies the accusations, and his accusers have no hard evidence. The mob ignores his denials and demands immediate punishment. Am I the only one who sees the irony?
James (New York)
So, where did you stand on Kavanaugh, Jack?
Errol (Medford OR)
@Cynical Jack I agree that using these accusations without evidence to bring harm to men is an outrageous injustice. However, your effort to make this a reflection of southern state racism is utterly silly and clearly contrary to the facts. These outrageous injustices perpetrated by angry, hostile women seeking vengeance are occurring all over the nation and against caucasian men far more often than against black men or any other color. Furthermore, in this case, at least one of the angry fabricators is a black woman.
priceofcivilization (Houston)
Remember two years ago when W was happy he was no longer the worst President in history? That must be how Northam is feeling right now.
Sandy (Florida)
This is not right. I said this when it was done to Republicans and I say it now with regard to my own party- we have to have due process in this country- we can't keep piling on like an angry mob over unproven allegations. It's not right. I think it is patronizing to women to say 'I believe every woman' as if women can't lie or exaggerate. I for one believe whomever has the most credible story. I am appalled that this keeps happening. Women should be encouraged to report crimes *when they happen*--not years later. In this toxic atmosphere, I could come forward tomorrow and say that I was assaulted by Bernie Sanders, whom I have never even met, and Kirsten Gillibrand would call for his resignation. It's asinine. Did Fairfax assault two women? Who knows-it is much too late to prove or disprove the allegations but we are happily ruining his life to satisfy our mob mentality. This has to stop.
Ivan Light (Inverness CA)
She was 28 years old and working at a Rape Crisis Center, but she did not report this crime at the time? Why not? The delay of 15 years undermines her credibility which might, after all, be motivated by any number of improper and self-aggrandizing hopes,including the enhancement of her employability by donning the mantel of martyrdom.
DW (Philly)
@Ivan Light She appears to have a pretty good career. "Enhancing her employability"? I can't see how this would help her career as a political science professor.
Sandra Campbell (DC)
These claims are credible. There is no benefit to the women making them, only hardship. Lt. Gov. Justin Fairfax must step down. These are criminal acts, and there is too much corroborating evidence. It is odd that he is acting so much like Kavanaugh did. Angry and inclined toward conspiracy theories. That might make Susan Collins think him innocent and worthy, but it sure looks like a selfish temper tantrum to me, just as it did when Kavanaugh did ir.
Confused (Atlanta)
We need to stop talking about credible and start talking about reasonable doubt. We are a country of laws—not impressions.
D.E.R. (JC, NJ)
What happened to innocent until proven guilty? And yet, frat boy Kavanaugh sits on the Supreme Court. His calls to resign strike me as racist. Who or what is behind all of this? I think we all know!
invisibleman4700 (San Diego, CA)
When you're a star, they let you do it. You can do anything.
Ralph Petrillo (Nyc)
What made them wait so long?
AT (Arlington MA)
Trauma and shame. Fear of a humiliating legal process and professional retribution. It's not so simple.
Jay (Casey)
I still believe in due process.
Spook (Left Coast)
I'm getting sick and tired of all this decades-old malarkey being thrown around. At some point this blatant manipulation of politics, and subversion of voters/democracy needs to stop. And the Dems need to stop feeding into it.
DP Riley (MI)
The epic story in Virginia... what deserves more or less disdain or distaste? Is it racism by the VA Governor or sexism by the VA Lt. Governor. Well, let’s see how much comfort the leaders of the news agency provide, and, furthermore, let’s see which one is more uncomfortable to talk about because of our own shortcomings? Hamlet in his epic play, says, “what a piece of work is a man, partly in admiration over our nobility and intelligence, partly in despair over our flaws”. If you are white male, which most of the media leaders are, are you more uncomfortable sharing stories about racism or about sexism? Over the last two weeks, the air time devoted to racism quickly fizzled out, even after the picture and the, excuse me, the name “koon-man”, clearly showed the Governor’s past. Instead, the air time for sexism from the Lt. Governor’s past was lit not with a match but a flamethrower, covering more minutes than ever. Almost to the point that these powerful media leaders were able to no longer have to talk about the racism story and find one that didn’t force them to look in the mirror... never mind that any of them O’Reilly, Ailes, etc., never worried about sexism. Well, it was just convenient for the Lt. Governor story to come together and timely. Please feel comfortable news agencies because you don’t have to face the racism story. Yes, for many, both racism and sexism are both disdainful and distasteful... but you make it clear which one you are more comfortable with!
Hello (Texas)
Innocent until proven guilty-----so far there is nothing against this man except allegations. Anyone male or female can claim rape. He should not resign due to allegations which could be false. Tired of the double standard and hypocrisy of these allegations.
DL (CA)
Why on earth wasn't Judge Kavanaugh forced to withdraw from the Supreme Court nominating process? We're stuck with him for 30 or more years!!! That's the real crime. In 5 years, this will all be ancient history, but Kavanaugh will still be on the Supreme Court. Folks--we should be marching in the streets every day.
Sandy (Florida)
@DL He wasn't forced to resign because, unlike Democrats, Republicans are laser focused on the accumulation of power and will let nothing stand in their way. We can't stop eating our own long enough to accumulate anything but speeding tickets over how fast we throw fellow Dems under the bus over unsubstantiated allegations. While I think Kavanaugh was a terrible choice, I don't think he should have been forced to withdraw from consideration, either. As President Obama says, elections have consequences.
Don Q (New York)
Much like the Kavanaugh case, one should be skeptical here of any claims until they're substantiated. Men and women both lie and manipulate the truth.
Angelica (Pennsylvania)
Sexism and misogyny are pervasive. So few commentators question the ‘system’, its integrity and capability to protect against perpetrators but feel perfectly rational, moral and reasonable to complain about vigilante justice, confirmation bias and fuzzy victim memory. Americans appear to be incapable of maintaining public justice and common sense unless it is clearly codified into law and confirmed through courts. It’s ironic that US citizens actually think of themselves as free.
JKile (White Haven, PA)
One question? What happened when Bret Kavanaugh was accused of sexual assault? Answer? Nothing. While I don’t regard sexual assault lightly at all, the Republicans have set the standard.
Wine Country Dude (Napa Valley)
@JKile The problem is that the Democrats confuse surviving--barely--being burned at the stake with "nothing happened".
Edward (Honolulu)
Innocent until proven guilty. The Dems just want to get him out of the way because he shows how two-faced they are. Now they hope Northam will weather the storm so they can keep the state Democrat.
mike (San Francisco)
Part of the problem is that sexual encounters are by their nature often driven by our passions & urges... its not like doing your taxes. There is often confusion, expectations, mis-understanding, mistakes, regret, etc.. that come with initial sexual encounters.. It can be very hard to know, when one is in the moment, when something that is consensual... at some point becomes non-consensual.. It seems unfortunate that this sort of thing keeps coming up, and ruining people's lives... but little in society is done to address perhaps deeper things at play.. -Merely a bunch of accusations & finger-pointing-
From Where I Sit (Gotham)
Not to diminish the crimes of sexual abuse and assault but since you opened with the tax metaphor, I’d like to point out that just like taxes, you may not fully know where the boundaries are but should you cross them, you are no less criminally liable.
Francis (Florida)
There is a culture of rape and other crimes against women and children. The Pope seems to recognize it as more than just an occasional happening among his subordinates. Its also found in prisons among warders and their charges. That this Lieut. Governor is accused and is now in a fight for his political life should be no surprise. The rate of rapes on campus is also unacceptable. He could be one of the reasons. He is well on his way to the go now, pay later plan. Check Weinstein or Cosby for the details.
Lynn in DC (um, DC)
@Francis Cosby is in prison for 3 to 10 years. Jeff”Lolita Express” Epstein spent 18 months in “night jail” in a one-man private stockade in Palm Beach. He was free to go about his business during the day. At the rate charges are being dropped against Weinstein, there will likely be no need of a trial. Quite a different outcome for white men over black men. Surely you can see why Fairfax is pushing back.
Meredith (New York)
Some are saying this crime is much more serious than the Gov's blackface/klan photo. Sure, but so what? So worse crimes make more minor 'transgressions' somewhat acceptable? That's just what we must guard against in this Trump era generally as we compare politicians, candidates and parties. As Trump and his people damage our politics and democracy, or we discover crimes of existing officials, almost anyone can look better in comparison. The road to tolerating the lowering of standards is plain.
Robert Pryor (NY)
@Meredith I am an old white man that watched, and enjoyed "Holiday Inn" numerous times. That does not make me a racist.
Virginia (Cape Cod, MA)
@Meredith It's worse for two reasons: 1) it is a crime, which as repugnant as wearing black face is, it is not a crime; 2) sexual assault is an attack on a specific, named, flesh-and-blood human being. I'm a WASP. Yes, I'd much rather watch someone wrap a tennis sweater around their shoulder, drinking a martini and speaking in a snooty tone, ie: act out a stereotype of WASPs, than I would have my head forced into a man's lap or raped. The left, of which I am a member, is verging very close to a modern-day McCarthy witch hunt. Both parties are at such extremes right now. The Democrats are creating impossible standards, seeking saints and purity, while the Republicans are seating, or nearly seating, current-day racists (King is just fine), perverts , ie: Roy Moore, Donald Trump, perjurers ie: Brett Kavanaugh, who even broke the Rules of Judicial Conduct and this man is now on the top court in the country!. Perfect is the enemy of good. Pure corruption, the GOP, is the enemy of democracy. Were is common sense and "There but for the grace of God go I"? I happen to believe Fairfax's accusers and believe he needs to resign because those are crimes. I think Northam should not resign since he committed no crime and can demonstrate whether or not he still holds racist tendencies. There must be room for evolution and redemption.
Dr. Planarian (Arlington, Virginia)
@Meredith What "crime" is it that you perceive Northam or Herring to have committed? If you believe those men to be racists, then say so and attack them on those grounds. But their record in public life strongly suggests otherwise, and particularly in the case of Mark Herring he has struck significant blows in support of civil rights and voting rights, successful taking on and defeating Republican racial gerrymandering in Virginia. I am sorry,. but a Halloween costume is not a criminal act.
Paul (Peoria)
I don't understand why it wasn't as big a deal before the accusers realized he might be governor.
David Godinez (Kansas City, MO)
The Democrats are hoist with their own petard in this case, because of their hatchet job and rush to judgement on the Supreme Court nominee Brett Kavanaugh last fall. This is another revealing glimpse of the future under Democratic Party rule, when someone's career and reputation can be destroyed before a person has a chance to defend themselves and without facing any real judgement, just because they committed a supposed offense to one of the party's key interest groups.
Ken Hanig (Indiana)
No. Your spin won't change the fact that when it comes to accusations of sexual misconduct, racism, or any other issue, Democrats will hold both parties accountable. You want to hold only one party accountable.
Cold Eye (Kenwood CA)
So, she was volunteering at a rape crisis center when the assault happened and she didn’t tell anybody there about it, and remained silent about it until 12 years later, when she accuses a rising political figure? And her “corroborating evidence” is that several friends have said that she told them about it...in 2016-17? The rush to judgement here lays the ground for a moral hazard. If a politician can be forced to resign because of unproven accusations, there are those who will take advantage of the opportunities such a situation might bring about. On both sides of the aisle.
jwgibbs (Cleveland, Ohio)
Before you begin the “execution “ could we have some type of investigation. I have a tendency to believe both women, but the court of public opinion isn’t enough for this man to be impeached and lose his job and reputation. Rushing to judgment is never a legitimate legal procedure in a country proud of it rule of law.
Suzanne (New Jersey)
So it's ok to confirm an accused sexual offender to the Supreme Court but not elevate a publicly elected official to a position that may become open?
darren 06 (new orleans)
AS a society, we have to be very careful because a false allegation of this natural will destroy an innocent person beyond repair. SOLUTION: when a person come forth with a statement saying they were raped, there should immediately be a police, district attorney, and congressional investigation. Let the facts and truth prevail. This will provide protect for both parties. Finally, if a journalist is informed, they should make sure the story is valid before it is revealed.
CBK (San Antonio, TX)
What do we think? Is this bizarre, infectiously-spreading Virginia scandal the result of secret, behind-the-scenes manoeuvering? I have no idea how all the component parts would be set in motion, but could this be another Trump-style diversion from all the investigations now being aimed at the president and his associates? It certainly would have the double benefit of ongoing media blitz and Republican "win" if the Governor, Lieutenant Governor, and Attorney General end up ousted. What do we think?
jwgibbs (Cleveland, Ohio)
Before you begin the “execution “ could we have some type of investigation. I have a tendency to believe both women, but my belief isn’t enough for this man to be impeached and lose his job and reputation. Rushing to judgment is never a legitimate legal procedure in a country proud of it rule of law.
BeePal (MA)
Has it been reported here or elsewhere that Dr. Tyson reported the rape to authorities after the incident or is this just rumor? We are talking about an incidents that happened 15 and 19 years ago, correct? Kavanaugh's victim was young enough to explain her fear of coming forward with the information and burial of the incident psychologically. These women were older, one volunteered at a rape crisis center yet nothing was reported to police? Clearly this just emboldeness perpertrators to repeat their actions.
Hazel (Manhatten)
Interesting that all three Virginia Democrats are being pressured to abandon their elected posts making room for a Republican. If one denies allegations against him, shouldn’t he be heard? We must separate breaking a law from sheer stupidity. However, first we must examine whether laws were broken. Those perfect individuals who enjoy judging- please come forward. I would love to see human perfection.
EGD (California)
Politicians of all stripes are a dangerous combination of lawyer training and arrogance. Not surprising that many think they can get away with anything.
Quincy (Quincy CA)
I believe the two women. Im guessing more will come forward. I’m commenting to provide a counterpoint to all the men on here, as usual, blathering on about a topic they know nothing about, have not experienced, and most likely never will. Between this story and the John Roberts/abortion story, we have heard quite enough from these know-nothings at every level of society, especially in politics and religion. I’m not going to waste time arguing with them. I’ll spend my time & money to ensure their obsolescence in as many areas of leadership as possible. They can leave the stage quietly or be thrown off. I don’t really care as long as they go away ASAP.
AR (Manhattan)
What are people not getting here? Fairfax can prove his innocence, but he doesn’t have to be Lt. Governor while doing it
Ralphie (CT)
@AR The burden of proof lies with the accuser. Fairfax doesn't have to prove he's innocent. Your comment shows how little understanding you have of our judicial system. Oh, but of course, this is the court of public opinion. Well that's different and apparently much more important than the legal courts.
Mannyv (Portland)
The legal system exists to protect people from situations like this. Trial by press is always a bad idea.
willw (CT)
@Mannyv Are you talking about any one person in particular?
gary e. davis (Berkeley, CA)
There's a mentality arising of "guilty until proven innocent" that turns up when it's politically opportune for opponents of the accused, as if the #MeToo movement's vast credibility has erased all sense of proportion, as some kind of atonement for the history of male sexism. Now, forgotten events are remembered decades later when it's opportune, and young sins are unredeemed by redemptive careers, as if people have identities sealed in stone when they're young, because souls are material that doesn’t change with time. It's as if we're in some resurrection of the medieval mind, and the soul is immutable substance.
dgm (Princeton, NJ)
@gary e. davis . . . You lost me at "vast credibility".
Tony C (Cincinnati)
The accusations against Lt. Gov. Fairfax make the outcry against Northam, Herring and the Republican assemblyman, Norment pale by comparison. Unfortunately there is little chance of resolving the Fairfax allegations now. Fairfax was confirmed by the people of Virginia as Lt. Gov after a very public, extended campaign. Neither aggrieved lady participated in that campaign. Virginia’s Constitution provides for impeachment for malfeasance while in office. Both offenses are alleged to have happened years ago. The proper forum would be to seek redress from criminal authorities. For Tyson, that is Massachusetts, for Ms. Wilson, North Carolina. Note that neither event occurred in Virginia. There is the added difficulty that the second accuser wants to accuse, but only through a spokesperson, not on her own account. Is this woman truly believable? Perhaps—but how do we truly know at this stage? There is no machinery I am aware of for investigating Mr. Fairfax now for things that occurred in other states 15-20 years ago. There will be plenty of time to settle the score with him if he chooses to run for governor in three years. A personal anecdote is instructive. Years ago I had a client who felt (quite properly) aggrieved by the conduct of a judge in a custody proceeding. When the judge next ran for higher office this energetic lady helped engineer his defeat. A judge no more. Still true: the mills of the gods grind slowly—and not by Tweet or Instagram.
