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Investigation of blackface photo ends without answer

On Wednesday, almost four months after the photograph surfaced and plunged Virginia’s government into turmoil, investigators said they had been unable to determine which of Northam’s accounts was true.

Investigation of blackface photo ends without answer

The next afternoon, standing before a throng of reporters, the Democrat suddenly recanted and insisted that neither man in the picture, which showed one in a Ku Klux Klan robe and another in blackface, was him.

On Wednesday, almost four months after the photograph surfaced and plunged Virginia’s government into turmoil, investigators said they had been unable to determine which of Northam’s accounts was true.

“No one we interviewed told us the governor was in the photograph, and no one could positively state who was in the photograph,” the investigators, hired by Eastern Virginia Medical School, which awarded Northam his medical degree in 1984 and had been aware of the image for years, wrote in a 55-page report.

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The inquiry also did not determine whether the photograph had been placed in error on a page that included Northam’s name and pictures.

But the report detailed how the gravest crisis of Northam’s career unfolded behind closed doors, and how early decisions helped shape a “shocking and chaotic” drama that left Virginians flummoxed, the statehouse in shambles and the governor more a punch line than a powerful politician. On Wednesday, the governor again denied that he was in the “racist and offensive photo that appears under my name.”

“I know and understand the events of early February and my response to them have caused hurt for many Virginians, and for that, I am sorry,” Northam, who had rebuffed calls for his resignation, said in a statement after the report’s release. “I felt it was important to take accountability for the photo’s presence on my page, but rather than providing clarity, I instead deepened pain and confusion.”

Indeed, the turmoil that began with the yearbook picture taxed Northam’s credibility and also spread throughout Virginia government. In the days that followed Northam’s shifting explanations, Lt. Gov. Justin E. Fairfax was accused of sexual assault, which he denied, and Attorney General Mark R. Herring acknowledged that he had worn blackface as an undergraduate student. Fairfax and Herring, also Democrats, remain in office.

Given that messy line of succession, as well as polls that showed most Virginia voters wanted Northam to stay, the calls for his resignation from fellow Democrats ebbed. Some even said they regretted making such calls too quickly.

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Northam then pledged to dedicate the remainder of his term to focusing on issues of inequity, a vow that members of the state’s Legislative Black Caucus said he has so far showed signs of honoring.

The governor slowly and steadily began resuming a public schedule, but the awkwardness remains, especially in a year of legislative elections. An appearance by the governor is still seen as a risk by other Democrats on the campaign trail, and rearrangements under public pressure have been necessary. Republicans have been in no mood to let the scandals fade away, and on Wednesday, the Republican Party of Virginia renewed its demand that Northam quit.

“Only one person has confessed to being in the racist photograph, and that person is Ralph Northam,” the party chairman, Jack Wilson, said in a statement.

The black-and-white photograph had been a looming, if largely unknown, threat to Northam for more than three decades. It was not until Feb. 1, though, with the governor embroiled in a national controversy over abortion rights, that a conservative website published the image and the governor went from a policy dispute to an international maelstrom linked to race.

Northam’s account of events varied slightly from one interview to another, and from the recollection of his chief of staff, Clark Mercer. But Northam told investigators — in an account corroborated by Mercer — that he had immediately wondered whether it was fraudulent. A friend’s urgent review of a yearbook on Eastern Virginia’s campus revealed that it was real.

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As the photograph spread quickly online, the governor’s roster of allies dwindled just as fast, and “thousands” of messages began to flood Northam’s aides.

“That night his closest political allies abandoned him en masse,” Mercer recounted to investigators. “Not one called him and said, ‘Governor, can we walk through this?’ or offered to stand by him.”

The governor’s office, Mercer said, was “on an island,” and aides prepared three options: a denial, an admission and a condemnation of the photo coupled with a pledge to investigate it. Aides discarded the third choice, Mercer recalled, because “you can’t equivocate whether you were in the picture or not.”

The group collectively opted for a statement in which Northam would effectively admit to appearing in the photograph. Aides drafted the statement, which Northam reviewed and approved.

The statement — in which Northam said he was “deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now” — contradicted what Northam was telling his staff, according to the investigators. But a panic, Mercer said, had seized the governor’s office.

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“I wanted to take responsibility for a picture being on my yearbook page and — I hate to say this because I’ve been in the Army and taken care of dying children — but I was shocked,” the governor said, according to the report. “It hit me like a ton of bricks. I didn’t think through it.”

As hours passed, investigators said, Northam became more confident that he was not in the photograph. It was also becoming clear that Northam’s initial statements, one in writing and another on video, would not quell the outrage. The governor scheduled a news conference that would shadow him for months: He denied being in the photograph, he admitted to once darkening his face for a Michael Jackson costume and, at one moment, he seemed poised to demonstrate his dance skills.

Northam and his staff, Mercer said, “underestimated how strong and how quickly” there would be demands for his resignation.

Within days, though, scandals were enveloping Fairfax, Herring and a powerful Republican senator. The governor retreated from public view and re-emerged slowly. He cannot run for re-election in 2021, and in Richmond, people have become increasingly convinced that he will serve — hobbled as he might be — the balance of his term.

The investigation’s inconclusive outcome may help, observers said, because it did not definitively undermine Northam’s account. But the investigation, conducted by McGuireWoods, a law firm with close ties to Virginia’s most powerful figures, still faced some skepticism on Wednesday.

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James Boyd, the president of the Portsmouth chapter of the NAACP, said he had “zero trust” in the inquiry and believed that it had been improperly tilted toward Northam. The firm, he said at the news conference where Eastern Virginia announced the results of the investigation, seemed to be “attorneys for Ralph.”

The lawyers defended the scope of their inquiry, which included interviews with 52 witnesses, and their findings.

And Wednesday morning, the medical school’s president, Richard V. Homan, said the photograph should not have been included in the yearbook. It had been, he said, a “failure of administrative oversight.”

“Their publication was hurtful, particularly to the African-American community and to our campus community,” Homan said. “It should never have happened.”

This article originally appeared in The New York Times.

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