Wilder, Bagby, and the Threat of a 2025 Ethics Probe

If Virginia Democrats aren't careful, history may repeat itself.

In the dog days of the summer of 1989, in the midst of a historic Virginia gubernatorial contest, an August 25 Washington Post headline declared: “TERRY CLEARS WILDER ON ONE ETHICS CHARGE.”

Don Baker’s corresponding article explained:

Virginia Attorney General Mary Sue Terry today cleared fellow Democrat L. Douglas Wilder of an accusation that he violated the state's conflict-of-interest law, and Wilder followed with a request that Terry investigate a second ethics charge leveled at him by Republicans. Wilder, the Democratic gubernatorial nominee, has been criticized by his opponent, former state attorney general J. Marshall Coleman, and other Republicans for failing to report some real estate and stock on state financial disclosure forms.

The next day, Daily Press readers awoke to the news that “Wilder seeks probe of own financial deals”:

Under fire by Republicans for failing to disclose ownership of property and stock on state conflict-of-interest forms, Democratic gubernatorial candidate L. Douglas Wilder asked the attorney general’s office to investigate his past financial dealings.

Wilder asked for the investigation “so that once and for all we can clear the air.”

Wilder made the request just as the attorney general’s office was clearing him for not reporting past ownership of a rundown Richmond house and as Republicans were a launching new attacks in response to a newspaper report that Wilder also failed to disclose ownership of Louisa County land and bank stock.

“These are political charges made by Republicans,” said Wilder spokeswoman Laura Dillard. “They are attempts to make stories out of non-stories. Doug Wilder has done nothing wrong.”

“By making his own request for an investigation, the lieutenant governor is putting the best face on it that he can,” said Wilder’s Republican opponent, J. Marshall Coleman. “It is regrettable that Mr. Wilder’s back had to be against the wall before he acknowledged any wrongdoing.”

The ethics issues lingered throughout the campaign. But regardless of the Republican attempts to elevate them to the level of scandal that could sink the Democratic ticket, Virginia’s Attorney General was a Democrat. A Democrat who publicly cleared Wilder of ethics charges twice during the campaign, a fact that sufficiently sidelined Republican attacks and helped Wilder make history.

Miyares, Walker, and Watson

Three decades later, ethics investigations still pack a potent political punch in Virginia. Look no farther than Charlotte County just last year.

As reported on June 10, 2024:

A Charlotte County grand jury issued criminal indictments Wednesday against longtime Charlotte County supervisor Gary Walker on eight new felony charges of perjury.

The indictments are tied to concerns about the accuracy of information Walker provided on his annual Statement of Economic Interests (SEI) forms filed between Jan. 1, 2016, and Jan. 11, 2023. Walker was previously indicted in January on three felony charges of perjury and two misdemeanor charges of failure to submit a yearly SEI form.

A Statement of Economic Interests is a state form on which state and local government officials publicly disclose their personal assets and income that may be materially affected by their official acts.

The initial charges in January were brought by the Virginia State Police Bureau of Criminal Investigation’s Appomattox Field Office following an investigation authorized by the Virginia Attorney General’s office.

Just nine months earlier, I settled a FOIA lawsuit in Richmond Circuit Court against the Virginia Department of Elections concerning (in part) these issues in Charlotte County, a settlement that resulted in reams of documents arriving at my doorstep for free. So I wasn’t surprised when, in September of 2024, I read that Gary Walker pled guilty.

From reporting at the time:

After being charged with felony and misdemeanor crimes for alleged perjury and disclosure violations, Gary Walker, chairman of the Charlotte County Board of Supervisors, pleaded guilty this week to five counts of failing to disclose personal interests in certain property in Charlotte County.

Under an agreement reached with prosecutors, Walker entered Alford pleas of guilt to the five misdemeanor charges and received a 60-month suspended jail sentence, 12 months on each charge. With Alford pleas, defendants do not directly admit guilt for crimes but acknowledge that prosecutors have sufficient evidence to obtain convictions.

Walker further agreed to immediately tender his resignation to the Charlotte County Board of Supervisors, although he was granted a period of six months before he must step down. The sentence was handed down Monday in Charlotte County Circuit Court.

Walker is further barred from holding public office for the five-year duration of his suspended jail sentence.

In the case of Gary Walker, nobody is alleging Attorney General Jason Miyares perpetrated a partisan attack, as Walker is certainly not a Democrat. Yet at the same time last summer, Miyares initiated an investigation into former Democratic Party of Virginia spokesman and current member of the Blacksburg Town Council, Liam Watson.