ManhattanWilliam (New York, NY)
If ANY American, be it man, woman, straight, gay conservative or progressive, can be forced from office based on ACCUSATIONS that aren't in any way substantiated and that took place nearly TWENTY years ago, then I assert that our LIBERTIES are under threat. I will never ever assign guilt to anyone unless they are proven guilty, and I don't care how hard it is for the accuser to come forward. The burden of proof has for hundreds of years assumed innocence until proven guilty, and forcing someone to lose their job or impugn their character based on the statement that one person makes against another is absolutely disgusting from where I sit. I don't care what race or sex or orientation you are. We ALL deserve the presumption of innocence and what's more, any unsubstantiated claims against someone are nothing more than SLANDER and people should be subjected to being sued if they make claims damaging to someone that cannot be proven, PERIOD.
Evie Williams (NY)
Why was Brett Kavanaugh let go then? It's basically the same situation and he's now in the Superior Court.
Wine Country Dude (Napa Valley)
@Evie Williams He was not let go. He endured, and his family endured, a grotesquely painful and humiliating ordeal. Quite possibly, for nothing.
Gordon (Canada)
Allegations of rape and sexual assault are incredibly serious.... But if mere allegations are enough to force political resignations, then it will be political chaos in America. All men and women are innocent until PROVEN guilty.... Never guilty due to merely an allegation of wrong doing. In this case, the State Democrats are not behaving.... So quick to demand a resignation because it is politically easy to do so, rather than investigate.
Daniel (Kinske)
Ironic that of the Virginia three, the one who has natural blackface will be the one ousted. Didn't see that one coming.
Doodle (Fort Myers, FL)
These are serious and troubling accusations. I am FURIOUS that these women did not speak up during the primary. If they did not speak up then, they should just hold their tongue now. Particularly in this era of Trumpian corrupt politics, it is very demoralizing all the hard work by the grassroot Democrats is now going down the drain!
David Gottfried (New York City)
Identity politics and phenomena such as the Me Too movement will destroy the recent revival of progressive politics. When Bernie Sanders launched his campaign for the presidency in 2015, and had the courage and wisdom to stress the scourge of increasing income inequality, I thought we had a chance. But now the Democratic party is more entangled and oppressed by identify politics than ever. Turning to the specifics of this case: In one segment of the article it states that 6 people said that one of the victims said she was traumatized but that only three of them identified the supposedly guilty lt governor and the identifications were sketchy. One of them identified the guilty person as a politician. Wow, that's really specific. Neither women went to the police. One or both women did not even bother going to the doctor. One of the women even admits that she was kissing the guilty man and that the kissing was not unwelcome. She also says it escalated into oral sex. You will call me antedeluvian but I abhor women who lead a man on, entice him and excite him and then cry rape.
BK (FL)
@David Gottfried Holding people accountable for sexual assault is not engaging in identity politics. Bernie Sanders would disagree with you.
Jonathan (Brooklyn)
Here’s the unavoidable big picture: Among men there are some whose views of sexual behavior are so distorted as to think that certain grotesque, abhorrent, violent behaviors toward women are acceptable, and who will act in such ways. And it runs the gamut - the incidence of these Neanderthals doesn’t seem to correlate with any obvious traits or characteristics. Why is it that we’ve reached a point in human development where there’s (virtually) universal understanding that killing someone is wrong but it’s not so for sexual assault? And how do we get there? I’m not sure of the answer to that latter question but I have a hunch that when a public figure treats accountability for sexual assault as a fungible commodity it puts us in reverse. (Yes, I’m thinking of the way that Republicans traded Brett Kavanaugh’s accountability for political gain.)
Moses Khaet (Georgia)
@Jonathan Killing someone is wrong, universally speaking? What is Stand your Ground all about then? Execution? War? We ain't there yet.
jerry lee (rochester ny)
Reality check dirty laudry always been used to distract people from whats important. Like jobs pay living wage ,unfair taxs, forced to carry health insurance dont ever use an if when person does use find out not covered expense.List goes on an on people being smoked so bad dont even now its being done to them.
JHM (New Jersey)
Sexual assault in any way, shape, or form is a crime that should be punished to the full extent allowed by the law. However, what happened to that basic tenet of our judicial process "innocent until proven guilty?" Is sexual assault somehow different?
BorisRoberts (Santa Maria, CA)
I suppose it all depends on one thing. Did he do it? If it were me, and I knew it was all false, I'd make them remove me. Politics being what it is currently, outrage gets spurred with just an accusation, no proof required. Which really isn't how it should be. And it seems that both sides are playing the same dirty tricks.
BoingBoing (NY)
Mob justice at its finest . Shame on all for taking the easy way out (though not surprising, these are politicos after all ) and disregarding something as fundamental as "presumption of innocence". This is a dark period in our country, we are regressing.
Mike Livingston (Cheltenham PA)
Virginia has become a parody of political correctness. Unless there is further evidence of the claims against Mr. Fairfax, and a full and fair investigation of the charges against Northam, I don't think anyone should resign. Take a deep breath.
Laura (NYC)
Fairfax needs to resign immediately. I believe Vanessa Tyson and Meredith Watson, and it is absolutely unacceptable for rapists to hold government positions. Those commenters who talk about going through the proper judicial system are willfully blind to the fact that our legal system has failed abysmally to properly address crimes which are primarily committed by men against women and children, such as rape, sexual harassment, and sexual abuse. We need to do better, and that starts by showing that committing acts of sexual violence will have serious consequences.
Jay (Casey)
You have no basis for believing them without evidence. It is wrong to rush to judgment. Immoral even. I believe in due process
dgm (Princeton, NJ)
@Laura . . . And what kind of legal system do you propose replace the one one we have, some matriarch meting out justice based on her whims? Your reasoning here is the reason why women will never hold significant power in this country.
Laura (NYC)
@dgm No, it's because women don't hold significant power in this country that these crimes have gone unpunished. But women are angry, and you can bet that change is coming! Less than a third of incidents of rape are reported to the police, and only approximately 6% result in an actual conviction. This failure of the system should be a serious concern to anyone who cares about justice. To start with, the police could test the thousands of rape kits with forensic evidence which they left on their shelves untested. And, as this comments section reveals, myths about rape persist. Those working in the justice system need to be educated about the effects of physical, sexual trauma, and the reasons a woman (or man) might not report straight away. There needs to be less focus on the victim of these crimes, and more focus on the character of the suspect. Have there been complaints in the past? Does he consume violent pornography? And I would also suggest that the crime of rape itself in the law is separated into different kinds of rape: acquaintance rape, stranger rape, rape within an intimate relationship.
thegreatfulauk (canada)
The irony of what unfolded in Virginia this past week is beyond the pale. The Governor is outed for an offensive image that appeared alongside his name in a student yearbook 35 years ago. The media and the Democratic Party are apoplectic - falling over themselves to demand his resignation or ouster. Great praise and promise is conferred on his second-in-command. The Washington Post calls on the Lieutenant Governor to give the thumbs-up or thumbs-down to either salvage the Governor's political career or end it. Other media outlets have all but crowned his successor. CNN anchors ask rhetorically 'why isn't he gone yet'? Just as the Governor hesitates, his heir-apparent is accused of a far more serious offence. The LG denies a charge he believes was concocted by people close to his boss. Attention shifts to the third in line - Virginia's AG - who is adamant the Governor must go. That is, until the AG is forced to admit that he himself engaged in that same offensive conduct. This has become like an unfunny skit from The Three Stooges. We expect politicians to behave hypocritically, disingenuously, rashly; it is in their nature. But we expect more patience, objectivity, and balance from the fourth estate - none of which was in evidence in their shrill reporting of this debacle. There is a rational process for handling allegations and/or admissions of misconduct by politicians. This wasn't it.
thegreatfulauk (canada)
The pitiful irony of what unfolded in Virginia this past week is beyond the pale. The Governor is outed for an offensive image appearing alongside his name in a student yearbook 35 years ago. The media and the Democratic Party are apoplectic - falling over themselves to demand his resignation or ouster. Great praise and promise is conferred on his second-in-command. The Washington Post argues the Lieutenant Governor is uniquely fit to give the thumbs-up or thumbs-down to salvage the Governor's political career or end it. Other media outlets have all but crowned his successor. CNN anchors ask rhetorically 'why isn't he gone yet'? But as the Governor hesitates his heir-apparent is accused of a far more serious offence. The LG denies the charge, speculating it was concocted by people close to his boss. Attention shifts to the third in line - Virginia's AG - who is equally adamant the Governor must go. That is, until the AG is forced to admit that he himself engaged in that same offensive conduct. This has become like an unfunny skit from The Three Stooges. We expect politicians to behave hypocritically, disingenuously, rashly; it is in their nature. But we expect more patience, objectivity, and balance from the fourth estate - none of which was in evidence in its shrill reporting of this debacle. There is a rational process for handling allegations and/or admissions of misconduct by politicians. The media instead demanded summary conviction and execution.
Dr. Bob (Vero Beach, FL, USA)
Those who see the calls for resignation as somehow violating "due process" are wrong. They are confounding political crises for Mr. Justin (et al in VA, ad nauseum)) with what may become a separate judicial crisis/process (plural?). We do have a due process of law, a Constitutionally-protected mandate to prevent legal conviction and other punitive governmental actions without such a guarantee. It does not in any way, except when politically convenient, relate to calls for resignation. Due process is not either a guiding moral light for our culture. Else wise and as an example, while due process is guaranteed public employees in the discipline or termination process, employees of private sector employees could not "be fired for good reason, bad reason, or no reason at all," as the guiding precedent holds. (excepting law or individual/union contract). We may differ as to whether we would want due process as a overall right, but as it stands now it is only a right limiting governmental punitive action.
Mary M (Raleigh)
Society sends young men some seriously mixed messages. They are taught that to be masculine is to be sexually assertive. Yet one person's idea of sexually assertive may be, in another person's view, sexually assaultive. The distinctions are not always clear. We, as a society, need to clarify our beliefs and come to some common agreement on what is okay and what could land you in jail. As long as society sees lots of gray areas, young men will have to guess at what is appropiate.
NotMyDaughter (NY)
Stop making excuses for men. Rape is rape. It's common sense.
LFK (VA)
I was defending Fairfax with the first allegation, believing it was possibly not true. The second, with much corroborated evidence, is really too much. Let him fight and investigate after he resigns.
XManLA (Los Angeles, CA)
Ready, set, go! Trial by social media. This is so much fun! Everybody wins but due process and the presumption of innocence.
Sean James (California)
The person making the allegations certainly has a right to come forward and I would argue and obligation to self to do so. I would hope that any man or woman who was assaulted would come forward. The challenge with these types of accusations is that they are so many years removed, but that almost always hurts the accused because accused people are already found guilty in the account of public opinion and just expected to give up their careers when it's an allegation and not something proven. Dr. Tyson's lawyer suggest Dr. Tyson is coming forward out of civic duty and not fame. Maybe it's a little of both. This will certainly help Dr. Tyson's popularity and sympathy in the era of MeToo. The sense of civic duty and celebrity go hand in hand today. And, it doesn't mean it's out of the ordinary or meant to be mutually exclusive. But we have one person saying I was raped and another saying the accusations are untrue. But when one reads the story, it's clear the Times does enough to stoke the fires of public opinion. We must always protect victims and never at the expense of due process.
Sequel (Boston)
I don't see how Democrats can claim to be the party of the rule of law when they repeatedly attempt to convict people upon accusation. As a public figure who has lived in the spotlight, Mr. Fairfax does not have the same reasonable expectation of privacy that ordinary people have. He owes it to Virginia to fight this battle publicly and to demand his rights. Hopefully he will do this without the weeping and sniveling and rage of Brett Kavanaugh . Let due process rule ... no pitchforks, torches, or mobs are required.
Ron Cohen (Waltham, MA)
This is madness! Right now, the chances of the Democrats winning the Electoral College in 2020 are slim, at best, because of gerrymandering and geographical disadvantage. With Virginia in Republican hands, that chance becomes even slimmer. These are the sins of young men in a bygone, culturally distant era. Why should they now, in their maturity, be asked not only to forfeit their elected office, but also to risk the future of democracy in their country? And for the lieutenant governor, without a shred of evidence or due process? This is moral outrage derangement syndrome, or MADS. It is why the Democrats have been consigned to the political wilderness for so long, and why, as I expect, they will once again reside there after the 2020 elections.
Getoffmylawn (CA)
I've only just now watched David Brooks on PBS: He's right, there needs to be investigation first before impeachment. There must be structure and procedures already in place in the Virginia Assembly to do a thorough investigation of these charges, including searching for any more examples of such behavior. The state's Attorney General, under political fire himself, needs to recuse himself.
NESCRIBE (New England)
So, as an attorney who was a journalist for many years, I consider whether the accused could be convicted in a court of law, or whether that won't matter as he, or she, has already been convicted in the court of public opinion. This was also my dilemma with Judge Brett Kavanaugh's ascension to the Supreme Court. There is such a thing as due process, loosely translated as innocent until proven guilty. Under our system of justice everyone is presumed innocent until proven guilty. Yet, in these cases of accusations made decades after the alleged offense, there really is no way to prove, beyond a reasonable doubt, that certain offenses occurred. That is our collective dilemma
Angelica (Pennsylvania)
@Nescribe You focus on the victims but don’t question why they don’t come forward and the integrity of the “system” that you insinuate is just and fair. Perhaps we need more scrutiny on the “system” and the underpinning culture that makes women weaponize car keys as they walk across a parking lots no matter what their skin color or income.
Eatoin Shrdlu (Somewhere On Long Island)
There’s something not quite right about the attempt by Virginia Democrats to destroy the Democratic governor and first two automated successors, which would hand their seats back to the GOP which has held them since ‘64. I’n not blaming the opposition, though I wonder whether its research didn’t turn all this up long before Election Day. If I were running, my team would have had it! Progressive Democrats say the governor must go, for an ‘83 yearbook page in vile taste and admitting darkening his face for a Michael Jackson costume party, itself in poor taste. The third, because he did blackface once as an undergrad. Now #2 is accused of 20 year-old rapes, he claims the 1st was consensual, the other claim just hit the news - an e-mail by an alleged college victim. Rape is never acceptable, but why is it first claimed now - in New York, women knew, by 1980 to report that violent crime immediately. And Progressives knew how offensive blackface was way before then. Can and should those standards be imposed on folks who grew up in the ‘60s in the Confederate capital, still laced with violent bigotry. Without the benefit of any investigation, the calls come from out-of-state to all three: RESIGN! And this NY Progressive is angry - at the bigots and misogyny of 30-years-past Virginia and how to call rape cases sans any proof. And whether to give up hard-won centrist victories due to reverberations of the state’s recent past, when blackface was funny and women still objects.
John Smithson (California)
This bothers me. People pass judgment based on how "credible" allegations are, and rush to support their friends and colleagues. But they have no way of knowing what happened decades ago. I've spent many years dealing with our criminal justice system. This is mob justice, and that's no justice at all. Must we mix our justice system with politics? Should people like Roy Moore, Al Franken, Brett Kavanaugh, Justin Fairfax, and Donald Trump be judged guilty of crimes by a political process? Is that appropriate in a country that supposedly has the rule of law? Shame on those politicians, and those in the media (as in this article), who appoint themselves vigilantes and dispense justice as though they have the ability and the right to do so.
UWSer (New York)
Your question contains the answer within it. "Should people like Roy Moore, Al Franken, Brett Kavanaugh, Justin Fairfax, and Donald Trump be judged guilty of crimes by a political process?" None were judged guilty of crimes or faced jail time, the punishment for crimes. All were participating in political processes, whether they be elections, legislative branch (i.e. political) confirmation of presidential appointments, or impeachment (where the decision is explicitly allocated, again, to the legislative or political branch and the "high crimes or misdemeanors" standard is ultimately a political rather than judicial one), so what's happened is entirely consistent with the constitutional design and rule of law while being political.
Michelle Taylor (Roswell, Ga.)
Do you think a statue of limitations, say 5 years, should be placed on these rampant past sexual assaults? People’s lives are being ruined based on unproven actions from 10, 15, 20 years ago. It must be stopped. And women, speak up!!! When it happens! We will listen.
Lawmomma (Central PA)
Agreed! I was a Title IX coordinator at a University and I am here to tell you that is troubling that the “politically correct” thing to do now a days when there is a sexual misconduct allegation is to forego any modicum of due process!
Bill Cullen, Author (Portland)
The allegations sound credible. What does that mean? All of us suffer from confirmation bias. "I thought so. That sounds like him. Or her." How about some due process? And if Mr. Fairfax raped a woman is the punishment for this felony that he will resign? What are the chances that he is not guilty, for a moment assuming his innocence. Not very high. Studies are all over the place on false allegations of rape; 2%, 4.7%, 5.1%. But do we throw 100 of those accused of rape in jail to make sure that 98, or 95 of those guilty are punished? I think the FBI needs to investigate all such claims against political figures. A rape is a serious felony deserving punishment just not shunning or ostracism and loss of prestige. And every man and woman deserves their chance to make their case in a court of law... The media is a great source for airing misdeeds and crimes but we need more than the media court of opinion to come to a conclusion. Fairfax says the claims are "demonstrably false". Well then Mr. Fairfax either demonstrate their falseness or go to jail.
