In the latest chapter of "you can't make this up: Virginia edition", we have learned that Lt. Gov. Justin Fairfax has hired the same lawyers retained by then Supreme Court nominee Brett Kavanaugh when he faced his own sexual assault allegations.
On Thursday Herring released a statement on Twitter which did not acknowledge the existence of a photo but did detail an incident from his youth.
With Virginia Governor and award-winning moonwalker Ralph Northam facing calls to resign over his apparent affinity for blackface, all eyes turned to the state's young rising star of a lieutenant governor and former Venable counsel Justin Fairfax.
He subsequently learned the accusation involved Tyson - but didn't learn the "the full scope of the allegation" until she spoke out this week, Barbera said.
Mr Herring would be next in line to be governor after Mr Fairfax.
Democrats have expressed fear that the uproar over the governor could jeopardize their chances of taking control of the GOP-dominated Virginia legislature this year. "I am a proud Democrat".
Interviewer Jon Lovett, one of the hosts of the liberal podcast "Pod Save America", described the graphic statement given by Tyson and asked Gillibrand whether Fairfax should resign.
Complicating affairs for the Democrats is the line of succession if Governor Northam resigns - next in line is Fairfax followed by Herring.
"We reiterate that this allegation is false", a spokeswoman for Fairfax told Insider.
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The string of scandals that began when the yearbook picture came to light last Friday could have a domino effect on Virginia state government: If all three top Democrats fall, House Speaker Kirk Cox, a conservative Republican, would command the state.
"We have black kids who make true mistakes like going to a playground with a toy gun, and they lose their life", she said, pointing to Tamir Rice, a black boy who was 12 years old when he was shot by police in OH in 2014.
Despite Democrats' professed commitment to rooting out bigotry and intolerance, Northam's party might be motivated to rally behind him to avoid the prospect of Republicans suddenly assuming the governorship.
"His shock at being so quickly discarded by the party has made it harder for Northam to accept the calls to resign", sources close to the governor told the Post.
The governor initially said he was in the photo without saying which costume he was wearing, then denied it a day later.
Trump claims in a tweet Thursday that the response to the fallout has been politically biased, alleging that: "If the three failing pols were Republicans, far stronger action would be taken". But he added: "This conduct is in no way reflective of the man I have become in the almost 40 years since". In Northam's response to the picture, he admitted he had painted his face with shoe polish during an ill-conceived Michael Jackson impersonation.
That radio interview is what reportedly motivated a medical school classmate of Northam's to tip the media off about the yearbook photo, triggering the current avalanche of recrimination.