Federal prosecutors told a judge Thursday that they will retry their bribery case against D.C. Council member Trayon White Sr. (D-Ward 8), and that they plan to seek a superseding indictment — a move that could introduce additional charges.
Meanwhile, one of White’s attorneys said he would probably have to withdraw from the case for financial reasons.
The decision from prosecutors to move forward with the case comes as little surprise. U.S. Attorney for D.C. Jeanine Pirro signaled her intent to retry the case within moments of U.S. District Judge Rudolph Contreras declaring a mistrial in the case in late September. The jury had said it was unable to reach a unanimous verdict.
But to get a superseding indictment, prosecutors would have to bring the case back before a grand jury.
The current indictment charges White with a single count of bribery, alleging that he accepted $35,000 from a D.C. government contractor working as an undercover FBI informant during several meetings captured on video in 2024. In exchange for the cash, prosecutors said, White agreed to pressure D.C. government officials to renew Allieu Kamara’s contracts for violence intervention services that were worth millions of dollars, with the understanding that the council member would receive a 3 percent cut totaling $156,000.
Outside the federal courthouse Thursday, Gary Kohlman, one of White’s attorneys, described the decision to retry the case as part of a targeted, racially motivated effort to remove an elected official from office against the will of his constituents. He said he had never made an accusation of racial animus in more than 50 years of practice.
“The fact of the matter is that Trayon White Sr. is African American, [and] he represents, by and large, an African American community that repeatedly elected him,” Kohlman said. “He had nine people out of 12 that found him not guilty in this case, and I cannot think of any other explanation other than targeting, and that unfortunately bleeds into the issue of discrimination.”
In response to Kohlman’s comments, Pirro said in a statement that her office has video showing envelopes full of cash being handed to White “as part of a $156,000 bribe.”
“The evidence, not baseless accusations about race or motive, will determine this case,” Pirro said. “Our responsibility is to follow the facts and pursue justice, not back down in the face of political pressure or personal attacks.”
Kohlman also said he will probably withdraw from the case, given the significant cost of the legal defense. The U.S. attorney’s office, he said, doesn’t have that problem.
“This is designed to break the back of Mr. White’s effort to effectively defend himself,” he said.
White declined to answer questions after the hearing, deferring to Kohlman, who said he had no further comment.
During the hearing, Contreras said he had not yet read motions filed by the defense attorneys asking for an acquittal or the prosecution’s response.
He set the next hearing in the case for February.
The move by prosecutors to seek a new trial will extend the legal troubles for the Ward 8 council member, who was first elected in 2016 to represent residents in Southeast Washington. Last year, the D.C. Council voted 12-0 to expel White after he was federally indicted. He won the seat back months later in a special election but was removed as a committee chair.
D.C. Council Chairman Phil Mendelson (D) has said the council would wait for the legal process to unfold before deciding any future steps on White’s roles on the governing body.
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