In late July, U.S. District Court Judge Emmet Sullivan called for an investigation into the discovery abuses in the Pershing Park case. Sullivan suggested that the D.C. Council should get to the bottom of how evidence went missing or got botched.

Councilmember Mary Cheh called for AG Peter Nickles to resign. Councilmember Phil Mendelson, who heads the Judiciary Committee, stated that he "definitely" would be considering an investigation into the matter.

Now, a D.C. Council investigation appears unlikely.

Read More "Pershing Park Case: Council Hearings Unlikely" »

"The mayor had nothing to do with the contract."---Peter Nickles on Kojo concerning questions related to the parks contracts to Fenty's frat brothers. Then why is there a hearing going on? Maybe Nickles needs to read LL's latest column.

And this from Nickles: "I think Mary Cheh is great....Mary Cheh is a great councilmember."

Leave it to NBC-4 (or if you prefer WRC-TV), operators of the worst local news site, to slap a story with some real news value with a sexist headline. The station follows the Nickles-Cheh story with a piece headlined: "D.C. Catfight!"

First Nickles referred to Cheh as an angry woman. Now, a local news channel throws up another sexist cliche. Wendy Rieger needs to start a protest. Wait, is she still working there?

Read More "NBC-4 Takes On Nickles’ Sexism With Sexist Headline" »

I know the fight between AG Peter Nickles and Councilmember Mary Cheh is getting a lot of play on City Desk. LL noted it. And our Weekend in Reviewer picked it up as well. I think it needs a third look. WaPo wrote on Sunday:

“It’s almost becoming a lawless administration,” said council member Mary M. Cheh (D-Ward 3). “They seem to have no limits or restraint on what they are willing to do.”

Attorney General Peter Nickles, who often speaks on behalf of the administration, said Cheh “has no idea what she’s talking about.” “For her to make comments like that, it’s stupid,” he said. “She’s an angry woman.”

What struck me was Nickles' blatant sexism (which DCist picked up on). Nickles' comment that "she's an angry woman" feels like he's channeling Mad Men. It's made all the more ironic considering that Nickles had played the race and gender card over the very topic he and Cheh are fighting about: Ximena Hartsock.

Read More "Is Peter Nickles’ ‘Angry Woman’ Comment Sexist? Yes." »

The Issue: The city announced plans to construct sidewalks on the east side of University Terrace in Palisades as part of a reconstruction project, prompting immediate pushback from some residents who thought they'd make the neighborhood feel more "urban." Who knew four-foot-wide strips of pavement could be so controversial?

Read More "Neighborhood Watch: Loving/Hating Sidewalks in Palisades" »

Plaintiffs lawyers in the second Pershing Park case have filed their response to AG Peter Nickles' sworn statement submitted to U.S. District Court Judge Emmet Sullivan on August 12.

Nickles' statement in which he was ordered to explain numerous discovery problems including a missing police document and faulty radio dispatches has come under heavy fire from Councilmember Mary Cheh, Councilmember Phil Mendelson, and former Councilmember Kathy Patterson. Last week, plaintiffs lawyers in the other Pershing Park case submitted their own critical take on Nickles' testimony. They have called for an independent investigation into the missing evidence.

Now comes the plaintiffs lawyers in the Barham class-action case. They too believe Nickles fell well short of an honest explanation of the case's numerous OAG-related problems. In its 32-page rebuttal, they focus particularly on Nickles' claim that he is only now just learning about the missing and/or tampered police evidence.

In fact, they argue Nickles was quite familiar with the Pershing Park case since Jan. 2007. You can read the entirety of their statement [PDF].

Read More "Pershing Park Case: Nickles Could Have Addressed Missing Evidence Long Ago" »

Last week, former-Councilmember Kathy Patterson submitted a letter to U.S. District Court Judge Emmet Sullivan. The letter called into question several statements made by AG Peter Nickles in his sworn submission to Sullivan regarding the Pershing Park case. Councilmembers Phil Mendelson and Mary Cheh have their own critiques. But it was Patterson who sent her letter to the federal judge. The judge then issued an August 20 order releasing it to the various lawyers in the case---but not to the public.

Soon, the letter made its way to the press. Nickles does not approve of this leak. He may have a point. But it seems a little petty in light of the AG's promises of a full investigation into the case's numerous evidence problems. Also, Patterson corrects several errors that she believes were made in Nickles' sworn statement. Is this really the moment Nickles should go back to playing the bulldog lawyer?