From Markus Schmidt in Cardinal News:

State police spokeswoman Corinne Geller said in a statement that the investigation into Watson was initiated in March at the direction of the Virginia attorney general’s office and that the Virginia State Police Bureau of Criminal Investigation was assisted by the U.S. Postal Inspection Service…

According to the indictment, Watson on Aug. 7 of last year “feloniously and willfully made a false material statement or entry in a statement, form or report” on a voter registration application.

Three weeks later, Watson allegedly made a “false material statement or entry” in a statement of organization, which each candidate running for public office is required to file with the Department of Elections. He is also accused of having done the same with a Declaration of Candidacy form on Nov. 16.

As Jahd Khalil reported at the time for VPM:

The town council race was a nonpartisan election. Watson was employed as the Democratic Party of Virginia spokesperson during his run for office. While working for DPVA, Watson was listed as the press contact for media releases to various news outlets, including VPM News. He resigned shortly after the final council race results were announced Nov. 16, 2023, which the News Messenger reported. The last DPVA press release with his contact listed is dated Nov. 20, 2023.

The indictment alleges that Watson made a false statement on three documents, which constitute election fraud: a voter registration application, a statement of organization for a candidate committee and a declaration of candidacy. It also alleges he voted illegally in the 2023 general election.

Watson is facing trial later this year.

Bagby

Last month, Democratic State Senator Lamont Bagby announced his candidacy for the Democratic Party of Virginia chair special election as a virtual shoo-in. As Brandon Jarvis reported:

Chairman of the Virginia Legislative Black Caucus, state Sen. Lamont Bagby, announced his candidacy for Chair of the Democratic Party of Virginia with the endorsements of prominent Democrats from across the commonwealth.

He has the backing of a long list of prominent Virginia Democrats.

United States Sens. Tim Kaine and Mark Warner, former Rep. Abigail Spanberger who is also the the likely Democratic gubernatorial nominee this year, House Speaker Don Scott, Senate Majority Leader Scott Surovell, Senate Pro Tempore Louise Lucas, Senate Democratic Caucus Chair Mamie Locke. Reps. Bobby Scott, Suhas Subranyam and many more Democrats are backing him to become the chair.

Bagby officially announces candidacy for DPVA chair

But as Charlotte Woods reported this week in the Virginia Mercury, both CD10 Democratic Committee Chairman Zach Pruckowski and I have entered the race against Bagby for DPVA Chair.

As part of my campaign, I’ve urged Bagby to address the rolling sober home industry scandal so thoroughly reported by Christa Motley in The Parham Papers. From Motley’s most recent article:

But now, with Bagby expected to slide effortlessly into the coveted chair position for the Democratic Party of Virginia – backed by a long list of high-profile public figures – I decided to make the information I’ve discovered more easily accessible for those who don’t follow recovery housing.

This special installment highlights Bagby’s political allyship and financial relationship to VARR leaders, his support of VARR’s efforts to secure legislatively directed funding, and subsequent payments VARR made to his brother’s business.

Just yesterday, Motley reported on X that she recently emailed Bagby to ask for an explanation concerning a potential omission on his 2023 and 2024 Statements of Economic Interest he’s required to file as a member of the General Assembly. These are the forms that Wilder had to deal with in 1989 - and that Gary Walker had to confront last year.

Incredibly, Motley reported that Bagby has retained counsel and that his lawyer told her: “The omission that you shared has been addressed and was a result of an oversight.”

The Virginia Conflict of Interest and Ethics Advisory Council hosts a searchable public database in which you can find these Statements of Economic Interest. In line with the comments from Bagby’s lawyer to Motley, Bagby does seem to have amended his 2023 and 2024 SOEI forms two days ago to add his wife’s business holdings.

From the 2024 amended form (the 2023 amendment is identical):

Keep in mind, these amendments only concern Motley’s questions about Bagby’s wife’s business interests. They don’t address other potential disclosure concerns required on the SOEI, including disclosure of debts, government contracts, financial connections to lobbyists, and the perennial Virginia political question of residency.

As the 1989 Wilder situation demonstrates, errors or omissions on these forms can rise to the level of statewide scandal - especially if one political party is desperate for a campaign issue.

Unlike Wilder in 1989, Bagby hasn’t called on any authorities to investigate him. But that’s, in a way, understandable - since the Virginia Attorney General, U.S. Attorney General, and Director of the FBI are all Republicans loyal to President Trump.

And this is the point: in a critical election year in Virginia, when conventional wisdom suggests Republicans will lose statewide, why wouldn’t Democrats expect GOP-led investigations into Democratic leaders?

You’d expect Democratic candidates to be extra careful with their paperwork - given the history and Miyares’ apparent willingness to move on these issues.

And you’d expect Democratic leaders to take seriously the threat of an ethics probe this cycle. A probe that could define Virginia Democrats as shady, lawless, or corrupt - from Abigail Spanberger all the way down the ballot.