Dear District,
Yesterday was a historic day at the Wilson building (DC’s “city hall”). Twelve of the Council’s thirteen members gathered for a meeting of the Ad Hoc Committee in the Matter of Councilmember Jack Evans, chaired by Councilmember Mary Cheh. (Cheh represents the wealthier, less dense neighborhoods West of Rock Creek Park in Ward 3.) The original intent of the meeting was for Councilmember Jack Evans to testify in response to the Council’s findings that he had repeatedly violated Council rules over the past 5 years by secretly pursuing the interests of his paying clients. A report commissioned by the Council explained in detail how Jack had worked as a high-paid lobbyist for clients with interests before the city (taking in close to $500K in the last five years) and then used the power of his office as a fixer for those clients.
Evans and his lawyers have spent weeks arguing that Jack was being denied due process and that once he could speak directly he would be able to clear up any misunderstandings and explain his behavior. With the opportunity to speak under oath fast approaching, Evans hand delivered a letter to his colleague CM Cheh last week explaining that he would no longer be testifying. Jack is currently still under multiple investigations, including by the U.S. Attorney’s office, and was likely very worried about having to testify under oath.
With Evans not testifying, it left two items on the agenda—approving the findings of the Council investigation and discussing the appropriate punishment. The findings of the report were quickly confirmed by the Council and discussion moved to punishment. There were three options on the table: reprimand, censure, and expulsion. Immediately, multiple Councilmembers—those who have shown the most leadership in this process—spoke in favor of expulsion.
Councilmember Silverman (who represents the whole city) made an impassioned plea to her colleagues. She laid out the case that not only had Jack Evans corrupted his own public office, but he had used the rest of the Council as tools in his corrupt scheme. As CM Silverman explained, everyone on the Council was guilty of unknowingly working on behalf of Jack’s clients. On issues of legislation, taxation, and even basics like fixing a sidewalk in front of a business, Jack had appealed to his colleagues on the merits—wielding his powerful Finance Committee chairmanship—all while secretly working at the behest of his paying clients.
Councilmember Allen (who represents Capitol Hill, SW, and Shaw in Ward 6) brought a perspective informed by his chairmanship of the Council’s Judiciary Committee, where he hears from District residents who have committed crimes and from those who have been harmed by crimes. CM Allen highlighted Jack’s pattern of intentional avoidance of taking responsibility for his wrongdoing and for the harm that it has caused. Allen noted that Jack has spent hundreds of thousands of dollars of his and taxpayer money “trying to get off scot free,” while still saying that those who commit crimes of poverty must be held accountable.
Councilmember Robert White (who represents the whole city) brought a more explicit racial justice lens to his statement. CM White reminded his Council colleagues that Jack’s main defense has not been to dispute the facts in the various ethics investigations against him, but to insist he didn’t break the rules willingly and therefore shouldn’t be punished. CM White called Jack’s refusal to openly participate in the process or even acknowledge his wrongdoing “an exercise in extreme privilege.” He then used Evans’s own words against him. In 2018, arguing that Metro police should continue to arrest and prosecute people who don’t pay their $2 Metro fair, Evans insisted that “if there is no punishment for breaking the rules, then no one will follow the rules.” While Jack wanted a different standard applied to himself, CM White made a compelling case that Jack’s standard for crimes of poverty was more apt in this case of public corruption.
By the time all those on the committee had had an opportunity to speak, 8 Councilmembers had expressed strong support for expulsion, 3 short of the 11 needed to kick their colleague off the Council. With sentiment in the room beginning to settle in, CM Cheh called for a vote on the only punishment discussed—expulsion. She called first on the Council’s Chairman, Phil Mendelson. Mendelson, who prefers to govern slowly and via official statements, initially fumbled for words, admitting that he didn’t think he would be asked to take a vote on expulsion that day. As he searched for his words, he eventually found the most important one—Yes. Yes, the committee should recommend that Jack be expelled from the Council. One by one, the committee went around the room, each member offering a brief statement or just a simple Yes. In the end, all 12 members of the committee voted Yes.