Nickles suggests he wanted time to oppose the public release of Patterson's letter. In a filing yesterday, Nickles raises the issue with Sullivan:

"Since Ms. Patterson is not a party to this case, the purpose of the Court's August, Order was to make Ms.Patterson's correspondence available to all parties and also to inform the parties of the Court's inclination to post the correspondence on the public docket and to provide the parties with an opportunity to respond publicly. The Court's Order, however also provided that any objections to the posting of the Patterson Correspondence on the public docket be filed by no later than August 26 and that the Patterson Correspondence would not be made a matter of public record until the Court so ruled."

Read More "Pershing Park Case: Nickles Plans To Respond To Patterson’s Letter" »

On August 12, AG Peter Nickles submitted his sworn statement to U.S. District Court Judge Emmet Sullivan. By now, the statement has been read by several Pershing Park experts. Their verdict: Nickles' statement needs a re-write! Councilmember Phil Mendelson and Former Councilmember Kathy Patterson caught several possible errors.

Mendelson took issue with Nickles' claims that the D.C. Council had prevented him from instituting reforms at OAG and had cut OAG's budget. Patterson found fault with Nickles' assertion that his attorneys had been blocked from getting materials discovered in the council's Pershing Park investigation. Patterson says the majority of those materials were made available to the public along with her detailed  final report.

Today, City Desk reached Councilmember Mary Cheh. Cheh had helped lead the D.C. Council's investigation into the mass arrests at Pershing Park.

Her take on Nickles' statement: "This is an attempt to exonerate himself from any liability," she says. "From what I can tell, he has misled the court....This is just an erroneous, unreliable self-serving statement on his part."

Read More "Pershing Park Case: Cheh Joins Others In Slamming Nickles’ Statement" »

In our running poll of the D.C. Council's Judiciary Committee members regarding AG Peter Nickles' conduct, we finally reached Councilmember Yvette Alexander.

Nickles has come under fire recently for his office's conduct in a Pershing Park civil suit. District evidence has either been destroyed or lost and discovery continues to be a problem in that case. The discovery process has dragged on for years. The U.S. District Court judge in the case slammed the OAG, ordered Nickles to submit a sworn statement explaining his office's actions, and called on the D.C. Council to investigate the OAG's handling of the case. The issues before Nickles include one very false affidavit.

So far Councilmember Mary Cheh has called for Nickles to resign. Yesterday, Councilmember Phil Mendelson joined Cheh in pushing for Nickles to rejoin the private sector.  Councilmember Jack Evans still fully supports Nickles.

Alexander says she is reserving judgment on Nickles for the time being. She would like to see the council take up the matter. "I wouldn't have a problem with requesting an investigation," she tells City Desk. "You are innocent until proven guilty. I would want to know what happened with the evidence."

If there was purposeful or criminal mishandling of evidence, Alexander says, then Nickles should be ousted.

Read More "Councilmember Alexander Raises Concerns Over AG Nickles" »

Councilmember Jack Evans is sticking by controversial AG Peter Nickles. Last week, a U.S. District Court judge strongly condemned the OAG's conduct surrounding a Pershing Park civil suit in which discovery has taken at least five years, and crucial evidence has gone missing or been destroyed. Yesterday, we highlighted one particularly egregious screw-up involving a troubling affidavit submitted by city attorneys to the court. His colleagues on the Judiciary Committee---Phil Mendelson and Mary Cheh---have called for Nickles to resign.

Evans also thinks the U.S. District Court judge's strong recommendation that the D.C. Council should investigate the OAG is misplaced. "I would think that the more appropriate agency would be the inspector general," Evans tells City Desk. "Certainly, someone would have to determine if there was wrongdoing. That's not the city council's job that's the inspector general's job."

Evans is sure that Nickles did not commit any of the alleged wrongdoing. For one thing, Nickles was not in office during the bulk of the Pershing Park case's activity. That fishy affidavit? Well, that's come up under his watch.

Read More "Jack Evans Says He Still Supports Peter Nickles" »

Cleveland Park is starting to look like an old steel town. Last week, Starbucks and 7-Eleven closed, adding to a growing list of shuttered shops: a Blockbuster, a Magruder's, a Cold Stone Creamery, etc. WUSA's Bruce Johnson examined the corpse last week wondering why such an elite 'hood had fallen on hard times. Councilmember Mary Cheh characterized the decline as a problem.

