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Why a Judge Removed a Woke Virginia DA From Another Case

AP Photo/Brennan Linsley

Loudoun County Commonwealth’s Attorney Buta Biberaj got booted from another case in Virginia. If that name doesn’t sound familiar—it’s because she’s the woke district attorney who reportedly doesn’t like jailing anyone, including domestic abusers. Her staffers don’t like Trump, white people, or conservatives. These revelations aren’t shocking, but this isn’t the first time her office has been asked to remove itself. We’ll circle back to the initial case that exposed Biberaj’s office as a lefty woke circus. For now, this one involves the student who was sexually assaulted in a bathroom in May of 2021. 


The attacker was a teenage male who was initially reported as gender fluid, as he reportedly wore a skirt on the day of the assault. The student was not immediately held accountable. He was allowed to attend a different school, where he committed another sexual assault, with allegations that the school board was trying to bury this sexual assault. The student was later found guilty of both attacks.

The father of the bathroom assault victim, Scott Smith, was caught being dragged out of a school board meeting last year, which became a focal point for the 2021 Virginia gubernatorial election. Mr. Smith was enraged that the school administration did nothing to ensure his daughter’s safety and the rest of the district’s student body—they had a sexual predator on the loose. He was charged and convicted of obstruction of justice and disorderly conduct; the former charge was dismissed, but Mr. Smith is appealing the latter. Judge James Plowman then decided that Biberaj’s office lacked the impartial capacity to proceed in this matter (via Fox News):

A Virginia judge has booted liberal Loudoun County Commonwealth’s Attorney Buta Biberaj from an appeal case citing "concerns" over "impartiality." The case involves a Virginia father who was arrested last year while speaking out at a school board meeting after his daughter was sexually assaulted in a public school bathroom by a male student. 

"All that Scott Smith and his family have ever asked for is that the Loudoun County school system protect their daughter and treat them fairly; it has not," Bill Stanley, the attorney for Virginia father Scott Smith, said in a press release Monday provided to Fox News Digital. 


Smith was arrested and convicted of two misdemeanors following the school board meeting: disorderly conduct and obstruction of justice during the school board meeting. Circuit Court Judge James Plowman previously dismissed Smith’s count of obstruction of justice, and the Virginia dad is now trying to appeal the disorderly conduct count.  

A Sept. 2 order from Judge Plowman detailed that he appointed a special prosecutor in Smith’s appeal, and booted Soros-backed prosecutor Biberaj and her office from the case. 


Plowman said that he found Smith’s lawyer persuasive during oral arguments and granted Smith's motion to recuse the Loudoun County Commonwealth’s Attorney’s Office. Stafford County Commonwealth’s Attorney Eric Olsen will now handle the disorderly conduct count appeal. 


Stanley told Fox News Digital on Monday afternoon that Smith has a "right for fair trial" and lamented the political nature of Biberaj’s office during the case. 

"Believe it or not, prosecutors are supposed to be impartial. They’re supposed to look at the facts, apply the law and if so, then prosecute. This seemed to turn very political, very quickly, in the battle in Loudoun County, between this prosecutor who had been funded by George Soros," the attorney said, noting that Biberaj "took it upon herself to personally prosecute" the case.


As we said, this isn’t the first time a judge removed Biberaj’s office. And it also involved Judge Plowman. In June, a judge dismissed her from a burglary case for allegedly misleading the court about the criminal past of its defendant, Kevin Enrique Valle. It’s a move that most in the legal community rarely say happens. Most lawyers will practice their entire careers without seeing this moment. Biberaj is said to have omitted key details about Valle to secure a more lenient plea agreement. He was facing a slew of charges, including two burglaries. What was missing was that Valle had committed multiple robberies across four counties over a ten-day period. Biberaj is in the process of appealing her removal to the Virginia Supreme Court, hiring a high-profile law firm to represent her at the cost of $1,000/hour

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