Anna (NY)
@Bill Cullen, Author: Nope. It’s “Innocent until proven guilty”. The prosecution has to prove guilt, instead of the accused innocence.
Lawmomma (Central PA)
The proper place for this to be played out is in court or not at all. Using the FBI for such instances and turning the FBI into sex cops seems to me to be a step too far...
Mark (Philadelphia )
“Fairfax should demonstrate their falseness or goal to jail.” Lol are you serious? This isn’t China. It’s the burden of the state to prove guilty by a reasonable doubt not that of the defendant. Imagine if an accused bank robber had to prove his innocence or how about a murderer. You said you’re concerned with innocent people being locked up, but then show a clear lack of understanding of due process with such a blithe remark. Moreover, the statistics you’ve stated likely deal with criminal cases, not civil (also to become a criminal case the accusation must have some heft). False rape “accusations” made in the media and civil cases are much higher. And so there is no confusion, I have no idea whether Mr. Fairfax committed these sexual assaults. But I do believe in due process and your lack of understanding of this tenet troubles me.
James McGill (FEMA Camp 71/2)
I've learned to expect these accusations to end with the accused on the Supreme Court for life.
Dr.J (New York)
Of course Gillebrand would be in the first wave, pitchfork high, demanding immediate resignation solely on the basis of uninvestigated, untried accusations. Ms. “all for law and order” has a serious blind spot when it comes to the core principle of due process. She led the pack - er, the charge - against Al Franken and here she is again, ready to shoot first, destroy a career and ask questions later - if ever. Let Trump blather on about “socialism”; the real danger our republic faces is the screaming, vote-pandering, crowd-stirring, oh-so carefully cloaked side-stepping of basic constitutional rights guaranteed to us all that Ms. Gillebrand is so eager to champion. Sorry, like your sorry campaign for the presidency, it won’t work.
Max Green (Teslaville )
@Dr.J Did Al Franken resign or did he get kicked out. If he resigned, is there any reason he couldn't run for office again?
wonder (SF)
I am stuck on the information that 740 academics have signed a letter of support for her. These are academics jumping to a conclusion with almost no evidence. I only hope that none of them are scientists. There were likely two completely different perceptions of the encounter. She may have reinterpreted the event at a later date, influenced by the tragic events of her childhood. Or it may have happened as she says. Or it may have happened as he says. I have no idea if he is guilty. The man is being convicted without a trial or any chance to defend himself. Talk about vigilante justice.
Colleen Montalvo (Ann Arbor)
"She just wants, as she says, the Virginia voters to know who this person is.” Apparently, Lt. Governors who assault are okey-dokey, but Governors must have no assault record. Just like the Supreme Court, but not other federal court appointees. "The line must be drawn here! No further!"
RK (Raleigh, NC)
Mr. Fairfax, if you did not do this, which seems highly possible, do not resign Sir. We need your service and understand why this is being directed toward you as the fall guy for Northam. There should be checks and balances on the Me Too movement as well as the unproven allegations of many of the movement's adherents. That movement has also been showing increasing signs of bias, laid bare at the recent Women's March. There is no Mark Judge here in the room as a full participant, despite the false equivalencies being thrown about. Allegations do not constitute proof, nor do they constitute "credibility", a shifting concept based on political winds. If the accusers are unable to substantiate their claims or provide proof outside of vague emails repeating only allegations, Mr. Fairfax, stand firm.
Susan (Atlanta)
Hi RK, While your point makes legal sense, the protection of assaulted women often fall short due to the legal requirements to prove the assault. Your insistence on imperfect laws is motivated by what, may I ask? What is your idea to improve those laws that are far less than perfect in the protection of possible victims? I suggest a more careful treading of opinions whenever the law is so full of holes and traps that the law can sometimes perpetuate injustice unintentionally.
voltairesmistress (San Francisco)
Let’s urge the Virginia Democratic Party to initiate investigations of all three accused men. Two committed no crime, but the question of their racial attitudes and insensitivity to the pain they caused black people by donning black face is at least something that should be publicly explored, talked about, and perhaps censured by their state’s legislature. The two men, governor and attorney general, can choose to resign or not, before or after those investigations which seem like they would be short anyway. The accusations of rape against the Lt Governor are a criminal matter, and the states of North Carolina (Duke) and California (? Wherever that conference took place) should investigate. It does not matter what these women want; they cannot accuse a man and not be willing to testify to cops or courts when questioned. It is the only fair thing for the accused Lt. Governor. In the interim he can choose to resign or not. The ensuing public information may not be sufficient for a criminal conviction, but surely the voters can decide if it meets the smell test. Serving in public office is a privilege, and reputation, fair or not, plays a vital role in voters’ decision making. I certainly would not vote for the Lt Governor based on what I have read so far; neither would I probably judge him guilty beyond of reasonable doubt in a court of law. Those are two different standards. Politicians should not hide behind the criminal standard when their reputation is the issue.
Cold Eye (Kenwood CA)
Are you saying that if you had no reason that could be accepted as true by a court of law, you personally could convict him in your own mind because you personally have a lesser commitment to the truth and the concept of innocence until proven guilty than the court?
Perry (WA)
Why don’t you contact the FBI & ask them to question Fairfax’s accusers? Maybe Fairfax can try to see it the Feds will charge them with making false criminal accusations against a public officer or something like that. Or perhaps you can encourage the VA legislature to subpoena his accusers. Otherwise, I don’t know what “courts” or “cops” are going to force them to talk/testify. Fairfax can try to sue them for defamation, etc. but that would take forever. MA & NC are unlikely to open investigations unless the women make complaints. Also depends on the statute of limitations.
Bulldoggie (Boondocks)
I was skeptical about the initial allegation and now attribute that to my failure to read as much as I could about Prof. Tyson. Now, with another woman coming forward with allegations of Fairfax’s behavior towards her, it seems there is a disturbing pattern emerging. It all sickens me. If Mr. Fairfax did indeed assault these women, he needs to resign.
K (Green Bay, Wisconsin)
He should resign, be tried in a court of law and go directly to jail since he’s a Democrat. If he was a Republican he could instead be elected president or become a permanent member of the Supreme Court.
Bulldoggie (Boondocks)
@The Baron These allegations are about incidents that occurred over a decade ago, so there’s a very good chance that the statute of limitations has run in both states. That means there is no legal recourse available to these women - or to Mr. Fairfax unless, of course, he decides to initiate lawsuits charging them with libel/slander, in which case he can have his day in court. And, BTW, denials are not truth, either. Enjoy life in Canada.
MyThreeCents (San Francisco)
As best I can tell from most comments, we should simply believe the accuser if the accused is a Republican, but the accused should be presumed innocent until proven guilty if he's a Democrat? Is that pretty much it?
LFK (VA)
@MyThreeCents Why would you say this when it’s not true? All Democrats asked for was an actual investigation of Kavanaugh, which they never got. You are the partisan, not the commenters.
Alx (iowa city)
@MyThreeCents, who made it to the Supreme Court and who stepped down from the Senate...
Joe Yoh (Brooklyn)
this shall not stand. I'm sure he will resign, and we must be heard and make sure.
Bruce (Detroit)
There are two credible accusors as well as plenty of corroborating evidence. The first accuser ss a Democrat (and we don't know which party the 2nd accuser is in) so her accusation is not due to political reasons. The evidence seems very compelling.
Otis Tarnow-Loeffler (Los Angeles)
Even if you don't like him and you believe everything that is being alleged, Fairfax still deserves due process: that's why we have it.
Doctor (USA)
Shame on him. Shame on him. Why is this so commonplace in society? Why is this so commonplace in politics? is there a straight shooter in politics? The power of politics must be a lot like these crimes. He should be prosecuted right along with Cavannaugh to the SCOTUS.
Joe (California)
This is a lousy era in so many ways. I hope we are cleaning house with all these awful revelations about our "leaders" rather than simply declining. People from the so-called president on down are behaving so badly and really disappointing us. It's weird, following so soon after the upstanding example that President Obama provided. (I know some will consider that partisan, but actually, it's a fact.)
Emily (New York, New York)
I don’t necessarily think we can say it’s this ‘era’ that’s problematic. These issues have existed. Sexual assault has been happening all along. It just seems like we’re bombarded with indiscretions now, because of larger conversations that have been developing. People finally have strength/courage/confidence to speak on their experiences. I expect many more of these type of accusations to occur over the next several months. Not necessarily BECAUSE they’re politicians (although, it certainly adds fuel to the fire), but because I think a lot of men (and women!) have gone through the majority of their adult lives without a working knowledge of affirmative consent. ...or, they’re predators and don’t care about consent.
Bun Mam (OAKLAND)
What ever happened to ‘innocent until proven guilty’?
julius (hawaii)
These are serious charges but remember that someone tried to make false accusations against Mueller, so it is plausible these are fake or a political plant.. an investigation is warranted.
virginia283 (Virginia)
So Fairfax consulted with Rep. Bobby Scott about Dr. Tyson in 2017, the same year Scott was accused by one of his staffers of sexual harassment in December 2017. Sounds like these two women abusers were comparing strategies for how to avoid blame for there actions. https://www.richmond.com/news/virginia/government-politics/former-staffer-accuses-virginia-rep-bobby-scott-of-sexual-harassment/article_3f46c045-b403-58b5-b02f-d5fcb3122874.html
DataDrivenFP (California)
This makes me think that we should ALL be wearing body cams 24/7, especially if we think we might ever come into public life. Unfortunately, psychopaths can lie better than normal people tell the truth. Isn't our legal system supposed to be based on "beyond a reasonable doubt?"
Rose (DC)
While I always believe women as no woman wants to expose this deeply private information for the heck of it, i am incredibly perplexed that neither of these women - who both have what are deemed credible claims - didn't share this information when Fairfax first ran for elected office or that it wasn't previously dug up by right wing media. I hate that this has happened and sadly believe his once promising political career may not recover. Meanwhile it appears Northam or Haggert might weather their storms.
Plumberb (CA)
Many things are in play, and if Fairfax does not resign, and a fair investigation does not exonerate him, then it is time for him to go. If he is guilty, he should save the State of VA the effort and resign now. While I may seem to taking up for white men in blackface and taking the hard line against a black man, the charges are not equivalent. Blackface, as repugnant as it may be, should be considered with retrospect to the times it occurred in, along with the willingness of the accused to admit the past and demonstrate that better judgement has been the case since. Rape and sexual assault, regardless of the color of the perpetrator or the victim, requires no perspective. If a preponderance of the evidence indicates culpability, then the the people should be able to expect he be removed from office. And yes, I am still outraged at the minimal effort to seek the truth in the Kavanaugh case.
FNW (Durham, NC)
please, if there is anyone else regarding Mr. Fairfax, or additional info regarding the Governor and Attorney General about their exceptional racist days in the past (remembering we all carry racism in us), please share now so this is not a lingering death of democracy in VA
FreedomisPriceless (San Angelo, Tex.)
The great danger of #MeToo is on full display here as it was during the Kavanaugh nomination. Any person who is accused of sexual misconduct immediately loses their reputation even if the accusation is bogus. There is simply no presumption of innocence in cases like this. Legislators are now threatening to impeach Lt. Gov. Fairfax without any concrete evidence. I am not stating that either one of these women are lying. But until irrefutable proof is adjudicated by a court that proves guilt beyond doubt, Fairfax is entitled to the presumption of innocence (as Kavanaugh should have been afforded). #MeToo has done enormous damage with respect to the rights of the accused.
Alx (iowa city)
@FreedomisPriceless, Kavanaugh is sitting on the Supreme Court...there was no due process and no investigation. It is his accuser that was short-changed in this instance. We now have a man on the Supreme Court who was fully investigated who was accused of a violent crime.
John (Virginia)
For people suggesting that Fairfax resign so that Northam can appoint a new Lt. Governor, get a new strategy. If the Lt. Governor leaves office, he or she is not replaced until the next election. The position remains vacant.
Christie (Virginia)
I am ashamed to be a democrat and a female in VA right now. It appears my parties only focus is still on making this man Governor. Where are their priorities? Do women's rights fall to the back burner if it does not fit their agenda for obtaining the white house? If they force Northam to resign, then this guy is Governor? Then when Fairfax refuses to resign..... I have to except him as Governor? We were relentless every time except now... makes me sick to my stomach much they are showing how women's rights seem to be lip service. Only when it supports the VA Dems agenda.
Paul (Palo Alto)
These allegations have credibility and should be fully investigated. If true this guy should go to jail. Physical assault on anyone is not some sort of ignorable offense, even if Kavanaugh got away with multiple instances of it.
Nic (Harlem)
Northam needs to appoint his replacement and a replacement for the Lieutenant governor. This is usually what the Republicans do
chambolle (Bainbridge Island)
It strikes me that a disproportionate number of male politicians and similar public figures, regardless of skin tone, have been aggressive with women to the point of sexual assault and rape. Could it be the same ‘grab ‘em by the —‘ sense of entitlement, the same narcissism, and the same drive to manipulate and overpower others is what brought them to prominence in the first place? Might there be something wrong with us, who consistently reward such people with fortune, fame and political power?
Michael Bain (Glorieta, New Mexico)
It's final. The Democrats have become the Republicans. And I have no meaningful vote to cast. MB
Ed (Washington DC)
What's going on with these three musketeers in VA. Those three should all get on one way flights out of Dodge, and let folks who can be trusted, respected and looked up take their places in the government heirarchy and lead VA out of this mess.
brian carter (Vermont)
Perhaps a new career is in order for Mr Fairfax. Being an accomplished liar is obviously a useful skill if you are a politician, but criminal behavior and general piggishness seems less acceptable to Democrats. The GOP would love to add diversity to their party, and they have much lower standards, so maybe time for a jump.
John Brown (Idaho)
Where is the New York Times Editorials and OP-Ed Columns demanding that Mr. Fairfax step down NOW ! Mr. Fairfax has a right to a trial, like anyone else, just as Mr. Kavanaugh deserved a fair hearing. It is called Justice.
Ellen (NJ)
Trial? What state has charged Fairfax with a crime? People usually don’t get a “trial” for random accusations. If these cases are still within the statute of limitations, someone would usually need to make a complaint to the police in the jurisdiction that the crimes were allegedly committed. Then it would need to be investigated to see if the DA is willing to take the case to trial.
John Brown (Idaho)
@Ellen Ellem, Why so persnickety ? A Fair Hearing - will that do ?
L (Connecticut)
Brett Kavanaugh was accused of sexual assault, had a public hissy fit, and made it to the Supreme Court. Kavanaugh must resign if Justin Fairfax resigns. We can't have two different standards for Democrats and Republicans. Donald Trump was also accused of sexually assaulting numerous women. Why aren't we holding the president accountable?
EGD (California)
@L Why isn’t the appalling DJT held accountable? Democrats threw the ‘presidents must be decent men’ theme away through decades of support for Bill Clinton. Trump simply meets the foul standard Clinton set.
Dorothy (Emerald City)
I don’t care what party they are from. I don’t want these types of boys in leadership positions. Get them out now.
Joel (New York)
The allegations against Mr. Fairfax are far more serious than those against Mr. Northam and Mr. Herring and, if true, raise serious issues about his fitness to remain in office. The fact that some media and commentators have chosen treat the complaints against these three men as anything close to equivalent is deeply troubling. Forcible rape is not the same as an insensitive display that harmed nobody.
Captain Courageous (USA)
In the USA our judicial system maintains the concept of innocent until proven guilty.
Kim (VT)
He’s not in the judicial system. He hasn’t been charged with a crime or served with a lawsuit. He hasn’t yet sued either of these women. “Due process” doesn’t just pertain to personal accusations in most cases without further action.
Vivien Hessel (Sunny Cal)
I have an idea. How about an actual investigation, and if evidence is found, then prosecute. Isn’t that how Justice works?
Carrie (ABQ)
I'd bet that the several dozen qualified women who were passed up for the job because of discrimination would not have done this. As my grandma would have said, "It's time to clean the house."
MyThreeCents (San Francisco)
"We have a process for dumping elected leaders. It's called impeachment. ... In addition, there's always the next election." Despite the first part, this commenter does NOT seem to be arguing that anything short of an impeachable offense is OK. Indeed, he points out that voters CAN simply vote the bad guy out of office in the next election. That's true whether the bad guy is Trump or Fairfax, Republican or Democrat. On the other hand, even BEFORE the next election, we should ask whether it's appropriate for a bad guy to take a step up -- say, from Lt. Governor to Governor. Maybe we should balk at that, even BEFORE the next election. What do you think?