Colbert King recently wrote a column on the racial paranoia bubbling up on Cleveland Park's listserv. He followed up our own blog post on the subject. Whether residents there are racist or not we can not say. Those stories only prove that people still live in Cleveland Park. There are always the holdouts.

Video and more, below the jump! Read More "VIDEO: Is Cleveland Park Dead?" »

On Wednesday, a federal judge weighed in on the Office of the Attorney General's conduct in a Pershing Park civil suit. Plaintiffs attorneys alleged that critical pieces of evidence had been destroyed, doctored and lost as a result of the AG's incompetence or worse.  Judge Emmet G. Sullivan's ruling was clear: he called the evidence problems "abuse" and wondered if residents could even trust the District government.

“It raises serious questions about when, if ever, can anyone trust their government," Sullivan stated.

Sullivan promised that the sanctions he would impose would be painful. He has ordered AG Peter Nickles to submit a sworn statement explaining how the evidence could have gotten lost and turned up severely doctored. The judge also called on the D.C. Council to get involved.

Today, Councilmember Mary Cheh tells City Desk that Nickles should resign.

“I think he should resign," Cheh says. "I don’t think he should have ever been appointed...You start messing with a federal judge in a case where you are hiding evidence or destroying evidence---that’s gone to a new level.”

Read More "Councilmember Cheh Calls For Nickles To Resign" »

As LL first broke yesterday, the D.C. Council is embroiled in a dispute with Mayor Adrian M. Fenty over control of Channel 13---the District's public access channel devoted to airing council proceedings.

The dispute is rooted in last Thursday's 'open deposition' of Peaceoholics co-founder Ronald Moten---an unorthodox proceeding, to be sure. As a deposition, Councilmembers Mary Cheh and Phil Mendelson requested that the television recording not be aired on Channel 13.

Long story short, the proceeding has been aired repeatedly since. That led the D.C. Council today to take up emergency legislation saying that it has exclusive control over the content of Channel 13.

In brief comments prior to the vote, both Cheh and Mendelson said that the executive branch had exerted influence on the Office of Cable Television, and its director, Eric Richardson. Mendelson, in fact, said that Richardson "was specifically directed by the highest member of the executive branch to run this tape and run it again."

Read More "D.C. Council Asserts Control Over Channel 13" »

The fishy fire truck testimony delivered last Thursday by Peaceoholics co-founder Ronald Moten before the D.C. Council was plenty dramatic, but the drama apparently did not end with the pound of the gavel.

Since then, a classic council-executive scuffle has broken out over broadcasts of the proceeding on city cable, with allegations flying that Mayor Adrian M. Fenty himself has become personally involved.

Because Thursday's proceeding was considered a "public deposition" rather than a council hearing (it was supposed to be behind closed doors until Moten demanded otherwise), the councilmembers heading up the fire truck investigation---Mary Cheh and Phil Mendelson---determined that its contents should not be disseminated. That's in keeping with the usual council practice on depositions, which are kept under wraps, so other witnesses won't change their testimony to make their stories consistent (Never mind that LL and other reporters already did plenty of disseminating.)

Read More "D.C. Council Riled Over TV Airing of Fire Truck Testimony" »

The D.C. Council saw one of the livelier proceedings in recent memory this morning, when Peaceoholics co-founder Ronald Moten appeared before councilmembers Mary Cheh and Phil Mendelson in connection with their investigation into the donation of used city emergency equipment to the Dominican Republic.

The proceeding wasn't hearing, exactly, but an open deposition. Moten had originally been scheduled to give his deposition behind closed doors on Friday, but he declined to testify, citing the council's political motivations. Council staff agreed to let him say his piece in public today, in what Mendelson called a "very unusual" proceeding.

Moten set the tone early, with a combative opening statement decrying a "political smear campaign" targeting his organization. He accused councilmembers and media of "attacking the mayor at my organization's expense" and engaging in a "political charade" that has affected his business and his family. "We hold the council directly responsible for creating an atmosphere where such stories could flourish," he said of media accounts questioning his organization's role in the shadowy transfer. The questions will remain, he says, until the "thirst for political blood is quenched."

Read More "Mayoral Official, Friend Implicated at Council Fire Truck Proceeding" »