WASHPO EDITORIAL: "NO EXCUSE"

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'No Excuse'
Marion Barry, recidivist tax scofflaw
Wednesday, February 11, 2009; A18


NO ONE, not even his harshest critics, can enjoy the thought of Marion Barry going to jail. At 72, the D.C. Council member and former mayor has survived gunshot wounds, drug abuse and cancer and is now, he told us, awaiting a kidney transplant. Sadly, though, Mr. Barry's own actions -- a maddeningly stubborn refusal to file tax returns -- leave federal prosecutors with no option but to apply the law to him.

Mr. Barry's failure to file his 2007 tax returns, the eighth time he has missed the filing deadline in nine years, prompted the U.S. attorney's office to ask a judge to revoke his probation and sentence him to jail. Or, at the very least, call him to account for his actions, with his probation extended for two years. It's beyond understanding why Mr. Barry (D-Ward 8) repays the government's leniency for his tax offenses by continuing to repeat them. "The court's patience," as Assistant U.S. Attorney Thomas A. Zeno wrote, "should be at an end."

Even Mr. Barry -- who initially tried to brush off his tax obligations with talk of how busy he is on the council -- seems to realize the seriousness of his situation. Yesterday, he was downright contrite, telling us that even though he was preoccupied with health issues "there's no excuse at all" for his actions. He apologized and said he will file his paperwork soon. Mr. Barry said he may be due a refund because of the amount of money withheld from his paycheck; by contrast, federal prosecutors in a footnote to their motion alleged that he is behind on his tax payment agreement with the District. Under the circumstances, Mr. Barry owes the people he represents a full accounting of his dealings with the government that pays his salary and in which he is elected to serve.

U.S. Magistrate Judge Deborah A. Robinson has the unenviable job of ruling on the prosecutors' request. In the past, she has not wanted to send Mr. Barry to jail. We share that reluctance but also understand that Mr. Barry has left her with no good options.