A new nominee for Obama

Marion Barry is apparently ready to be nominated for a cabinet post as he was indicted today on tax evasion.....

Prosecutors asked a federal judge Monday to send former Washington mayor Marion Barry to jail for failing to file his tax returns for the eighth time in nine years.

In a motion filed in U.S. District Court, Assistant U.S. Attorney Tom Zeno said Barry, who's also a current District of Columbia Council member did not file his taxes in 2007, violating his probation for previous tax offenses.

Barry, 72, was given three years of probation in 2006 after pleading guilty to misdemeanor charges for failing to file his tax returns from 1999 to 2004. As part of a plea bargain, he agreed to file future federal and local tax returns annually.

Two years ago, however, prosecutors sought to have that probation revoked after Barry failed to file his 2005 taxes. But U.S. Magistrate Judge Deborah Robinson refused, ruling that prosecutors did not prove Barry willfully failed to file his returns, even if he was aware that he missed the deadline.

In Monday's motion, prosecutors noted that Barry has now failed to file his taxes on time for the eighth time in nine years and called his conduct "indefensible."

Sure it's defensible. He was holding out for a chief of staff position.

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