by James C. Sherlock
Loudoun County Commonwealth’s Attorney Buta Biberaj (D) has used the Freedom of Information Act (FOIA), the tool that opens up government to citizens, in an attempt to destroy political opponents and intimidate the press.
Ms. Biberaj has admitted to investigating her political rivals using FOIA requests to view correspondences between county officials and local reporters.
George Soros-funded Ms. Biberaj, with subpoena power through her grand juries, has not even alleged a crime.
The requests have come not from her re-election campaign, but her government office.
She was looking for “leaks.” From Democrats. To reporters. For which she is properly under attack. By Democrats. And reporters.
Ms. Biberaj is beyond question guilty of an ethical breach.
But by doing what she admits to having done she may have committed a Class 4 felony.
The FOIAs reportedly targeted Nicole Wittman and Elizabeth Lancaster, both political rivals of Biberaj. Wittman ran against her in 2019.
Ms. Lancaster is Biberaj’s current opponent in the Democratic primary.
You may remember Ms. Lancaster as the attorney for the sexual assault victims at two Loudoun County high schools. And for Scott Smith, the father of one of the victims.
You may remember that Ms. Biberaj prosecuted Mr. Smith personally. For a misdemeanor. For Ms. Biberaj the offense was more than what Virginia statutes outlaw.
For her it was a political crime.
Another Democrat, Loudoun County Supervisor Kristen Umstattd, last month called on Biberaj to return the FOIA expenditures.
In a letter to Ms. Biberaj, Ms. Umstattd wrote:
the requests, at least, appear to be personal or political, and are not clearly related to your official duties as Commonwealth’s Attorney.
I would request that you reimburse, from non-governmental funds, the County and Commonwealth for any County or State resources, including staff time, that you used in preparing and transmitting those personal/political requests from your government office.
Leesburg’s Ms. Umstattd told a reporter from TV station WJLA that one of the FOIA requests sought communication between the Loudoun County Board of Supervisors and local reporters.
She [Biberaj] was going after you, after Lindsay Watts, a reporter with Loudoun Now and a reporter who covers schools for the Loudoun Times Mirror.
So, I don’t know what her thinking was in going after a school’s reporter in this particular FOIA request. Lindsay Watts had been a thorn in her side, you have been a thorn in her side. The other reporter for Loudoun Now, I’m not so sure about, but she seems to be looking for any communications between members of the board [of Supervisors] and that group of reporters.
In February, this from Ms. Biberaj
“FOX 5 has learned Biberaj wants the Board of Supervisors to provide her with details about any communication they’ve had regarding the Commonwealth’s Attorney’s Office with her current and former political opponents as well as journalists who have done hard-hitting reports about her.”
“If you look at those FOIA requests, it’s FOIA for the truth,” Biberaj said. “There have been leaks from the Board of Supervisors for the last three years, and they’ve also made the determinations that they have facts they’ve never shared, data that they’ve never shared. Now I think the people of Loudoun County think they need to understand what is the information they’re relying on.”
Last week, Biberaj filed four different requests for information. She wants to see all documents between June 2019 to present day where the Loudoun County Board of Supervisors had conversations about her office with reporters as well as past and current political opponents.
In March more from Ms. Biberaj:
“The FOIA requests for Nicole Wittmann’s communication with the Board and Elizabeth Lancaster’s communication with the Board, do you consider that county business or political?” Minock asked Biberaj.
“It’s all related to the running of the office,” Biberaj responded. “My understanding is that those conversations were discussing things that were areas that needed to be improved in our office. That’s always doing the county’s business.”
Bottom line.
She was looking for “leaks.”
Ms. Biberaj never mentioned what if any law if any she thought may have been broken.
If she had one in mind, her grand jury could have gone after the records.
Code of Virginia § 18.2-112.1. Misuse of public assets; penalty,
B. Any full-time officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.
Ms. Biberaj has denied that she has violated § 18.2-112.1.
She has neglected so far to mention what purpose related to her office or “any other legitimate government interest” may have been involved in the FOIA request.
The government using FOIA against government is at least unintended by the authors of the act.
Moreover, the Virginia FOIA act states as policy:
This chapter shall not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the Commonwealth.
Yet Ms. Biberaj says she was looking for “leaks.”
Now Loudoun citizens are left to wonder what government agency will investigate potential felony misuse of public assets by Ms. Buberaj and members of her office.
And, if the evidence points to violations, who will prosecute .
Updated April 6 to quote Ms. Biberaj more extensively.
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