Peter (New York)
Fairfax, if he truly believes he did nothing wrong, then he should fight this. Convene a grand jury, let the prosecutor present evidence. If there is enough, then go to a court trial. In this situation as others, the democrats have not let the legal system play out as it should.
Kim (VT)
I don’t know that Fairfax will have much luck trying to convince a DA that criminally false accusations were made against him. If it was that easy, I suspect Weinstein & many other public figures that claim that they’ve been falsely accused (including Trump- he likes to sue) of sexual misconduct would file these cases all the time. Unless he can, there is unlikely to be a grand jury convened.
S. B. (S.F.)
Legally, a question such as this amounts to: 'Evidence, or it didn't happen'. And while there are credible accusations here, there is no evidence whatsoever. Not enough to bring charges and certainly not enough to win a conviction. As difficult as it would have been for them, these women should have spoken up shortly after the incidents they allege. It's difficult, it's unfair, and it's the only thing that works.
Elaine (Feld)
How is it that these allegations are considered sufficient for calls for the resignation of these office holders but similar allegations were not enough To torpedo Kavanaugh’s nomination from the supreme court?
John Smithson (California)
@Elaine Because Christine Ford's allegations had no supporting evidence. Same as Vanessa Tyson, she offered only her word and recent statements about the incident. At least Meredith Watson has some people who support her story and say she told them about it at the time. But that's no real evidence either. Those calling for resignations on flimsy evidence and bare allegations are doing so for political purposes. They ought to be ashamed of themselves. They are no better than lynch mobs and vigilantes.
Randall (Portland, OR)
As I, still a Democrat, said after the first accusation: Fairfax should resign. As a man, I have to disagree with the people who think that men should be allowed to continue to hold positions of power with unresolved sexual assault claims against them.
Heidi (Denver CO)
@Randall, slippery slope here. It will be all too easy for political opponents to carefully craft accusations against one another. Predators should not get a free pass, nor should potentially innocent people be destroyed by accusation alone. It's an inherently difficult thing, proving sexual assault, especially decades later. There's not an easy answer, but the court of public opinion and mob justice is not it.
MyThreeCents (San Francisco)
I THINK I get it, but help me out if I'm missing something here: "if Kavanaugh resigns, then Fairfax can, and should..." So if Kavanaugh does NOT resign, then Fairfax shouldn't either? If that's what happens, then is Fairfax exonerated, even if he did what he's accuse of? Do I have that right?
Ralph Petrillo (Nyc)
Well hearing should be held if he doesn’t resign . Investigation needed.
Jeffrey (<br/>)
Fairfax must resign. In light these clearly criminal acts in which there is no room for excuses or forgiveness, I now have reassessed my opinion on Governor Northam. While what Northam did while in med school was thoughtless and hurtful, there no evidence of malice, and there were no victims who suffered directly. Furthermore, it has become quite apparent that as odious a blackface was known to be back in the 1980s, it's clear that many white people -- perhaps even the majority -- were not particularly aware of how hurtful it was. I think the best thing to come out of the Northam revelation is that many (if not most) white people -- and I include myself -- remain unaware of the depth and breadth of racism in all of its forms. I never would have put on blackface in college, but I don't know how strongly I would have reacted if I saw someone wearing it at a party or costume event. But, I didn't have close friendships in college with my fellow black students, so I remained ignorant. If were are to be honest as a nation, there are few who would escape guilt for behaving in hurtful ways toward oppressed groups -- whether white toward black, men toward women or people considered "able-bodied" toward people with disabilities.
DR (VA)
People seem confused about legal standards. 1) "Due process" as a constitutional matter is for criminal accusations and only applies in criminal prosecutions. There are "procedural due process rights" implicated in civil cases, but that's different from the due process right of "innocent until proven guilty" applied in criminal proceedings. 2) "Beyond a reasonable doubt" is the standard used for criminal cases only. Obviously when we are discussing depriving someone of their freedom and incarcerating them we want to be as close to certain about their guilt as possible. The standard in civil cases, e.g. if any of these women had sued Fairfax for what he did, would be "preponderance of the evidence" which just means that it's more likely than not that Fairfax did it. 50% and a feather. 3) Even if we stick with the civil standard, comparing the victims' statements with Fairfax's, the victims seem much more believable. They are corroborated in their statements to others - over a period of years - that this occurred. 50% is met. 4) Given that 50% and a feather is for civil cases, I'm comfortable with a much lower bar when we're talking about public office since it involves no personal legal liability. If there's even a 40% chance he did it that should be enough. Certainly that bar has been met. Public office is a privilege, not a right. Any decision about his political career would have no bearing on (and would be inadmissible in) any criminal case that were to follow.
John Smithson (California)
@DR Pretty glib analysis. And pretty facile. From my career in the courts, a fair part of it in criminal cases, I'd say nobody has any basis for judging who is "believable" based on what they read online in articles like this. There's a reason why we have courts and rules of evidence and burdens of proof. Mob justice is no justice at all. I'm disappointed in the way politics has become mixed with criminal justice. The criminal investigation into Hillary Clinton's emails was ridiculous. The Robert Mueller investigation into Donald Trump's links with Russia is even worse. The Brett Kavanaugh hearing was a farce. And now this fiasco. Voters have the right to decide who is in office. Vigilantes should quit trying to take that away from us.
Lawmomma (Central PA)
In your scenario who is determining the 50% a feather?
Independent (VT)
While empathy for assaults is important, the choice to come forward years later with all the destruction of the accused that follows nowadays in this social court of opinion is becoming theater, not justice or redemption. It cannot be proven one way or another— but one person and all the uninvolved people around that person ( yes, these other people are important in theses stories) are hurt, if not decimated. I can’t help but cringe when the media uses accusers success, academic credentials or how much support by friends and colleagues the accuser has accumulated as if some kind of evidence of the whole truth—It has nothing to do with anything. It’s a sad story that should have been handled different,y at the time. But that is what it is, a sad story that cannot be substantiated. And this not a single persons viewpoint— many comments here echo this same sentiment. As well, most people I know feel the same way and are getting tired of it all.
Dr.J (New York)
If these “allegations” are credible, draw up a complaint and take it to court; not the press, not the street, not the bloviating politicians but to the courts. It’s called due process. It’s in the constitution.
Janice (Southwest Virginia)
What a ghastly situation. I live in Virginia and am appalled by Northam but had high hopes for Fairfax. And I am not one of those women who immediately sides with other women; there's nothing magical about the connection between one's sex and one's capacity for truth-telling. But these are intellectually respectable women, and that does give me pause. Intimate situations can allow differing viewpoints, even between the participants. But this is a tough situation to unpack, given that the people involved all seem honorable. I just hope that something will happen that makes the situation clearer, especially for those of us who are wanting honest government in this state.
Anna (NY)
@Janice: So it would be different if a prostitute or a house cleaner would have accused Farfax? Professors can lie too, abusing their aura of “intellectual respectibility”. They are not better than others in ethical behavior.
Blackmamba (Il)
While politically he may be burnt toast as a Virginia state politician Mr. Fairfax can always switch parties and run for President of the United States in 2020.
Eric Dean (North Haven, CT)
This is really something out of THE SCARLET LETTER. If Fairfax resigns, he will be disgraced--toxic in politics and probably unemployable. And how does he clear his name? There are no criminal or civil proceedings? There has to be due process and a statute of limitations . . . or else you get this, e.g. well, she told several friends at the time it allegedly happened. Is that the new threshold for proving something that will ruin someone's life, i.e. well, she told several friends at that time that it supposedly happened? So case closed. Is there any other kind of legal (dare I say "quasi-judicial") proceeding anywhere where the burden of proof is "she told several friends at that time" and the consequences are complete ruin for the "suspect" or "defendant" or "miscreant" or, maybe most appropriate, "sinner", i.e. the person in Fairfax's predicament.
Braun (Sacramento)
The allegations that have been leveled against Fairfax are both severe and timely. However, just like those that came forward against Mr. Kavanaugh, there seems to be little evidence surrounding them, at least as of today. When 3 different women claimed that Mr. Kavanaugh behaved in a criminal manner, there was a near unanimous battle cry of “believe the accuser”. Why when a white male Republican is the subject of the accusation is the New York Times readership so ready to bring out the torches yet when a black male Democrat is accused of nearly the exact same behavior only months later the uproar is muted at best? Justice is supposed to be blind for a reason. If Mr. Kavanaugh was (and should) be given the benefit of having actual evidence given against him be presented before a final sentence is handed out, so should Mr. Fairfax have the same level of protection. This is exactly why it is essential that there be some level of evidence provided before a verdict can be handed out. Anyone can have anything leveled against them. But before a sentence can be reached there should be evidence weighed against unsubstantiated accusations. Salem has been haunted by the memory of 1692 when numerous claims stated loudly in public without evidence condemned innocent lives. Yet today we know that these individuals were victims in their own right since they had done nothing wrong other than being unpopular. How is it that we are still re-visiting that same lessons today?
Anna (NY)
@Braun: There was no unanimous cry for believing the accuser. There was a cry for a thorough investigation from Blasey and Democrats, which Republicans did not grant and Kavanaugh did not want. The FBI investigation was a sham, in which the most important witness could not be interviewed because the FBI was not allowed to.
Ronny (Dublin, CA)
I can't judge who is telling the truth and who is lying; and, neither can anyone else commenting here. That is why we have jury trials so twelve people can determine if there is evidence "beyond a reasonable doubt" about what actually happened. In this hyper partisan environment we can't dismiss the possibility that this is just political dirty tricks. A man, or woman, accused should not have his/her career ruined without due process. Waiting for due process does not mean we don't "believe the women," it is how we determine guilt or innocence in America. Zero Tolerance has never worked as an effective policy to deal with any social problem, the world isn't black and white it is gray.
BayArea101 (Midwest)
I think it's fair to say that given the zeitgeist of the Democratic Party this politician's career has come to an end. For better or worse, all we can hope for now is an end to the carrying-on and the shouting.
Art Ambient (San Diego)
What ever happened to innocent until proven guilty. Why is the man always presumed guilty with no evidence.
John Murray (Midland Park, NJ)
Lt. Gov. Fairfax is innocent of both these allegations of sexual assault until proven guilty in a court of law. He should only resign if he is convicted on either charge. I cannot believe that other Democrats are calling for him to resign. A person is innocent until proven guilty. This is a basic tenet of western law and indeed of Western Civilization. Are we to return to the Medieval era in Europe and introduce “trial by ordeal” or “trial by mob”. Will we introduce torture to make accused persons confess to save us from the expenses of a trial? This is a slippery slope. When will formal charges be laid against Lt. Gov. Fairfax? Democrats are hounding an innocent man. I look at the prospect of a Democratic victory in 2020 and shudder.
Watchful (California)
Doing blackface is a far cry from sexual assault. Seems to me that the Governor and AG have been sufficiently chastised and should remain in office. The Lt. Governor, however, is another story. While I am not one to believe anyone should be removed from office based on mere accusation of sexual violence against another, if those accusations prove to be true then the removal from office should be immediate no matter what party they are in.
JustMe2 (California)
The truly sad thing about sexual assault is the victim tends to become a multiple victim of multiple predators, as if he or she gives off a pheromone that predators sense. And that's also the rub: the victim is not chosen randomly. And the thing about predators is, they tend to have had a great deal of practice.
Ed L. (Syracuse)
"Ms. Smith said that her client did not seek medical attention or go to the police or the university administration..." “I said, ‘Did you say no?’ and she said, no she couldn’t say no,” Ms. Adams said." No medical attention, no police report, didn't notify the university, didn't say "No." But it's enough to ruin a man.
Paul Wortman (Providence)
This is what America has come to in the age of Trump--the Sodom and Gomorrah of Washington and Richmond. After Trump and Brett Kavanuagh, the Republicans have no moral standing or authority. It's imperative for the Democrats to adhere to the "rule of law" and judge the credibility of the accusers and decide the fate of Lt. Gov. Justin Fairfax. The Republican-controlled House of Delegates and Senate will, of course, gladly impeach, but their party now has no credibility. The Democrats must handle this in a public, fair and transparent manner if they want to retain the moral high ground as well as the support of women and the African-American community. The issue is critical not just for Virginia, but for the 2020 election.
SandMtGuy (Henagar, AL)
I do not agree that a duly elected politician should be forced to resign over unproven allegations. We have 'due process of law' in this country and in this case, the politician has demanded a full and thorough investigation. It the accuser is willing to publicly accuse, she should be willing to cooperate in a the investigation and legal process. If it were me and I was innocent of the crime, I would not resign and demand that the crime be proven. I hope that becomes the new standard, rather that trial by public opinion in the media. And when I am proven not guilty, the accuser will be sued for slander.
Robert (Seattle)
@SandMtGuy Due process, i.e., "guilty beyond a reasonable doubt," applies to criminal trials. The due process standard is irrelevant here. The standard for elected public servants must be much higher. For instance, public servants should almost certainly be asked to meet the "appearance of impropriety standard" which applies to boards of trustees. Yes, Mr. Trump or Mr. Kavanaugh would not meet that higher standard. This is just one of many reasons that Trump should have already been impeached. For this reason Kavanaugh should never have been approved by the Senate. Mr. Fairfax at this point doesn't meet this standard, either. He should resign. If he doesn't, the Democrats should move to impeach him.
JHM (UK)
@SandMtGuy Due process is one thing, how come this guy has not been charged? Perhaps if women were taken more seriously he would have been. But then there is this culture of long-standing of silence, and women are well aware of this and keep quiet. So then this is the only way to weed out a person who would use his position to abuse. And frankly, daily some male attacks or rapes or kills a woman. How about being sick of the way so many men treat women? Fairfax knows what he did and he deserves this I reckon.
Diana (Centennial)
@SandMtGuy While I don't disagree with what you are stating, how do you prove something where the only witnesses to the alleged sexual misconduct are the two participants? It still comes down to "he said", "she said". Whom do you believe?
BD (SD)
A desire to comply with and to adhere to the current cultural Party Line gives rise to the following question and solicitation for advice. Last summer during a trip to the east coast and a number of it's historical sites we visited and toured Monticello ( Thomas Jefferson's mansion and estate for those that are perhaps not familiar ) during which I acquired a memento/souvenir. Given current cultural dictates would I be in violation of current Party Line if I kept the momento on my desk, or am I required to quietly discard it?
Janice (Southwest Virginia)
@BD I suppose your question is too clever or nuanced for me to grasp, given that I can't make heads or tails of it. But I do not understand the commitment to party line, especially when it is rendered uppercase Party Line. This country was founded by people who, from their own pasts, had learned to value intellectual independence. And intellectual independence would seem to preclude any slavish devotion to a political party, no matter what the times. I speak as someone who has belonged to the same party all her life. But I am also quite critical of my party and frustrated that it will not see needed reforms, and I don't approve of partisanship that goes against my ethical inclinations. So I don't know what you're asking or what the desired effect is, but I do not think anyone should be enslaved to a "Party Line." Instead, why don't you protest the party line? Concern yourself with what's good for the country, not what's good for your party.
Nikkie (<br/>)
As a woman I have to agree with you completely. I feel for these women but a man's career and life should not be flushed just based on someone's unsubstantiated word of an event true or false. It is unfortunately to easy in today's society to ruin someone's life without any basis. We have to utilize the justice system as the final equalizer in these cases.
Amoret (North Dakota)
@Nikkie "We have to utilize the justice system as the final equalizer in these cases." When (if) the justice system treats sexual assault and sexual assault victims fairly I will agree. At this point in time, and especially before this point in time, this is not, has not been, the case.
MyThreeCents (San Francisco)
Yep: "In addition, there's always the next election." I was as amazed as anyone else that Trump won. But consider the alternative offered up by the Democratic Party! Wasn't Hillary Clinton an outright insult to voters?"
Maggie (U.S.A.)
@MyThreeCents No. HRC was easily the most qualified candidate in 2016 AND 2008, from both parties. Still is.
Ellen (NH)
Flawed, certainly. But definitely not that much of an insult when compared to Trump.
Margaret Flaherty (Berkeley Ca)
What about Hilary was an insult? She wasn’t my favorite candidate but when she was Secretary of State she had bipartisan support for her work. Was it her uranium deal with the Russians? How was that any worse than any prior presidents? And at least she pushed for universal health care while the Republicans twiddled their thumbs. Is it her voice? Do you think perhaps women shouldn’t be “pushy” ? The word “insult” is a fairly harsh term especially when used in some sort if comparison to the Donald. He is not only an ignorant bumbling president but who has proven himself over and over and over to be a horrible narcissist.
LSW (Pacific NW)
Whether true or not: if Kavanaugh resigns, then Fairfax can, and should, as well. This, in the age of Trump. And, bring on the circumstantial evidence equal to Kavanaughs. MeToo or not, the accusations are false until proven otherwise, beyond a reasonable doubt.
