Norfolk commonwealth's attorney race one of most expensive, divisive in city's history
NORFOLK — The race to be the city's next top prosecutor has been a divisive and expensive one, with both candidates on the attack and raising record amounts of money.
And with just two Democrats vying for the position, voters won't have to wait until November to find out who gets the job. The race will be over next week, when the June 17 Democratic Primary is held.
Competing for the seat are incumbent Rahim Fatehi, a longtime Norfolk prosecutor and former public defender who's seeking a second term, and John Butler, a former federal prosecutor and Navy judge advocate general running for elected office for the first time.
Butler announced his candidacy in February, a few weeks after stepping down from his role as the managing assistant U.S. attorney in Norfolk. He has the support of several of Norfolk's top Democratic leaders, including Mayor Kenny Alexander, Sheriff Joe Baron, Treasurer Daun Hester, Commissioner of the Revenue Blythe Scott, and City Council Members Courtney Doyle and Tomy Smigiel. He's also been endorsed by the Norfolk chapter of the Fraternal Order of Police and the Norfolk Professional Fire Fighters group.
Among those supporting Fatehi are U.S. Rep. Bobby Scott, Virginia House Speaker Don Scott, former state Attorney General Mark Herring, Norfolk City Councilman Rodney Jordan, and former councilmen Andy Protygou and Paul Riddick.
Both candidates have raked in significant amounts in donations. As of the latest campaign finance filing deadline on Monday, Butler reported $742,000 in contributions, while Fatehi reported receiving around $870,000 in cash and in-kind contributions since he took office in 2022, with most all of it being gathered this year. Both are record amounts for a Norfolk commonwealth's attorney race.
Butler's top contributors are some of the city's most powerful lawyers and business leaders, including attorneys Chuck McPhillips, Vincent Mastracco Jr., former Mayor Paul Fraim, Rusty Friddell, and Thomas G. Johnson Jr., as well as retired Norfolk Southern CEO David Goode, S.L. Nusbaum Realty Company CEO Miles Leon, and Landmark Communications founder Jane Batten and her son, Frank Batten Jr., chairman of Landmark Media Enterprises, the former owner of The Virginian-Pilot. Each have contributed anywhere from $12,000 to $20,000. Marathon Development Group, the real estate development company behind several downtown apartment complexes and run by developer Buddy Gadams, and Frank Batten Jr. are Butler's biggest donor, with each pitching in $20,000.
Fatehi's top source of campaign income has been from three liberal super PACs largely funded by billionaire George Soros. Justice & Public Safety, Democracy PAC and New Virginia Majority have donated a combined total of around $400,000. Another significant source for Fatehi has been $320,000 in loans from himself and his brother. Fatehi said he obtained the money through a home equity line of credit and has since paid his brother back.
And while Fatehi and Butler both say they're lifelong Democrats, Fatehi has repeatedly claimed in campaign mailers and speeches that Butler has 'MAGA allies' and is being funded by 'MAGA donors,' a reference to the Make America Great Again campaign slogan popularized by President Donald Trump. Some of the mailers have included a photoshopped picture, with Butler's head placed on someone else's body and the shadow of an elephant looming behind him.
'Don't Let Republicans Take Over the Norfolk Commonwealth's Attorney Office,' reads one of the mailers sent to Norfolk residents. 'Stop John Butler. Stop the GOP takeover.'
Fatehi also pointed to a recent email sent by the Norfolk Republican Party, which urged its members to vote for Butler in the Democratic primary.
John Sitka, chair of the Norfolk Republican Party, said the group sought approval from the state GOP party before sending it. The email says the local party is supporting Butler because it believes the city is less safe with Fatehi in the job. And without any Republicans or Independents in the race, the Democratic primary is the only chance voters have to weigh in, Sitka said.
'We all live in Norfolk and as citizens of Norfolk we care about the community, and not what party you're from,' he said. 'If you're a citizen of this city and you have strong feelings, you vote how your conscience tells you to.'
Butler said he didn't coordinate with the local GOP party on the email, and didn't seek its support.
'Anyone in Norfolk is welcome to vote for me but they should do so knowing I will always stand up for Democratic values and that I am endorsed by Norfolk Democratic leaders,' he said.
The former federal prosecutor called Fatehi's attempts to mark him as a MAGA candidate disgraceful and disgusting.
'He's trying to mislead voters about my record because he can't defend his own,' Butler said. 'Why would all these Norfolk Democrats be supporting me if that was true.'
Butler said he was recruited to run by city leaders unhappy with the job Fatehi has been doing. He pointed to multiple news articles about 'missteps' Fatehi and his office have made since he took over, including plea deals rejected by judges for being too lenient, and murder cases ending in acquittals or a dismissal of charges. He also suggested that the 'mass exodus' of prosecutors who resigned from the office after Fatehi took over is another example of his poor leadership.
'I've had so many victims come up to me and say they felt they didn't get justice,' Butler said. 'This position requires leadership and competence and he has failed Norfolk.'
Fatehi said he stood by his record and the work of his staff. Violent crime in the city is down 40%, property crime down 27%, and the jail's population has been cut in half, he said.
Fatehi believes that because Butler hasn't prosecuted cases in state court, he's not qualified for the job.
'Federal prosecutors cherry pick the cases that they want to handle,' he said. 'We handle the cases that are tough, with reluctant witnesses, and evidence that is not as strong.'
Jane Harper, jane.harper@pilotonline.com
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