Virginia AG's Office Defends LG Earle-Sears in Ethics/FOIA Lawsuit over Undisclosed Israel Trip
The Office of the Attorney General of Virginia is representing Lieutenant Governor Winsome Earle-Sears in litigation involving alleged FOIA and ethics violations.
When I started asking questions about Virginia Lieutenant Governor Winsome Earle-Sears’ (R) undisclosed 2024 trip to Israel, I never thought it would lead to an ethics lawsuit.
But, after Earle-Sears amended her ethics filings in apparent response to my reporting and revealed seven previously undisclosed events/trips, and after she then refused to respond to my FOIA request within five working days, I saw two options. Either shrug off non-compliance, as most in the press and political class would, or go to court.
I chose court.
As Brandon Jarvis reported, I filed my lawsuit on May 30, 2025 in Richmond Circuit Court against Earle-Sears. Here’s the receipt:
The lawsuit was successfully served last Thursday.
The case is set to be heard by Richmond Circuit Court Judge Bradley B. Cavedo, but I’ve learned from experience that the judge could change. When I, alongside the Richmond Times-Dispatch and WTVR reporter Tyler Layne, successfully sued the Richmond School Board under Virginia FOIA in 2023, then Richmond Circuit Court Chief Judge W. Reilly Marchant exercised his apparent authority under Va. Code § 17.1-501 to assign the case to himself. Richmond Circuit Court Judge Margaret P. Spencer originally presided over the case, including over our first status hearing.
And in my ongoing FOIA case against Portsmouth Commonwealth’s Attorney Stephanie Morales, the judge assigned to the case recused himself after entering an important order, and now Retired Judge Randall Smith is presiding over the case.
AG Miyares’ Office Represents LG Earle-Sears
Last week, Assistant Attorney General R. Cooper Vaughan informed me that he’ll be representing Earle-Sears in my case. Those of you who follow FOIA litigation closely in Virginia might remember Mr. Vaughan, as he successfully argued against Jay Jones and others (representing the Virginia State Conference NAACP) that certain voting rights restoration records were Governor Glenn Youngkin’s (R) “working papers” and thus exempt from disclosure.
Now that it’s clear Attorney General Jason Miyares' Office is representing Earle-Sears, I’m trying to find out if the AG’s Office has investigated this matter yet independently of my lawsuit. Remember, Va. Code § 2.2-3126(A)(1) states in part that the AG:
…shall investigate matters that come to his attention reflecting possible violations of the provisions of this chapter by officers and employees serving at the state level of government;
And Va. Code § 2.2-3126(A)(2) makes clear that:
If he determines that there is a reasonable basis to conclude that any officer or employee serving at the state level of government has knowingly violated any provision of this chapter, he shall designate an attorney for the Commonwealth who shall have complete and independent discretion in the prosecution of such officer or employee…
If the AG’s Office hasn’t investigated this situation yet as the law requires, there seems to be a conflict of interest with that Office representing Earle-Sears in my case, a concern I relayed to Mr. Vaughan yesterday.
When I find out whether or not an investigation has taken place, I’ll report back.
You can download my (unsigned, sans affidavit) Petition for Declaratory Relief and its three exhibits here:
And you can view a copy from the clerk’s office obtained by Courthouse News and reported via Brandon Jarvis here:
WRT the Lieutenant Governor's stated deep Christian beliefs, did she really need to take multiple trips to Israel to understand antisemitism? The Lieutenant Governor works for us, the citizens of Virginia and has an obligation to fully disclose any and all activities, outside of non-political functions involving friends and family. Her undisclosed foreign trips seem suspiciously close to boondoggles.
Great work Josh. Keep it up.!