Peterson (NYC)
(If Kavanaugh resigns? What? Fairfax?) I think many here are confused. It’s like when folks complain about 1st Amendment Free Speech Rights when someone is blocked on social media, etc. They forget that 1st Amendment Rights per se only apply to actions taken by the GOVERNMENT. While there are some limits on speech restriction by private employers, etc., many private actors (eg social media) may typically legally block most any speech. Likewise, the standard of “guilty beyond a reasonable doubt” typically only universally applies to CRIMINAL CHARGES brought by government. There CAN be exceptions, especially based on special employment or other private contracts, public educational regulations, etc. However, there is no “rule” that requires such standards of proof in most situations. Generally, the private boss of an “at will” employee can fire anyone for an accusation without them being found “guilty beyond a reasonable doubt.” Likewise, the process for refusing to hire (or confirm) someone for a job/position based on accusations of any sort DOES NOT require that the allegations be “proven beyond a reasonable doubt.” So Kavanaugh never had to have the various accusations against him (perjury among them, even having nothing to do with the Ford case) proved “beyond a reasonable doubt” in order to be refused a seat on the Supreme Court. It often is/seems unfair & wrong, especially when one is on the receiving end of false accusations. But it’s the truth.
Hooj (London)
It is a sad reflection on political America that some people treat such accusations based on the political party of the accused. You recently had credible accusations dismissed by one party, which now finds accusations 'proven' when against one of their opponents. Equally you have some from the party who believed accusations against an opponent now treading carefully around accusations against one of their own. Surely one can give suitable credence to all such accusations, assess their merits without bias, act appropriately based on evidence/assessment, and treat women with proper respect - whatever the outcome of the assessment. Why is America so unable to do this?
MyThreeCents (San Francisco)
Elisabeth: There are two questions here: 1. If the allegations are true, should the politician step down (or at least not step up)? 2. Are the allegations true? It's almost always impossible to answer #2, since the alleged victims nearly always claims it happened and the alleged perpetrator insists it didn't. All one can do is answer #1 and then believe whichever side one wants to believe. I must confess that, say, six essentially identical allegations carry considerably more weight with me than does one allegation, even if none of those six allegations is "proved." I don't buy the argument that an accuser must be telling the truth because she suffers opprobrium simply by coming forward -- that's absurd; but when, say, six accusers step forward, that indeed counts for something with me. It tends to make me think it happened.
sthomas1957 (Salt Lake City, UT)
@MyThreeCents There are not six "accusers" stepping forward. There are six witnesses who say that Dr. Tyson confided in them, most somewhat recently, details of the alleged incident.
Alan Mass (Brooklyn)
The partisanship of many of the comments about this news is appalling. In the absence of a trial or some other governmental hearing -- which will not happen -- who to believe will depend on press interviews or public statements of the individuals. There will not be any cross-examinations to help ferret out the truth. Ultimately, the decision on whether Mr. Fairfax keeps his position will be made by the advice of his closest associates and himself.
Dad W (Iowa City)
This woman does not want to file a lawsuit or file charges but she does want a summary judgment from the court of public opinion.
John Doe (Johnstown)
With all the doctors and lawyers involved in all these sordid Virginia affairs, a lot of education may not be the moral equivalence many would like to pretend it is when they speak from it.
Jake (Santa Barbara, CA)
In my view this is nothing but an all too thinly veiled coup de 'etat against the 3 top elected officials in the state-in favor of installing the Speaker of the Assembly as Governor, who is an arch reactionary Republican. And let us not forget what the "naive" intelligence chiefs of this country have warned us of: that we have onging Russian and other interference to facilitate this situation to obtain the result that favors reactionaryism, racism, and fascism. This could VERY well be pro-Russian forces saying "well, if Trump can't do this on his own, we will help him"-and this is an example of their help. What would be the result? Well-a Republican would preside over re-districting in 2020; would preside over the 2020 election (Virginia is a quite substantial electoral college state, which could very well be crucial in any margin of victory for a Republican candidate - LIKE TRUMP). This might also mean the rollback of the Medicaid monies that were freed up because of what Governor Northam did. The media should back off. The organizations should back off. This is also an example of the chaos that could ensue if this "identity group" thinking is allowed to run wild, as it seems to be doing.
Mark Thomason (Clawson, MI)
@Jake -- Using Russian interference as an excuse for THIS is not merely absurd, it is insulting.
ann (los angeles)
I agree with you. Too strange for mere coincidence. i’d like to see an investigative reporter hop on that right away.
Jack (CA)
@Jake The Russians used fake online accounts to get fictional or partially fictional stories spread through the internet to influence public views. In Virginia, you have two elected officials who have admitted to inappropriate conduct and their own party members have requested they resign. The third official is accused by two women of criminal sexual asualt. This is not a Russian scheme. This is an American created problem and Americans will disagree about whether the elected officials should resign.
Reasoned44 (28717)
Puzzled by the lack of support for Dr Tyson’s story by Leading Democrats. I remember statements that Dr Ford “has to be believed”. Sexual assault is very serious business and the fact that many victims remain silent is a tragedy.
Ryan Swanzey (Monmouth, ME)
Most comments include mention of one or both parties as if the priority should not be condemning sexual assault and making sure we don’t stand for a society where violating a person’s right to consent is normal and okay in any context. We’re missing the point if that’s not the point. How do we protect people from sexual predation? How do we make sure young adults know this is completely unacceptable for anyone to do to anyone? How do we make it safer for victims of violation to come forward and find closure?
Vivien Hessel (Sunny Cal)
I believe it happened. But if she was so offended that this thing went where she didn’t want it to go, why didn’t she say so. She has a PhD in polysci. She knows how things work.
Neil (Texas)
I don't know what to say - except this is all very sad. I am sad for this woman or now make it two women - and sad for this man - in that there is no escape hatch or a parachute when charges of this type are leveled. And I am sad for us Americans - that we are witnessing a country being torn apart by these types of salacious allegations when we could be talking about serious issues. I am not sure there is any turning back. What puzzles me is in case of Justice Kavanaugh - there was an immediate demand for FBI investigation. I understand he was up for confirmation. But this guy has been confirmed even better - by voters of Virginia. Why does he not demand an FBI investigation - and continue in office until it is completed. Finally, it is all very perplexing why women are waiting so long to make these allegations. In case of the Justice - it was some 40 years. Here - about a couple of decades. Surely, this man was visible before he became Lt Governor.
Ali (NY)
Well I don’t live in VA, but I’d never heard of Fairfax until the last week or so. That tells you just how well known he is in general.
Tom Barrett (Edmonton)
While I suspect that Mr. Fairfax likely committed the crimes he is accused of, demanding his resignation at this point is inappropriate. Assuming he does not resign, a full-scale investigation should be launched and completed so that people have the information they need in order to make a fair decision. I would note that the President of the United States was accused of sexual misconduct by more than a dozen named women, much of which mirrored the President's comments on the Access Hollywood tape, yet virtually no one is calling for his resignation. The country needs a full-scale investigation of Trump's admitted sexual misbehavior. Why should the President get off so easily while Fairfax's resignation is demanded immediately?
Alan Klein (New Jersey)
@Tom Barrett The voters knew of Trump's character before the election and voted him president regardless. Unfortunately for Mr. Fairfax, that isn't the same for him.
sanderling1 (Maryland)
@Tom Barrett, exactly why do you believe that Mr. Fairfax is likely guilty? To date we have allegations. We do not yet have an investigation into the allegations. If the state of Virginia has procedures for such investigation than they need to do so. Otherwise this is another instance of he said she said, and of allegedly reputable media organizations rushing to publish barely vetted clickbait.
OldBoatMan (Rochester, MN)
This will be an interesting test of the Democratic party. Are we truly a party that stands, unabashedly, against sexual assault and harassment? Or do we neglect our moral principles when it suits our own political interests. These allegations are credible, serious, and show no signs of being contrived. Lt. Gov. Fairfax must go. We are not a party that tolerates this behavior- not anymore.
Publius (San Diego)
Social media, from Trump on down, is killing one of our most cherished values - due process. Anyone can make an allegation, however credible. Trying the accused in the court of public opinion, with guilt rather than innocence presumed, does not serve the accused who deserves to be tried fairly, or the accuser who deserves to be heard fairly. At the rate we are going, we won't need the rule of law for dispute resolution. Whoever whips up the biggest support or frenzy on line wins. No thanks.
Amoret (North Dakota)
@Publius "...or the accuser who deserves to be heard fairly." The problem is that while the accuser deserves to be heard fairy she probably won't be. Due process is needed for criminal charges where the government will or won't be punishing the accused, but historically matters will never get that far in sexual assault cases. So then a woman (usually a woman) who decides to forgo the humiliation and futility of trying to report these criminal acts is never to be allowed to speak up about them again - even when she sees the perpetrator being hired (that's what elections and appointments are after all) for a job where legality and morality are job requirements?
fast/furious (Washington, DC)
Why women don't come forward to report sexual assault: They know they'll be unfairly blamed. They don't want the publicity or embarrassment or shame at their workplace, school, home, in their marriage. Or to deal with intrusive behavior by people who want to know about it or talk behind her back. Which happens. They know the legal standard of "proof" often can't be met. Few men (other than Donald Trump) commit sexual assault in public where they can be seen & (unlike Donald Trump) most men don't brag about it. Women fear dealing with the police because the police have a long long history of being dismissive, saying inappropriate things or signaling to women they aren't believed. Over 10,000 unexamined rape kits sit on shelves in this country because districts that should have analyzed them failed to do so. That's proof to women that even if they report their assaults to the police & agree to undergo forensic examinations to gather physical evidence, it may be an exercise in futility. People who say "she should have reported it if she wanted to be believed" have absolutely no clue what kind of punishment, abuse or dismissal happens to women who tell people close to them about sexual assault or who report their assault to the police. It's believed that up to 75% of the sexual assault in this country is unreported. I never reported being sexual assaulted, nor did any of my friends - more than a dozen. Nor did my mother. What we often do is tell friends.
Jen (Indianapolis)
It’s getting so tiring to continue to see people asking “if this really happened, why didn’t she report it?” Thank you for stepping up and answering this question one more time. I hope everyone reads this.
wobbly (Rochester, NY)
@fast/furious I understand completely the reasons why women do not immediately report or publicize sexual assault or rape. But waiting years to do so only makes it MORE likely that they will be disbelieved and disrespected, besides leaving the perpetrator free to victimize more unsuspecting women. If I were raising daughters, I'd be using these public controversies to teach them to take action at once against an attacker-delay only makes the negative consequences worse.
MyThreeCents (San Francisco)
I agree that Virginia voters should get the Democratic administration they voted for. On the other hand, Northam and Fairfax and Herring strike me as very bad dudes who have no business being political leaders. Maybe Cox is too (the next-in-line, and a Republican). I'd vet him carefully, and deep-six him if he's a sleaze-ball too. But if Cox is not a sleaze-ball, he's apparently entitled to become governor of Virginia, and it makes no difference whether Virginia voters knew this when they elected Northam and Fairfax and Herring. Frankly, I didn't know Alexander Haig would be in charge when Reagan got shot, but I accepted Haig's claim that he was even though I hadn't paid any attention to it at all (though I'll confess to an "Anybody but Reagan" viewpoint at the time)/
dba (nyc)
@MyThreeCents Why are Northam and Herring bad dudes? You don't think you've done something back in your past that may have been an egregious mistake? Their mistakes happened 35 years ago, and there is no evidence of racial malice in either men's behavior. Northam expanded Medicaid insurance for Virginians. Why is that bad?
Phyliss Dalmatian (Wichita, Kansas)
Perhaps it's time for Men to reconsider entering Politics. Seriously.
MyThreeCents (San Francisco)
That's a fair bet: "... it's unlikely [Mr. Fairfax] will win election to public office again."
Andrew (HK)
Two important areas of collective blindness, both with brittle binaries (racist or not, rapist or not). The challenge is that there needs to be an acknowledgement and rejection of our native selfishness, with safeguards put in place, but there also need to be real paths of repentance and forgiveness. Safeguards that mean that prejudice (favoritism) must be seen for its corrosive nature and be censured, and that sex outside of a committed loving relationship should be seen for the minefield that it is and be discouraged and denormalised. However, the next step is also important. Paths to forgiveness should be more available, yet harder to attain. Tolerance is not a virtue because it excuses instead of addresses underlying problems. Grace can only follow acknowledgment of guilt, where restitution is offered and a change of mind occurs. This is independent of (or parallel to) the fact that criminal prosecution will need to occur in some cases. Rooting out of hypocrisy on all sides requires that society takes on and addresses both sides of this problem - identification of the problem with real safeguards and real justice, and providing real paths back to appropriate roles in society. This is for both right and left to hear.
Donna (Charlottesville)
@Andrew Does not make it right, report it when it happens, This is a different day and age. Report it!
Emily (Larper)
I accuse him to, so make that three. I wonder if the press will realize that whether somebody is a good person is irrelevant to whether they are a good leader and that they are destroying the country. Oh well.
MyThreeCents (San Francisco)
Aren't you wimping out? "If the allegations are true, Fairfax must resign." I'd estimate that about 99.9999% of Americans agree with you. The question, though, inheres in the word "if." Fairfax denies that any of this ever happened; his accusers insist it did. One side is lying, and the other side is telling the truth. The question is what it's always been: Who's telling the truth?
Todd Fox (Earth)
Here's a third possibility. They all believe they're telling the truth. One of the women admits that she never said no. Her explanation for why she didn't refuse his advances is vague and unconvincing. She merely says she "couldn't." There was no weapon, no display of physical force, or emotional coercion. He locked the door but who wouldn't lock the door before having sex if it's likely someone would walk in otherwise? These alleged rapes took place in a time period when clear verbal consent was not the expectation. It was a rather bizarre time when no-strings-attached sexual hook ups were considered normal, especially on campus. It was also common for young women to perform unreciprocated oral sex on young men they had no expectation of having a relationship with. In this "culture" it doesn't seem at all far fetched that he thought he was enjoying a hook-up and she felt, somehow, coerced.
Diana (Centennial)
Now what? Had Ms. Tyson been listened to in the first place, Fairfax would not have been the choice to run for Lt. Governor. Now the Democrats are in a no win position. Democrats have called for Republicans to resign under similar or the same circumstances as Northam, Fairfax, and Herring. We cannot have it both ways - bad if Republicans do it - okay if Democrats do - that's how Republicans (for the most part) operate. This will be very bitter medicine to swallow, but if there is to be healing, then the medicine has to be taken, and I hope lessons learned. Every single person running for office in the future is going to have to be stringently vetted. At this point people in Virginia must be reeling (no pun intended) from all this. There is no confidence left to be found amongst the top elected Democratic officials. I don't know how this bodes for Democrats in Virginia going forward, I am thinking most will be eyed with more than a little skepticism. The Republicans go for the throat in order to win back power - that is a certainty. However, in this instance the truth was there if anyone had looked for past transgressions or listened when a woman spoke about being violated.
Mike A. (Fairfax, va)
@Diana "Every single person running for office in the future is going to have to be stringently vetted" You mean every single *Democrat* running for office right? Republicans never signed up for their little shame game and I doubt they plan to. Democrats have managed to evict their best hopes (they even made *Al Franken* resign) and have gotten nothing for it. I mean nothing.
Ann (California)
@Diana-Not disagreeing. But here's another possibility: what if these politicians met with the people who have been harmed? Hold truth and reconciliation hearings and then together agree on a list of amends--starting with a public apology like the one made by one of the politicians. If the behavior dictated loss of office and/or incarceration so be it -- but there good be other redemption actions such as fines, community service, education/outreach and other activities that might truly make a difference.
Diana (Centennial)
@Mike A. I understand what you are stating. However, once the information about Northam was made public by the Republican dirty trickster it could not be ignored. The same thing with Fairfax - once Ms. Tyson's accusation became public, it could not be ignored, nor can the second accusation. Once doubt is planted, it gives rise to a bitter harvest. The Republicans are masters at this. Often, the accusation is enough to destroy a career. Even if a person is cleared of any wrongdoing, that person is almost always viewed through the lens of doubt.
Ryan Swanzey (Monmouth, ME)
We could follow the NFL’s example and ignore it unless there is photo or video evidence, and claim moral high ground only if/when such evidence comes to light. Don’t think about how victims are harmed before or after evidence comes to light. Protect the brand. Right and wrong is secondary to brand these days.
