Louise Lucas will plead not guilty, lawyer says, as Virginia leaders split over the timing of her indictment

A day after federal prosecutors unsealed a racketeering indictment against Virginia state Sen. L. Louise Lucas, the Portsmouth Democrat is signaling a fight. Her attorney, Anthony Capozzolo, told the BBC that Lucas “denies these charges in their entirety” and will plead not guilty. She has not yet entered a formal plea.

Lucas, 82, surrendered on Thursday, Oct. 22. The Justice Department accuses her of leading a marijuana distribution enterprise and using her political power to protect it. An indictment is an accusation, not a finding of guilt, and Lucas is presumed innocent. (Our earlier coverage covers the indictment’s specific allegations in detail.)

What is Louise Lucas charged with?

According to CBS News, the 45-page indictment was returned by a federal grand jury in the Eastern District of Virginia last week. It names Lucas and six co-defendants, including her daughters Lisa Lucas-Burke and Theresa Lucas-Lamb and her grandson Ryan Eichelberger.

Lucas faces five of the indictment’s eight counts, the BBC reported:

• Racketeering conspiracy
• Conspiracy to distribute marijuana
• Conspiracy to launder money
• Conspiracy to commit honest services fraud
• Maintaining a drug-involved premises

Other defendants face firearm and wire fraud charges. Prosecutors allege the enterprise bought and sold more than 100 kilograms of marijuana under the cover of her legal cannabis business, and FBI Director Kash Patel said it brought in nearly $5 million in “ill-gotten gains,” CBS reported.

How has Lucas responded?

On X, Lucas called the case political. “I will not be intimidated. I will not be bullied. And I will not back down,” she wrote, as quoted by the BBC. In another post, reported by CBS, she said the federal government had been “wielded against an 82-year-old great-grandmother” and added, “I grew up under Jim Crow.”

Capozzolo said the defense was “surprised and disheartened” by the indictment, the BBC reported.

How are Virginia leaders reacting?

Reaction largely followed party lines, according to statements collected by WDBJ7.

• Gov. Abigail Spanberger (D) said Lucas is presumed innocent, but that the timing “undermines the U.S. Department of Justice’s previously longstanding policy” of avoiding major legal action close to an election and “further erodes the trust the American people deserve to have in the Department of Justice.”
• Senate Majority Leader Scott Surovell (D) called Lucas “a historic figure in Virginia politics” and said the matter “has been driven by politics.” He pointed to unstable leadership at the US Attorney’s Office for the Eastern District of Virginia. He said Lucas “has my full support” as she defends herself.
• House GOP Leader Terry Kilgore said the charges “are serious, and go beyond the world of politics” and “will be resolved via our judicial system, as they should.”

Why the timing is a flashpoint

Early voting is underway for the Nov. 3 midterm elections. The Justice Department has historically avoided overt actions involving political figures within about 60 days of an election, CBS reported. Attorney General Todd Blanche said that unwritten practice is not in the Justice Manual and that there was “nothing improper” about the timing. “We don’t do political paybacks,” he said. Blanche also said the investigation began “many years ago,” before the current administration.

Lucas isn’t on the ballot this year. She was reelected in 2023 and her term runs through 2027, CBS reported. But her daughter Lisa Lucas-Burke, a co-defendant, is running for Portsmouth City Council.

Lucas also played a central role last year in Virginia Democrats’ push for a new congressional map that added four Democratic-leaning seats. Voters approved it in an April referendum, but the Virginia Supreme Court threw it out in May, according to CBS.

Is Louise Lucas stepping down?

There has been no report that Lucas plans to resign. She remains the Senate’s president pro tempore, a post CBS said she still holds.

What happens next?

Lucas is due back in federal court in Newport News on Nov. 16, according to earlier reporting by WTVR.

FAQ

Has Louise Lucas been convicted? No. She has been indicted and is presumed innocent. Her lawyer says she will plead not guilty.

How long has she served? Lucas was first elected to the General Assembly in 1991, according to CBS News and Surovell’s statement.

Is the case tied to Virginia’s marijuana law? Virginia allows medical sales and limited personal possession. Regulated retail sales are set to begin next year, CBS reported. Prosecutors allege Lucas’ enterprise sold marijuana illegally through her shop.

Earlier coverage: Virginia Sen. Louise Lucas indicted in federal marijuana racketeering case, says she won't be 'bullied' (Oct 22)