ST. CROIX — The Virgin Islands Department of Justice acknowledged Governor Albert Bryan Jr.’s request to consider issuing a legal opinion regarding delegate to Congress aspirant Brett “Mac” McClafferty’s ballot disqualification but declined to issue one, according to Richard Motta Jr., Government House spokesperson.
Motta said the DOJ informed Government House that it would not provide an attorney general opinion after receiving the governor’s inquiry.
Bryan, in a text message to WTJX, noted why he asked the AG to consider issuing an opinion.
“I want to ensure that the voters have every opportunity to vote for who they believe in,” the governor texted. “At the same time I want to eliminate any opportunity to block people from being placed on the ballot arbitrarily. I recently vetoed a legislative attempt to further restrict candidates from being on the ballot. In the end the count on election night determines who represents us and that’s where the determination should remain. What does it really value a society to restrict the people’s right to choose their representatives?”
Bryan wrote in his July 2 letter to Attorney General Gordon Rhea that McClafferty requested an opinion addressing legal questions raised in his brief in support of appeal, specifically regarding the statutory authority exercised by the supervisor of the Elections System of the Virgin Islands and the procedures employed in reaching the decision to disqualify his candidacy. The governor noted that he requested the AG’s office to review McClafferty’s request and determine whether it is appropriate to issue a formal opinion because the issues presented involve questions of statutory interpretation affecting the administration of election laws and matters of significant public interest.
Bryan wrote that his request “should not be construed as expressing any opinion” on the merits of McClafferty’s claims or the actions taken by the supervisor of elections, the Virgin Islands Board of Elections, or any other election official. He also acknowledged that the DOJ could conclude an opinion would be inappropriate because of pending proceedings, jurisdictional considerations, or other legal or ethical constraints, and asked to be advised if that were the case.
According to Motta, the department ultimately declined to issue an opinion.
McClafferty, a St. Thomas businessman who also serves on Bryan’s Advisory Council for the Office of Gun Violence Prevention, was disqualified from the delegate race after Supervisor of Elections Caroline Fawkes determined his nomination papers were invalid following an Elections System investigation prompted by six complaints from petition signers.
According to Fawkes, several petition signers said they had been misled about the identity of the candidate or the purpose of the petition. The Elections System also concluded that David Greaux, whom officials said was not a registered voter in the St. Croix District, improperly circulated nomination papers in violation of Virgin Islands election law. Fawkes additionally cited video evidence that she said showed Greaux soliciting signatures rather than Jonathan James, who signed the required circulator affidavit.
McClafferty has denied those allegations, arguing the investigation relied on flawed evidence and that his campaign corrected any deficiencies identified by the Elections System. During his appeal before the Board of Elections, board member Cleopatra Peter argued the supervisor lacked statutory authority to conduct the investigation and that the complaints themselves were procedurally deficient. The board nevertheless voted to uphold his disqualification.
Separately, McClafferty is facing a criminal matter involving allegations of financial misconduct that is being prosecuted by the attorney general.
McClafferty has pleaded not guilty to charges alleging his involvement in an $888,500 counterfeit check scheme tied to his restaurant, St. Thomas Social. Last month, he asked the Superior Court to order the return of $15,900 in cash seized from a safe in his residence during the execution of a search warrant, arguing the money belonged to Social Hospitality Group, the company that owns and operates St. Thomas Social, and that cash was not among the items authorized for seizure under the warrant.
Prosecutors have asked the court to deny the motion.
In a response filed July 2 by Assistant Attorney General Patricia Lynn Pryor, director of the White-Collar Crime and Public Corruption Unit, the government said a report from the United States Postal Inspection Service states that Postal Inspector Eric Oram heard McClafferty tell officers during the search that he “didn’t have anything to do with the safe and that the contents were not his.”
Prosecutors argue that by disclaiming ownership, McClafferty abandoned any ownership interest in the safe’s contents. They further contend that officers found multiple credit cards, cash, and a check made payable to another individual inside the safe, and that the seized cash constitutes evidence in the pending criminal case that should remain in the custody of the Virgin Islands Police Department until the matter is resolved.
McClafferty’s motion remains pending before the court.
No stranger to the justice system, Ohio court records show McClafferty was convicted between 2015 and 2019 on felony charges including identity fraud, forgery, grand theft, passing bad checks, theft, and possession of cocaine, as well as misdemeanor theft-related offenses.