Matthew (Nj)
So become republicans, is what you’re saying. Yield the high ground so they can laugh at us and ignore us when we complain about “trump” or Steve King, is that your plan? Because that is their plan too. They thank you in advance for your capitulation.
njglea (Seattle)
I don't disbelieve these women but do question the timing. Where were they when Mr. Fairfax was running for Lieutenant Governor? I read yesterday that Ms. Tyson's lawyer is the same person who represented Kavanaugh during the sham confirmation hearing. The "scandals" were released by the people behind a neo-conservative web site. This is about Governor Northam's position on abortion. This is about trying to get rid of democrats in power. Reporters need to do some deep digging - and sharing - before they continue to run this propaganda. Unless, of course, they are only after "ratings, readership and profit." If that is the case - Shame on you for allowing a few radical outliers to try to destroy OUR United States of America with their lying chaos spreading.
Paul Lukas (Brooklyn)
@njglea Let's say, just for the sake of argument, that the woman assaulted by the Lt. Governor should have spoken up sooner, just as you're suggesting. If that's the case, then you have successfully made an argument against her. But this is not about her — it's about the Lt. Governor. If he assaulted her, that's a crime, regardless of when she reported it and regardless of how imperfect she may be as a person. This isn't about her. It's about him. It's about the message, not the messenger.
Gregory Scott (LaLa Land)
It seems to the timing and the motivations of those who brought the matters to light are completely irrelevant. Either the allegations are true or they aren’t, and that (along with the resulting implications) is now what we need to address.
Trudy L (VA)
@njglea Dr. Tyson went to the Washington Post when Mr. Fairfax was running for Lt. Gov. In 2017. The paper did not publish her story. If it had, I doubt I would have voted for him. I did vote for him, but I don’t think he will or should remain in office.
Greg F. (Montclair, NJ)
I thinks its time for me to run for public office at the state level. Not a smear anywhere. I’m golden, right?
abtheaker (Sydney NSW)
Oh well ! Makes dressing up in a silly outfit a bit tame with being a RAPIST
dahdog (Richmond)
1. Brett Kavanaugh was accused and found innocent by multiple investigations and a committee vote. 2. Justin Fairfax is now serving in public office. He needs to step down immediately. Perhaps he can take a leave of absence. He can certainly bring suit against his accusers and defend himself - if he truly is innocent...
H (NYC)
Kavanaugh was never found innocent by multiple investigations. The only inquiry into the sexual assault accusations was a limited review that Trump and Senate Republicans controlled. It was never meant as a true investigation. It was a charade, not an open ended FBI investigation. Even Kavanaugh’s prior background checks for federal government jobs were not comprehensive investigations into his life. They were more akin to employment background checks, mostly delving into his professional background and any criminal history. And you realize that Senate judiciary committee votes are political decisions. They don’t exonerate people. So there never was any real investigation into Kavanaugh, which is exactly what you wanted. Fairfax should undergo the full investigation that Kavanaugh was able to dodge. That outcome should guide any decision to resign, impeach, or even indict.
KJ (Chicago)
While I personally find the accusations credible, I also believe that my and other NYT commentors’ opinion should have no bearing on this issue. The Lt Gov is a VA state elective office with no national authority or responsibility. Why the NYT and its readers feel they are in a position to express a loud voice in this debate is hard to understand. The ONLY legitimate calls for resignation or retention are those from the good people of Virginia.
Ryan Swanzey (Monmouth, ME)
There is national interest in the sense that we have a right to decide what is and is not acceptable as a societal norm. I rec’d your post in that it is ultimately up to the people of a jurisdiction as to what happens within that jurisdiction. The issue with leaving it at that is that actions and words have an impact on the safety and equality of people in other parts of the US. We can’t tolerate creating less safe conditions for human beings to exist in. Every time a city or state legitimizes victimizing and hurting someone, it’s a statement that it’s okay for someone else to do it somewhere else.
michaeltide (Bothell, WA)
Although they are happening at the same time, these issues do not belong in the same basket. Allegations of sexual assault are criminal behavior, and need to be treated differently than the discussion around the Governor's past history. Whatever your opinion on what should happen to the Governor, the allegations against Fairfax are in a whole different category. Treating them as equivalent trivializes one and magnifies the other. Please keep them separate.
mike (San Francisco)
This is better than an episode of The Apprentice..
Alex (Indiana)
Mr. Fairfax now faces two accusers. His accusers are credible, but at the same time both alleged episodes occurred years ago, and nothing has been proven in court, or even brought to court. It's understandable why his accusers did not come forward when the alleged events occurred. But the fact is they didn't. Due process and the rule of law matters. I don't see grounds for impeachment here. It's up to him whether or not to resign. The voters of Virginia and the nation will judge Mr. Fairfax, and it's unlikely he will win election to public office again. One note to the several presidential candidates who so quickly called for Governor Northam's resignation. Mr. Northam may or may not have been in a photo taken 35 years ago, for which there is no context. He has denied that he is in the photo. His record as governor of Virginia is exemplary. And yet you all wasted no time in publicly demanding his resignation. To be replaced by Mr. Fairfax. Think about it. Next time, think and think again before you self-righteously demand someone's resignation.
CTMD (CT)
@Alex You are talking about a legal process, but this is about a job,not jail, so the same standards do not have to apply.
Spook (Left Coast)
@CTMD Exactly. So both these guys should just ignore you and keep on keeping on. Let the voters decide if they get to keep their jobs or not.
Jim (Georgia)
@Alex “...it's unlikely he will be elected to public office again.” If he switches party, he will be golden.
Blair (Los Angeles)
Hustling Fairfax off the stage while Northam can appoint a successor is clever.
Danusha Goska (New Jersey)
Identity politics maintains a scorecard. Victims and crimes are weighted by ethnicity, gender, and the crime itself. A black man is credibly accused of rape. Sadly, too many on the left will be less upset about these allegations than they are about 35-year-old yearbook photos of a liberal Democrat who, in the years since the yearbook was published, has established himself as not being a racist. I've seen dramas like this play out in real life on college campuses. In one case a Muslim man falsely accused a woman of European descent. Everyone knew the man was not telling the truth. Everyone knew the woman was a decent person, a pillar of the community. And yet they did not publicly support her. The identity politics stakes were too high.
marian (Philadelphia)
Fairfax should resign and probably will in the end. Interesting though- when Dems get accused of any wrongdoing- they lose their careers. When Republicans get accused of wrongdoing- they get confirmed to the Supreme Court. Just ask Thomas and Kavanaugh.
Spook (Left Coast)
@marian All the more reason that the standard needs to be nobody resigns without a finding of responsibility in civil court or via "impeachment", or by criminal conviction. I've had enough of this nonsense - pure political undermining, and the sheeple are falling for it mightily.
Butter (Pecan)
I hope the national Democrats stop their hypocrisy and call for Fairfax to resign. I was highly disappointed in Warren and Booker for their cowardly comments. You cannot take the moral high ground with Republicans, while refusing to clean your own home.
Casey (California)
@Butter The article clearly states several Democrats have come forward and asked for his resignation.
RAB (CO)
The problem with this process is that the Tyson and Fairfax stories are not being looked at side by side, together, as a whole. We all know that this is the only way to understand conflicts that involve such opposing perspectives. In this case, the woman presents her story, without any interviews or legal process. There is no effort to understand her story in relation to his. Her story is promoted, and his is not reported. She is not questioned in an effort to find truth in these divergent perspectives. His story isn’t even reported on. This is a good way to inflict maximum damage without any due process or balanced journalism. Come on NYT...
sanderling1 (Maryland)
@RAB, I look forward to indepth investigations into every nook and cranny of both women's lives. Since they have seen fit to make these accusations, which, without police reports and physicial evidence preserved at the time, cannot be proved, then their lives are now fair game for examination.
From Where I Sit (Gotham)
So victim blaming is now an issue of balance?
CNNNNC (CT)
So now who will play Fairfax on SNL? This is getting sadly and frustratingly farcical.
Bill (Des Moines)
Pretty soon we will be told by Mr. Fairfax that this is a modern day lynching of an innocent black man by the right leaning NYT and Washington Post. I kind of feel bad for him since there is no way for him to defend himself. But then again, these are the rules that the Democrats have established.
Kevin Bitz (Reading Pa)
As long as we can have 3 GOP sexual assault people including a President and 2 Supreme Court justices, when they resign, he should think about it!
Robert (Out West)
I like seeing supporters of the greatest hysteric in the history of American politics lecture on calming down.
Bill (Des Moines)
@Kevin Bitz Calm down, the story is about Mr. Fairfax not Mr. Kavanaugh or Mr. Thomas. Of course we had to believe those women so how about these two?
Frances Drake (California)
Anyone else bothered by the hypocrisy of promoting the Republican Kavanaugh to the highest court in the land and calling for Democrats' removals? I vote for equal standards for everyone. We used to call it "justice."
Anne (Portland)
@Frances Drake: I'm white and I'm bothered. I believed Dr. Ford and I believe Prof. Tyson.
Bill (Des Moines)
@Frances Drake Well Mr. Fairfax has yet to get the complete Kavanaugh treatment where every Democratic woman lines up and calls him a liar and a sex offender. Something tells me that isn't going to happen in this case.
John Graybeard (NYC)
It's time to clean house. Fairfax should resign, and Northam should name a replacement; then Northam should resign and the new Lieutenant Governor take over; finally the new Governor should appoint a second new Lieutenant Governor (and a new attorney general if needed). All the appointees should publicly agree not to run for full terms in 2021.
Michael (Mpls)
@John Graybeard As I understand it, if Fairfax resigns his position simply stays open until the next election and one of the guys from the legislature takes over his duties (but not the office).
Dana Charbonneau (West Waren MA)
Just out of curiosity, who is - third - in line to succeed the Governor?
Woodson Dart (Connecticut)
A confederate statue sitting in a warehouse outside Richmond.
Susan (Oregon)
Third is the Attorney General, Herron, who also may have to resign. Fourth is the Republican leader of the State legislature, whose name escapes me. He got his post based on a coin toss to break a tie election. You can’t make this up.
Susan (Oregon)
No need for a warehouse. They are all on full display in Richmond on Monument Row.
srwdm (Boston)
Let me predict the outcome: Mr. Fairfax will resign, especially in view of the second assault allegation, but will still deny both allegations, saying he’s resigning so he’s “not a distraction”. [It’s the old “not a distraction” way out. Tested and time proven.]
Lefthalfbach (Philadelphia)
Welll, there you have it. Fairfax will not resign. Presumably he needs the money. So, it boils down to impeachment , which the GOP led VA House may not want to do. And where are all those folks who disdained Dr. Tyson now that a second victim has come forward. And it turns out that Tyson had told other people about the attack. man, Wapo don’t look too good right now.
Bill (Des Moines)
@Lefthalfbach The WaPo only cares about smearing Republicans, blasting Trump, and apparently sending x-rated snap shots to paramours.
Lefthalfbach (Philadelphia)
@Bill well, Kavanagh had it coming and I loaayhr Trump but it sure looks like Wapo buried this Fairfax story and that just ain’t right, as the saying goes.
CTMD (CT)
It is nice to know Ms Tyson’s prestigious resume, but in the end it should be irrelevant;even if she were a down and out person, we should be inclined to take her seriously, or we haven’t learned anything from #metoo.
Rose (Washington DC)
I would like to see how this plays out after Kavanaugh.... And sorry guys, Megan Kelly got fired cause she was terrible. The other stuff was an excuse.
mikeadam (boston)
I'm baffled.. how does one force someone to give or receive oral sex without violence. Did she go along because she was physically afraid of him ? Did he use violence to have his way? If so, why didn't she go to the police? Did she seek council afterwards from a mental health professional? There is a lot to explain here for me to understand this.
Lefthalfbach (Philadelphia)
@mikeadam well, Mike, she says that he grabbed her by the next and forced her head down to his crotch. After that, he forced his penis into her mouth while he had both hanfds around her neck. You really need anything else explained here, Mikey?
John Quinn (Virginia Beach)
Wasn't Justin E. Fairfax also on the Duke University men's lacrosse team? Then the allegations must be true.
John Quinn (Virginia Beach)
All three Democrats should remain in office in Virginia. It is a low and unconscionable move by the Republicans to have women accuse Democratic government officials of sex acts 14 years ago and then to review the officials' professional school and college yearbooks for insensitive and politically incorrect comments and photographs. The next thing that the Republicans may do is review high school yearbooks for statements that are questionable and try to find sexual assault victims from high school parties. However, the Republicans most probably are not that desperate, to ruin the careers and lives of these three good men.
Bill (Des Moines)
@John Quinn Ms. Tyson is a died in the wool liberal Democrat. Mr. Northam was outed by a classmate because he was outraged at the "Drs" idiotic comments on infanticide. Mr. Herring admitted the blackface himself. So exactly where are the Republicans on this one? The WaPo which spent millions on a super bowl ad apparently weren't too interest in pursuing this story to see if it was true.
John Quinn (Virginia Beach)
@Bill I was being facetious. Only the Democrats would deploy these reprehensible tactics; especially the review of high school yearbooks.
Yve Eden (NYC)
I cannot help but think of a supreme court justice, actually 2 of them, accused in ways perhaps not similar. But, perhaps not too dissimilar either. And yet they sit on the Supreme court. There is a certain sense of decency that our society is really struggling with it seems. A part of me is deeply concerned for the human civilization we have all built, it feels like it's headed out of control. Those with more than they need have slowly made it nearly impossible for those without enough. It all feels connected to me. So many people, often alpha males if I am honest (I am a man but no alpha male) simply are so full of fear and insecurity that they apparently have to take everything from the rest of us in order to feel ok. Who knows who is telling the truth here, but I generally believe women. Why make this up? If it is true that Fairfax must step down, then there are many public figures who likely should not be serving, starting with those 2 justices.
cheerful dramatist (NYC)
@Yve Eden Yep!
BBB (Australia)
What is it with American men who both pursue a career in American politics, yet fail to live by the strict Puritan Code that governs American politics. They should have made that calculation BEFORE they ran for office in the US. Look down, you’re not standing in France.
moosemaps (Vermont)
Fairfax should resign right now. Everyone must do what we can to kick him out of office. I believe the women. Nothing to gain and a whole lot to lose. Kick him out. Shame on him. Thank you for coming forward brave women. This is how we change the world, by coming forward, stepping up, truth to power.
Anna (NY)
@moosemaps: No, a thorough investigation should be done. Innocent until proven guilty, not the other way around. And the accuser was not dragged into a room against her will and she started kissing him voluntarily and even wetn to his bed with him voluntarily. The sex was not the way she wanted it, but does that constitute sexual assault?
AIM (Charlotte, NC)
No worries for Lt. Gov. Fairfax, Black Caucus of Va assembly will still support him.
Danusha Goska (New Jersey)
@AIM Sad but possibly true. Identity politics trumps real values.
me (AZ unfortunately)
For the people piling on, why was Dr. Christine Blasey Ford's testimony against Brett Kavanaugh not as credible? She notified her House rep and then her Senator. She relayed the attack to her therapist and her husband years earlier. What is the double-standard here-- that one alleged attacker is a privileged white male and the other is not?
Derek Muller (Carlsbad, CA)
@me She provided zero evidence. Date? No. Place? No? Witnesses? No. Zero. Not the same here - bud.
YHB318 (Charlotte, NC)
Easy. Party affiliation.
JP (NYC)
The flip side of the double standard could also be called out - I.e. the Democrats rushing to say they believed Dr. Ford have been awfully quiet on Dr. Tyson’s allegations against Fairfax. Also, Dr. Ford couldn’t recall whose house they were at when the alleged Kavanaugh attack took place or what summer it was while Dr. Tyson’s account has been much more detailed.
Angela R (Sacramento, CA)
Perhaps Virginia needs to start over and hold special elections for the top offices, Gov, Lt. Gov, Attorney General, Treasurer? Is it possible to find upstanding Virginian politicians who neither denigrate (d) other cultures or who can understand to meaning of "no"? Pretty sure it is possible and would send the obvious message, enough already stop doing that!!
BEK (New York, NY)
and Brett Kavanaugh remains seated on the Supreme Court.
JMACSr (Virginia)
Racist behavior 30 years ago was and is abhorrent but not criminal. Rape -- when corroborated by contemporaneous witnesses from 20 years ago -- was and is a criminal felony, if proven.
NNI (Peekskill)
There are women coming forward and perhaps more will come until Lt. Gov. Justin Fairfax will be forced to step down - without a hearing! Too bad. If he was a Republican he would be the Governor. Ask Brett Kavanaugh. After all, he got to be a Supreme Court Justice after women came forward accusing him of sexual asault.
Red Sox, '04, '07, '13, ‘18, (Boston)
Justin Fairfax is done as a politician. He may not be guilty of this second rape accusation but I can’t see him distancing himself from it. We Americans have been extremely lax in selecting especially men for high political office. The presidential record is replete with spousal infidelities from before FDR and JFK and LBJ—and especially the current president. But we must now begin to hold men to a strict, stringent accounting of their personal histories, particularly in the matters of sex. I am ready for howls of outrage—especially from men— who will claim that they’re being unfairly stigmatized for the crimes of others; so be it. How many women in public political life are hiding histories of aggressive sexual behavior? Lieutenant Governor Fairfax must do the only thing left open to him: he must depart now. I hope both accusers will follow through with their stories. They can’t let this go; unfortunately for us, neither can we.
