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Attorney Robert S. Bennett has tendered his supplemental report to the D.C. Council. It addresses Ward 8 Councilmember Marion Barry‘s response to Bennett’s original report, released two weeks ago, which found that Barry had engaged in unethical and possibly illegal behavior.
Here’s what Bennett has to say about Barry’s explanation:
In his Submission, Council Member Barry expresses regret that he did not use better judgment with regard to the matters discussed in the Report, and also states that he regrets the embarrassment he brought upon the Council. Beyond that, the Submission sets forth technical arguments that Mr. Barry’s conduct did not violate certain statutes and regulations and suggests his conduct should be excused because it was not “willful.” Mr. Barry does not, however, challenge the key factual findings of the Report, and he effectively concedes that his conduct brought disrepute upon the Council. Special Counsel found nothing in the Submission that alters the conclusion that Mr. Barry’s conduct not only created an appearance of impropriety, but was in fact improper. [emphasis LL’s]
D.C. Council Chairman Vincent C. Gray has scheduled an additional legislative session for tomorrow, to be held immediately after the regular legislative meeting. There, council sources indicate, Gray is prepared to move legislation that would (a) censure Barry in strong terms, (b) remove Barry as chair of the Committee on Housing and Workforce Development, and (c) refer Bennett’s findings to the U.S. attorney for possible criminal prosecution—-measures all recommended by Bennett. Gray is also prepared to remove Barry from his seat on the Committee on Finance and Revenue. A unanimous vote of Barry’s colleagues is expected.