The results of the vote were stunning. Just a day prior, conventional wisdom inside the Wilson Building and out held that expelling a colleague was such an extreme action it would be impossible to get the required 11 votes. But any Councilmembers who were wavering at the start of the meeting quickly realized that it would be indefensible to cast a vote in favor of their scandal-plagued colleague in light of the arguments laid out during the meeting.
What will happen next? Like many votes in the Council (or in Congress), yesterday’s vote was not the final on the matter. The committee itself still needs to take one more vote to confirm their findings and then refer them to the full Council. It is entirely possible that Evans may resign before the full Council takes a final vote on his expulsion. Resignation may be an important bargaining chip in CM Evans’s negotiations with the U.S. Attorney’s office depending on the strength of the legal case against him, so that could force his timing in either direction. Assuming he doesn’t resign first, the full Council (which consists of the same 12 members who already cast a committee vote for expulsion, plus Jack Evans) must take a final vote in January to make their actions official. CM Cheh closed the hearing yesterday by saying “the handwriting is already on the wall.” Later, Chairman Mendelson, who has moved painfully slowly throughout this entire process, released a statement that concluded, “It is a sad day when legislators must vote to expel one of their colleagues... I expect that the full Council will receive the Ad Hoc Committee’s report on December 17th, will set a hearing for the first week in January, and will vote on expulsion two weeks later.”
What to do: Stay tuned just to make sure the Council does the right thing and makes a final, resounding vote for expulsion. More importantly, support progressive candidates who are funding their campaigns via small donors and public financing. Here are two ways to get involved this weekend:
Saturday 12/7, 11am at the front gates of Georgetown University (37th and O Streets NW). Details and RSVP here.
With Jack likely out of the picture, the race to fill the Ward 2 seat in the 2020 election is now wide open. I’m supporting Jordan Grossman because I believe he is the most progressive candidate, as evidenced by his public statements and his endorsement by the Jews United for Justice Campaign Fund and near-endorsement by DC for Democracy. RSVP for the canvass.
Sunday 12/8, 1pm at Library Tavern (5420 3rd St NW). Details and RSVP here.
Janeese Lewis George is running an extremely exciting and competitive race in Ward 4 to replace Mayor Bowser loyalist Brandon Todd. Janeese is a young, Black woman who grew up in Ward 4 and attended DCPS and Howard Law before working for the Attorney General’s office. She has been endorsed by Jews United for Justice Campaign Fund, DC for Democracy, Black Lives Matter DC, Working Families Party DC, and DC Democratic Socialists of America. All of those civics orgs are holding a rally and canvass for Janeese this Sunday at 1pm. RSVP for the rally and canvass.
If you’re planning to hit this streets this weekend, text me and I’ll see you there!
Thanks for reading! Let me know if you have story ideas, things you want explained, corrections, or other suggestions to improve Dear District. You can reply to this email directly or to djessrow@gmail.com. And of course please forward to your friends and coworkers so they can subscribe.
—Dan
Found Dear District on Twitter or forwarded from a friend? My name is Dan Essrow—I’m an independent designer, writer, and concerned citizen with experience in electoral politics and issue advocacy in the District.
Disclosure: I did paid design and digital consulting working for both Janeese and Jordan because I think they are both awesome candidates!
P.S. There is an amazing wealth of local DC reporting—longform and on Twitter. Dear District relies entirely on work from dedicated DC journalists and citizens like Keith Ivey, Erin Palmer, Cuneyt Dil, Fenit Nirappil, Martin Austermuhle, Rachel Kurzius, Tom Sherwood, Mitch Ryals, Perry Stein, and Jeffrey Anderson.
Here’s some links in case you want more local DC content in your life:
District Links (daily! local DC email)
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