Butterfield8 (nyc)
@Red Sox, '04, '07, '13, ‘18, I agree with your overall premise, but "spousal infidelities" is one thing...and a private matter between spouses. Rape is quite another...and a criminal matter.
Rolf (Grebbestad)
Sexual predators rarely strike just once. So this news is unsurprising. And more allegations are likely on the way.
Pedrito (Denver)
My, my, my...The only thing I know; if you support the accused politics you're going to say there should be forbearance and "due process" If you do not, you're going to demand a resignation.
Patty O (deltona)
I was waiting for another victim to come forward. Not looking good for Mr. Fairfax. Generally, multiple victims lend credence to each other's stories. Might not be fair, but it is what it is. Is it possible that these two women coordinated a smear campaign? Anything's possible, I imagine. But really, really, REALLY unlikely. So let's get this investigation rolling and get this nasty business out of the way. To the voters of Virginia. What's going on there is a real shame. A real mess. I'm not really sure how you're going to fix it, but y'all better think of something quick. Good luck.
ManhattanWilliam (New York, NY)
Smears! I am SO not on board with these "decade-plus" accusations being made about purported malfeasance. I don't care how difficult it is to come forward, it's outrageous that accusations made which cannot be corroborated are allowed to defame a person's character. IF someone behaves in a criminal way, it is the duty of EVER citizen to report the crime, not least because it prevents additional violence being committed against others. Nothing in life is easy and of course it's not easy to face someone who commits violence but we all have a duty to do so when it occurs and if we don't, it's unacceptable to expect the public to believe the claims if there is no concrete way to prove them. I feel this way about Justin Fairfax, I feel this way about the recent charges against Kevin Spacey, and I felt that way about Brett Kavanaugh, whom I hasten to add I loathed as a nominee for the Supreme Court. It disgusts me that, not more than a few days after the allegations against the Virginia Governor, these women have an epiphany and decide to level accusations against the Lt. Governor. I refuse to believe that anyone is guilty of ANY crime unless concrete evidence can be provided to PROVE it. Failing that, it is SLANDER that is being leveled against Justin Fairfax, and should be viewed by the public as such.
B (M)
You do know that these allegations could be true without concrete proof and therefore, not be slander.
Spook (Left Coast)
@B All the more reason for anyone accused like this to go after their accuser with both barrels until the issue is fully litigated. Or just roll over and admit it.
Joe Barnett (Sacramento)
To me this is a lot more serious than being stupid in an offensive picture, but why didn't these women come forward before the elections?
CTMD (CT)
@Joe Barnett Women, and we have learned also men, who have been victimized by sexual assault often are fearful about coming forward, the reasons have been well documented. We learned this in 1991 in the Anita Hill hearings when many women ( nearly all the women I know, including my now 92yo mother) admitted they had been assaulted and never told anyone for years, so they could identify with Ms Hill. We have re-learned it in the past 2 years with all of the revelations we refer to as #metoo. I hope you learned this by now, and I hope as a society we don’t have to learn the same lesson again in another 25 years.
sanderling1 (Maryland)
@Joe Barnett, because they hadn't fully worked out the details of their alleged assaults?
silver vibes (Virginia)
These women aren't making these accusations up. More importantly, why doesn't Justin Fairfax resign? He needs to get lost, quick, fast and in a hurry. The man is toast. It's a sure bet that other women are out there. If he's a serial sexual predator he should be in jail, not in the governor's mansion in Richmond.
Publius (NYC)
@silver vibes: How do you know they are not making them up? It's not like women never do that (Brawley, Duke, UVa. . .).
Randall (Portland, OR)
It's pretty crazy watching Republicans try to argue that women should be ignored when making sexual assault accusations, but also try to argue that Fairfax should step down.
desertCard (louisville)
Guess the left is as deplorable as the right. Congrats.
CTMD (CT)
@desertCard There are bad apples in all bins, but the difference between R and D here is light years, because the D’s are holding the bad apples accountable, whereas the R’s are enabling criminal behavior in a president and bad behavior in many of their group.
David (Minnesota)
@desertCard No, I think you are wrong. Republicans don't step down even when they are caught in the act. Rather they say "forgive me Jesus, I'm a sinner" and run for re-election. Al Franken's sin was to act like a junior high school boy, yet when his reckoning came he acted with grace he did the decent thing.
desertCard (louisville)
@David- Yep after not 1, not 2, not 3 but 4 accusations lol. So is there a limit?
farm (wife)
Merrick Garland Climate Because the times they are a changing
Bill (Des Moines)
Where are all the female Democratic senators who were screaming for Mr. Kavanaugh's head? I guess when you are a Democrat, and a black one that, you get a pass. They say it needs further study which means let's wait and maybe it will go away. The hypocrisy is astounding. And don't think that people aren't noticing it.
Anonymous (USA)
@Bill Kavanaugh was in the news for months. With Fairfax it hasn't even been a week, and the identity of his first accuser wasn't even known until yesterday, nor was it clear until then that she had wanted to issue a public statement at all. I do not believe for a moment that Fairfax will survive, nor that he will evade wide-spread pressure to resign from his political peers. Do you?
Kevin Meehan (DC)
Dems are being hoisted on their own petard. They have abandoned due process in their rush to be perceived as holier than thou. The governor is both a good man and effective governor. To turn on him and ignore his sterling work serving his country and then his patients without waiting for the relevant facts and allowing time for reflection is simply wrong. I hope the governor fights to keep his position. The attorney general has been exposed as the most contemptible hypocrite.
RamS (New York)
@Bill Where are all the Republicans screaming about due process?? At least a few commenters here consistent.
G G (Boston)
The allegations need to be taken seriously, especially since there are more than one. Having said that, due process must also be applied. If it is true that he committed these actions, he should be removed from office.
Greater Metropolitan Area (Just far enough from the big city)
@G G Or placed on the Supreme Court. Either one.
G G (Boston)
@Greater Metropolitan Area In case you missed it, Supreme Court Justice Kavenaugh was not charged and no proof was provided, in fact many of the claims against him were found to be falsely made. My point is that due process should work for all.
cheerful dramatist (NYC)
@Greater Metropolitan Area Yeah, supreme court, he would certainly be welcomed.
Milton Lewis (Hamilton Ontario)
The American justice system is being severely challenged by the political implications of a criminal charge. Dr Tyson was OK with Fairfax being lieutenant governor but the prospect of his being Governor was too much for her too bear. There is a serious crediblity problem when a complainant volonteers evidence of alleged criminal misconduct by the accused only when his political ambition is greater that the complainant thinks it should be.
GuthriesAxe (Washington DC)
@Milton Lewis She reported it before he was Lt Governor.
dark horse in low light (California)
Re-read the article. She said that shame was holding her back before but she pushed past it this time because the stakes got higher.
Anonymous (USA)
@Milton Lewis I think this is a simple error on your part. Dr. Tyson first contacted the Washington Post before Fairfax became Lt. Governor. Because of this, Fairfax himself has had legal counsel regarding the issue for over a year. Dr. Tyson has also made it clear that there will be no criminal charges. Seems relevant, no?
EJS (Granite City, Illinois)
It's amazing to me how often men in public life are accused of various kinds of sexual misconduct and how frequently one complaint seems to generate multiple complaints. Am I and my extended circle of family and friends the only males who don't pull this kind of stuff? I don't know anyone who has ever been accused of anything like this, but, apparently, it happens all the time.
dark horse in low light (California)
Talk to women you know!
Allison (Texas)
All right. Fairfax should resign, so that Northam can appoint a new lieutenant governor. Then Northam can resign, and the new Democratic governor can appoint a new Democratic lieutenant governor, and a new attorney general. That way, the voters of Virginia are not robbed of the Democratic administration they votes for.
Robert (Cleveland, Ohio)
@Allison I don't think it works that way in Va. I think they get down to the Republican state house guy. Ironic just deserts?
mike (San Francisco)
@Allison .. The voters are probably hoping for a Republican right about now..
Jack (CA)
@Allison Alternatively, people can revaluate whether an non-criminal act that occurred 35 years ago and has been followed by a lifetime of exemplary behavior and community service requires the resignation of the governor or the attorney general. As for the Lt. Governor, he is accused of two sexual criminal acts and he has to make a decision in immediate future about whether he should resign.
Deirdre (New Jersey)
Everyone deserves due process and this is just a huge mess. What does Ms Tyson want from the law, society and Mr Fairfax? What is justice in this case? It was a bad date, he was too aggressive, he misread or ignored her signals... what is the proper adjudication for an incident liked this 15 years later?
Nat (LA)
@Deirdre acknowledging and apologizing for his behavior would be a start.
BD (SD)
@Deirdre ... yes, quite so, apply the proceedings and procedures as were done in the Kavanugh hearing; presumption of innocence, due process as were urged by Democrats and major media outlets.
Blair (Los Angeles)
@Deirdre According to self-appointed moral crusaders like Kirsten Gillibrand? Complete destruction.
Susan (Marie)
A second accuser with a good deal of contemporaneous backup has come out this afternoon so the good Mr. Fairfax is toast. Maybe.
Tony (New York)
I believe Vanessa Tyson. Fairfax must resign. It does not matter if the sexual predator is black or white, Democrat or Republican.
99percent (downtown)
@Tony It matters if you're a democrat, and do not want the republican speaker of the house to become governor - in fact, it matters enough to waive principles for politics.
Rick (Williamsburg, VA)
@Tony without so much as a nod to Due Process.
Kathleen (NH)
@Tony Change your sentence to: "I believe Dr. Blasey-Ford. Kavanaugh must not be confirmed." Still OK with it? We have due process in this country, and the "beliefs" that matter are those of the judge and jury, not public opinion. In cases of sexual assault, guilty or not guilty is often difficult to prove. Unless the predator brags about it. Try this: "I heard the tape. Trump bragged about assaulting women. He must resign."
Jenise (Albany NY)
I am appalled at the people casting doubt on her story, which it took courage for her to come forward with. Did they not read the article we are all commenting on? Perhaps their bias is getting in the way, they may have really had their hopes up that this guy was going into slide into the governorship after Northam resigned, giving Virginia it's first black governor by default. And now his rapist past is going to dash all those hopes to the ground. Base political motives are behind these doubts about Dr. Tyson's story. #IbelieveVanessa
Helen (Bronx,NY)
@Jenise Douglas Wilder was the first African-American governor of the state of Virginia, serving from 1990-1994. Wilder was the first elected African-American governor in the US and the first African-American to serve as a governor since the Reconstruction period.
Jenise (Albany NY)
@Helen thanks, was not aware. And I think I remember hearing it back then, but it slipped from my memory. Thanks for the correction of VA history.
FLP (California)
@Jenise Virginia has had a black Governor since Reconstruction, Doug Wilder, who held the office from 1990-94.
Malcolm (NYC)
An accusation like Dr. Tyson's can probably never be proved, but it can be assessed as being credible. There are multiple details that support the credibility of Ms. Tyson's account. There is also the fact that she derives no perceptible benefit from coming forward -- to the contrary, this will probably negatively impact her. So pending further information then at the very least it seems proper to not elevate Mr. Fairfax any further. It is also worth remembering that what is being described is a serious crime... the actions of the two other politicians, while offensive, were not criminal.
michaeltide (Bothell, WA)
@Julia Sands, We have learned, to our chagrin, that women coming forward with allegations of sexual assault have been savaged by the legal system. They are treated as though they are at fault. Rarely are they allowed to escape from insinuations about their sexual history, and the vicious cross examinations they must endure would not be permitted in any other criminal proceeding. Far from being surprised that these incidents are not routinely reported. I am gratified that as many women do come forward. I can hear the opinions now: "She went with him, she kissed him. What did she expect?"
Sue (California)
@Julia Sands There wouldn't have been a case. There probably wouldn't have been an investigation. The police might--or might not--have talked to him, and then they would have dropped it for lack of evidence. She had to balance that knowledge against the damage to her reputation. The calculus changed when she saw he might become governor.
J B (Sarajevo, Bosnia and Herzegovina)
@Julia Sands, I know at least six women who have been raped. Guess how many filed police reports? I myself was physically assaulted by a boyfriend in college. I DID call the police. I showed them the blood and bruises. Their response? That there was really no point in pressing charges since it would be my word against his as there were no witnesses. They added that since he had no prior arrests, in the EXTREMELY unlikely event that he were convicted he wouldn't receive any actual jail time--and I would probably be required to make multiple trips to court, pay for an attorney, etc. The entire time the officers' demeanor was bored at best, and they made it clear that my assault was nothing more than a waste of their time. I didn't press charges either.
William Lazarus (Oakland)
We have a process for dumping elected leaders. It's called impeachment. Also, criminal acts (except, apparently, those involving our president), can be prosecuted. Political transgression can further be investigated by duly appointed special prosecutors and by Congress. In addition, there's always the next election. We would be wise to stick with established process. Otherwise, we'll tear our nation apart and make ourselves yet more vulnerable to illegal and pernicious foreign influence.
BD (SD)
@William Lazarus ... yes, quite so, 35 year old " blackface " paradies a criminal or an impeachment offense?
Bill (Des Moines)
Funny I haven't heard the same kind of thinking around Mr. Kavanaugh.
Jackson (Virginia)
@William Lazarus. You probably should read the state constitution before you make your pronouncements.
Bruce Rozenblit (Kansas City, MO)
This is so sad. What is wrong with people? What's with all the touchy feely stuff on a first encounter? Can't people just make friends first? Why is picking up, or scoring, or hooking up so dominant in our culture? Here is how this is going down. She is going to say that going into his private room does not give him the right to her body. And he is going to say that going into his private room is a green light to go all the way. That's the way this is going to play out. I thought this and she thought that. I blame our culture of pressuring men to score, score, score and pressuring women to be pursued, pursued, pursued. If you aren't getting it five times a day, there is something wrong with you. That is the pervasive message that courses through our culture. Sexual behavior is center stage in media now. Who is with who and how much. This should all be private. Sexual exploits should not be internet fodder. We even have Jeff Bezos embroiled in a skirmish over pictures of his private parts. Why would anyone take pictures of their private parts? Why do people want to post intimate photos and videos? It's all nuts! People should be more restrained. Power is not a license to grope another or have your way with them. Seeking closeness with celebrities is a ticket to nowhere. Don't use people and don't allow yourself to get used, because if you do, they will. Try making friends first before the touchy feely stuff. Control your space.
Kristen (Connecticut)
@Bruce Rozenblit Surely you understand that rape and sexual assault occur even when women attempt to "control their space." This is blatant victim-blaming.
michaeltide (Bothell, WA)
@Kristen, I don't think it's victim blaming. I think it's trying to take a look at some of the social attitudes behind these incidents, rather than discussing individuals, and that's something we all need to do. We hear about these assaults mainly when they occur among the privileged classes, but they go on among the whole society. No one seems to be immune. While we can treat individual cases with a mixture of legality and prurient interest, it can't hurt to take a look at what the underlying causes might be.
Sonia (Encino, CA)
What ever happened to "due process" and prove before jumping to simply accepting as wholly fact and true an accuser. the accusations indeed merit investigation - they merit that we obtain all facts first. As we describe the education and status of the women, so should be also balance that against the accused. I am certain many friends of Mr. Fairfax can similarly attest to his credibility. Hold judgment until due process is granted all.
ajtucker (PA)
the day of reckoning has come
EAH (New York)
I hope Democrats provide Mr. Fairfax with same fair and balanced investigation that they provided Justice Kavanaugh without any rush to judgement oh wait where are all the women of the Democratic Party screaming that the sky will fall without the immediate condemnation of Mr. Fairfax
JeffW (NC)
@EAH The article says that Kirsten Gillibrand and Kamala Harris have said that Fairfax should resign. Kirsten Gillibrand was a leader in insisting that Al Franken should resign when sexual misconduct charges were made against him. So what is your point?
Sonia (Encino, CA)
As a civil rights attorney dedicated to due process, I find the N.T.Times article slanted toward creating Ms. Tyson as more credible that Mr. Fairfax. This skewed vision ignores that apparently Mr. Fairfax also has a stellar background - no mention of that; he also has friends - none appear in this article. Ms. Tyson, like any woman comes forward with allegations, but she has no confirming evidence, and tellingly her statement that seems to emulate Dr. Blasey - fails to be convincing. Her statement confirms "consensual" sex - that she later felt emotional distraught and is traumatized till this day - is not the test for "assault." notably, she was a sophisticated graduate student, trying to become a leader, and knew what she was doing - she was silent. Belatedly, friends and media try to equate her coming forth in late 2017 as "coming out before," but she never made these allegations for over a decade. Give Mr. Fairfax equal footage; give us his credentials, his history, who he has been, interview his friends, and give a balanced story - instead of blindly deferring to the woman. Based on Ms. Tyson's own statement, she said nothing to him during the event, nothing after, nothing for decades later. Thus, I believe Mr. Fairfax's denial and that this was consensual sex - even if sadly, Ms. Tyson regretted it.
Anne (Portland)
@Sonia: "sophisticated graduate student, trying to become a leader, and knew what she was doing " You're suggesting she 'knew' he'd force oral sex on her? You're suggesting 'sophisticated' women don't get sexually assaulted? You're suggesting that because she wanted to be a leader she welcome forced oral sex? Wow.
Bobo Jones (Truth or Consequences)
"none appears" counselor . . .
Susan (Marie)
@Sonia Now do Meredith Watson.
Tallulah (New Orleans )
To those of you who think she's not credible because she didn't immediately tell anyone or file a police complaint, I ask you - how do you feel about Kobe Bryant and his accuser? Please don't answer unless you've read the 20+ page police report about that assault. That man took what he wanted, assumed it was being offered because the woman was willingly in the room with him, and had no inclination to listen to any words or sounds of struggle or distress that would clearly indicate a lack of consent. Short of a woman being lucky enough to grab a lamp and clout her assailant over the head in the thick of things, these men seemed to simply not care about consent, and to not notice. How convenient. Dr. Tyson describes herself and gagging and crying, that her consent was clearly not given, that there is no way that Mr. Fairfax could be confused about her lack of consent. Read her full statement and consider how she, like any intelligent person, would know that she would not be believed. Not then and not now.
Big Frank (Durham NC)
She says that the kissing was "not unwelcome." Why hide behind the double negative? Answer: In order to avoid saying directly: "I was in to it."
JA (<br/>)
@Big Frank, there are several light years between a welcome kiss and force oral sex- in case you are confused.
Michelle (PA)
@Big Frank There's a subtle difference. You don't always know a man is going to initiate a romantic, physical relationship. If you hadn't considered it, you might be surprised when it happens. Maybe he kisses you, and the sensation feels nice, but your brain is sifting through your experiences with this person. Do i want this? Is he trying to use me or is he indicating that he wants a relationship? Do i want to say yes to that? Should i just go with this or should i stop it now? If i stop now, will it mean I'm permanently closing this door? Will i lose my friend? Will i feel uncomfortable at work? Oh wait, what's this? He's pulling me toward him in a very aggressive way. This doesn't feel good. I'm going to pull away. He won't let me. This is forcible. I don't want this. Stop ... stop ...
ttwamp (virginia)
An investigation won't hurt. Put them both under oath, and then weigh their versions, asking at the same time what incentive each might have to lie. I think it's pretty clear that Dr. Tyson doesn't get much out of making up a story. As for Lt. Gov. Fairfax, well......
Jonathan Katz (St. Louis)
Unsubstantiated accusations of racism, unsubstantiated accusations of sexual assault. The truth is not determinable. If unsubstantiated accusations are accepted as dispositive then, even if those first accusations were true, they will be followed by fabricated false accusations.
Anne (Portland)
@Jonathan Katz: How are actual photos of blackface and KKK members, "Unsubstantiated accusations"?
David Fick (Pungoteague, VA)
@Anne because Ralph now denies he is in the picture, didn't know it was selected for his page.
Bill (Des Moines)
Unsubstantiated because they are Democrats. Come on now, that yearbook picture doesn't prove he's a racist but it shows bad taste. In our hypersensitive PC world where the use of the word niggardly got someone fired in DC Northam would be gone if wasn't a Democrat. Fairfax is still here because he's a black Democrat and the optics of tossing him with out the others wouldn't be good.
Jim (WI)
Not any calls from the democrats for Fairfax to resign. I haven’t heard and from the GOP too. Now if this was a Republican Governor in the same circumstance what would the Democrats be calling for? The democrats are all in the me too movement for politics only. And the civility seems to be on the republican side.
Dee (Florida)
@Jim I'm a democrat and I'm calling for him to resign. Scroll down a little. I'm hearing a lot of it. Impossible to miss, actually.
Anne (Portland)
People who ask why women don't come immediately forward do not understand how trauma works. First, when you're assaulted by someone you know and trust, it's very surreal. You literally struggle to make sense of what just happened. You also feel guilt and shame (why did I trust this person? How could they do this to me?) You also know that--short of bruises or blood--it's going to be your word against his. And if he's a powerful man with status, he's more likely to be believed. Few women want to put themselves in the limelight for these types of things. They know they'll be torn apart (like Dr. Blasy Ford was) and they have little to gain. Tysen and Ford are heroes in my mind. They came forward to protect other women knowing it'd be a rough road. And that their perpetrators likely won't face any real consequences. Right, Kavanaugh who loves his beer so much?
Charles Dodgson (in Absentia)
@Anne, Extremely well said. You've explained precisely why women who have been assaulted may not come forward. Thank you for speaking out.
Elisabeth (Netherlands)
@Anne I knew someone in university who was raped by a stranger in an alley. She did not tell me, her boyfriend told me what had happened. When I think of her now, I do not even remember what she studied, just "oh yeah, the girl that was raped". I can't imagine how horrible that must be. To know that everyone will always have that thought in their minds when they come across you even years later. That alone is enough to keep silent.
Dan Stackhouse (NYC)
I tend to believe Ms. Tyson for the important parts of this accusation. But I really wish she had gone public before Fairfax was elected, just as I really wish someone had vetted Northam. Northam's claim that oh, that's not him in the intensely racist photo on his two-page yearbook spread, but of course he did wear blackface in order to win a dance contest, this indicates he could have been easily outed as too racist to elect. What bothers me terribly about this whole thing is that both accusations, of Northam's racist behavior and Fairfax's sexual assault, came through the same source, a virulently conservative Alex Jones type outfit, "Big League Politics". What with all the usual political skullduggery and dirty dealing, just like the National Enquirer blackmailing Bezos, I have to wonder why all these accusations are being released now, when Trump is at his weakest. Who is fighting so hard to keep Trump empowered and change the news cycle?
Grandpa Bob (Queens)
I regard this as a much more serious allegation than dressing up in black face 30 years ago.
David L. (Williamsburg, VA)
@Grandpa Bob We should be careful not to engage in "oppression olympics"... I don't think any of us are in a position to judge which issue is worse: sexual assault vs. white supremacy/racism.
Ohana (Bellevue, WA)
@Chriva Yes, it's worse. Rape is second only to murder and sexually abusing a child in my book. And that's what this sexual assault was - rape. He forced his penis in her mouth. I was saying to my husband that if the allegation is true, other women will come forward, because it seems these men are always repeat offenders. It didn't take long.
Ralphie (Seattle)
@Ohana "He forced his penis in her mouth" she alleges. He denies it. I don't know how anyone can come to a conclusion as to who is lying and who is truthful at this point.
C. Richard (NY)
Regarding the blackface incidents ... I believe it's wrong to evaluate incidents in the past in the light of contemporary values rather than the customs of those times. In addition, acts which would not have been prosecuted in the past should not be able to destroy a person's career today, independent of that person's life between then and now. Where is the sense of proportion? Al Joslon and Eddie Cantor appeared in blackface routinely. Today no performer would do that. Times have changed - clearly for the better. But should two of the highest elected officials in VA have to leave office because of a decades-old goofy, most likely not malicious act?
Indisk (Fringe)
@C. Richard We don't need him sent to jail for wearing a blackface. But he does not deserve to be in public office after that revelation. That's what this fight is about. Fair and square.
Anne (Portland)
@C. Richard: This article is about sexual assault, not blackface.
C. Richard (NY)
@Indisk There's a quote in the Bible: "Let him [or her] who is without sin cast the first stone." Happy stone-throwing ... if you qualify.
Space needle (Seattle)
I have no reason to doubt Dr. Tyson, but I have no reason to believe her, either. We have a process in this country to determine guilt, and it's called the judicial system. While the story sounds credible, the process that is unfolding here is not how our society deals with allegations of criminal behavior. Dr. Tyson may have been assaulted, but for her own personal reasons decided not to report the alleged crime. I am well aware of the difficulty rape victims have in proving their case. But the judicial system - as flawed as that system may be - is the only way to determine guilt and innocence. Without a judicial system, we are left with the court of public opinion, innuendos, rumors, and conspiracy.
Anne (Portland)
@Space needle: We live in a country where forensic rape kits often sit unprocessed on shelves. Our legal system does NOT take sexual assault seriously. Women are blamed and shamed. Until women feel safe reporting, knowing that they'll be taken seriously, women will continue to tell their stories in other ways. If you don't like it, work to ensure our legal system is fair to all, regardless of wealth, status, race, and gender.
Indisk (Fringe)
@Space needle The problem with your argument is that you are seeing this from the lens of prosecution. Sure, may be Fairfax can't be prosecuted. We don't care. But he no longer represents the good people of Virginia, emphasis on good. Holding a public office should require you to be held to the highest ethical standard. If there is any doubt, step down.
Space needle (Seattle)
@Indisk - So because you “have doubt”, public officials must step down? Have you thought through where your suggested process may lead?
Leo (New Mexico)
I might be splitting hairs here but this alleged assault apparently began with her willing presence with him in a hotel room and some amount of consensual kissing. In this scenario I think there could disagreement about when/if the encounter became assault. I think it is understandable that he may have overestimated her willingness to take the encounter farther. To me this is not the same as an assault with no sexual interaction leading up to it. I don’t disbelieve that she feels she was assaulted and I am not saying she asked for it but I think there is a possibility that they each have their own version of what happened and neither is lying.
Anne (Portland)
@Leo: She said she started crying and gagging. Most men would realize it was time to stop at that point.
Marta (NYC)
@Leo Yes, you're splitting hairs. She did not consent. She did not consent. She did not consent. That is sexual assault.
Lynn in DC (um, DC)
@Anne Apologies to all for being TMI but all she had to do was take her mouth off him and pull away. Yes it can be done even if someone's hand is holding your head down, don't ask how I know.
Blair (Los Angeles)
I wouldn't wish sexual assault on anyone. I am also struggling to understand the parameters of the term. In recent history we've seen notable cases of serial drugged rape, serial predation of minors, exploitation of a workplace power imbalance, drunken teenage aggression, rude mugging for a camera without touching, and now an aggressive act between adults in the context of consensual kissing. I am losing the thread that places all of these men in the same category, on the same level.
Anne (Portland)
@Blair: Forcing oral sex is violent sexual assault.
Blair (Los Angeles)
@Anne The idea that it could be forced at all isn't obvious to me. Did he use threats of violence? The described scenario at least seems to allow for a description of "things got carried away." I can't be the only one who thinks the current debate has fallen prey to a kind of "splitting," which is psychologically and intellectually dishonest. Somewhere between gentleman and rapist we might need a category of rude and crude, but the current environment is one of just kill them and let God sort it out. But that still doesn't help me with the Cosby-Moore-Clinton-Kavanaugh-Franken-Fairfax conflation problem. How are these the same?
Jon (Cambridge, MA)
Seems to me that if there are numerous folks whom she told about the encounter, why not cross examine them? Getting to the bottom of this shouldn’t be too hard.
Jonathan Katz (St. Louis)
@Jon That would be hearsay evidence. There is a good reason why hearsay is excluded from our legal system.
Jon (Cambridge, MA)
@Jonathan Katz No, hearsay evidence would be if in order to prove the likelihood that something happened at the time (and isn’t a new fabrication), I asked a further removed witness, “What did Sally (who knows both Ms. Tyson and the witness) say that Ms. Tyson told her (Sally) happened?” Even if not part of the definition of hearsay, as a rule of thumb, you generally need one further level of removal from what I originally proposed (think the “buffer” in the congressional hearings in The Godfather II) to be considered hearsay, so please brush up on your legal concepts before levying accusations. Also, from a logical perspective this makes sense; what a witness testifying that Ms. Tyson confided in them at the time is in effect testifying toward is the credibility of Ms. Tyson herself, and whether her account has been consistent over time, even if it just now surfacing. I think your issue is more that that on its own does not meet the criminal burden of proof of “beyond reasonable doubt,” and I tend to agree with this. As an aside, the hypothetical scenario I described above actually would still be admissible in court if it was to the ends of justifying hauling Sally in for cross examination—just not for the purposes of fact finding about the event itself.
Charles Dodgson (in Absentia)
@Jonathan Katz, Actually, all hearsay is not excluded as evidence at trial. I've been an attorney for 40 years, and litigated for many of them. There are numerous exceptions to the rule excluding hearsay evidence, both in state and federal rules of evidence. Your sweeping conclusion is simply false.
Marty M (Dallas, TX)
I'm still waiting for the same support for Dr. Blassey-Ford, and the calls for Brett Kavanaugh to resign....*crickets*
Jenise (Albany NY)
@Marty M And she is 100 times more credible. She told the story to a lot of people, who corroborate it openly. She remembers where she was. Those doubting her are sick. She came out with this to let the people of VA know what kind of a person was all but ready to step in as governor, and this is the thanks she gets? Doubt? Their morals and motives are questionable.
TheUnsaid (The Internet)
@Marty M Among the many differences: Those accusing Fairfax have no evident/nor obvious political motive, and may actually have more to lose since they ally themselves with other Democrats, and may have jobs that intersect with Democratic causes. Christine Blasey Ford, Anita Hill have been elevated to folk hero status, and can/have gained from lucrative book deals. Prof. Ford has a large GoFundMe account, and was represented pro bono. Democratic women accusing prominent Democrats may face more risk, and financial uncertainties. (ie: Paula Jones)
Mark Singleton (Houston)
You obviously have not analyzed the stark differences between the allegations and the merits of the respective testimony.
stan (florida)
So now the republicans care about racism and sexual assault?
J. Faye Harding (Mt. Vernon, NY)
@stan Thank you and all of a sudden they care that it happened to a woman of color. I'm not buying their outrage.
Casey L. (Brooklyn, NY)
So now the Democrats don't?
Norville T. Johnson I (NY)
@Casey L. Touche ! It's somewhat sadly comical to see the unhinged left drop the pitchforks they had out for Kavanaugh and insist on due process. Of course they won't see it they and will deflect and twist their logic so they appear to maintain the moral high ground.
Mike Livingston (Cheltenham PA)
I have no idea what happened, but a think a highly detailed assault claim in the last decade or so is at least as convincing as a bad joke in a medical school yearbook. If this fellow replaces Northam it will be a real insult to the voters.
Bill (Des Moines)
@Mike Livingston Don't worry, Northam is going to stay. Fairfax as well. They are loyal soldiers of the Democratic party.
John Grillo (Edgewater, MD)
Let's not have a repeat of the revolting, scandalous, and profoundly unfair result in the Kavanaugh travesty.
srwdm (Boston)
With Virginia's legislative black caucus and some members of the Congressional Black Caucus calling for an investigation, as well as the Reverend Al Sharpton arriving in Virginia— Perhaps it is time to start looking at dynamics in the black community that too often results in black women having to endure profound sexism, harassment, and sexual assault. One of problems is the overwhelming grip of the patriarchal clergy in all aspects of black life and culture. It’s time to change things—and black women must be the ones to do it.
M. Farnsworth (Chicago)
Why on earth do you see this as a problem "arising from the black community"? This is a gender issue, not a race issue.
Elizabeth (Union City CA)
Yeah, because this simply doesn't happen in the white community, right?
BD (SD)
@M. Farnsworth ... perhaps also a culture issue?
Caroline (Brooklyn)
So, I recall the Washington Post saying that they knew about this story but couldn't corroborate. It appears that it wasn't that they couldn't, it's that they wouldn't. They sat on this story. Shame on them.
ConsDemo (Maryland)
@Caroline it appears most of these discussions occurred after the Post conducted its investigation.
J. Faye Harding (Mt. Vernon, NY)
@Caroline You are not being honest. They said they couldn't corroborate her story not that they wouldn't.
Elisabeth (Netherlands)
@Caroline If they had reported it earlier more women would have come forward too earlier. Like now.
Jake (New York)
This seems like a defining moment for Democrats—do they actually care about sexual assault? Or do they use it as a political tool to destroy Republicans? The fact that Bill Clinton is still revered suggests it is the latter. I hope it is the former.
TR (Mass)
Their defining moment came when Al Franken was forced to resign. When will the GOP have their defining moment?
srwdm (Boston)
The fact that Bill Clinton and his principal enabler, Hillary Rodham, were allowed to continue to run the Democratic Party Machine— Is truly a damning indictment. Think of what the difference might have been if they had been held to account and removed from Party Machine control.