Barnie Day was a Democratic delegate from Patrick County from his election in 1997 through the 2001 session. A former county administrator and business owner, he is now a banker.

Or so says he.

Tsk. Tsk.

It raises an interesting philosophical question, sort of like that tree falling in the woods thing: did it happen if he can’t remember it?

Here’s the opening paragraphs of the story by Terry Scanlon and Jessie Halladay, writing Jan. 15 in the Daily Press on Republican efforts that may unseat Newport News Circuit Judge Verbena Askew, who is up for reappointment.

A key Virginia lawmaker said Tuesday that engaging in anal or oral sex might disqualify a person from being a judge because both activities violate state law.

Del. Robert F. McDonnell, a Virginia Beach Republican who is chairman of the state legislature’s House Courts of Justice Committee, also said that while such behavior alone would not disqualify someone from being a judge, “It certainly raises some questions about the qualifications to serve as a judge.”

Asked if he had ever committed such a heinous act himself, asked if he had ever violated Virginia’s ‘crimes against nature” law that bans all oral and anal sex regardless of the gender of the parties involved, McDonnell said … drum roll, please:

“Not that I can recall.”

Bob … Bob … Bob. Pul-leeeeze. Is that the best you can do?

“Not that I can recall?”

You could have said anything but that. Yes, the Devil made me do it. No, I didn’t know how. Yes, but I didn’t enjoy it, and feel bad about it now. No, but I was always intrigued by that idea. Anything. Anything except:

“Not that I can recall.”

That ranks right up there with Clinton’s “I didn’t inhale” and “It depends on what ‘is’ is.”

Here’s what’s behind it (no pun intended), according to the Daily Press.

A former Newport News Drug Court official alleged that Askew, who oversaw the court at the time, had propositioned her. The woman, who worked for the city of Hampton, complained to the Hampton personnel department. The city hired an attorney who specializes in employment law to investigate the allegations, and she found them to be invalid.

The accuser then claimed that her Hampton supervisor and other city employees failed to protect her from harassment, and retaliated against her for complaining about it. To settle the complaint, the city paid $64,000 in 2001, including $10,000 to the woman’s lawyer. The settlement included a statement that the city was not admitting that the woman’s claims were true.

At about the same time, Askew and her accuser signed a separate letter of understanding that specified that neither woman could sue the other or make disparaging remarks about the other. Askew has denied the woman’s accusations throughout.

So now Askew finds her reappointment dependent on a committee chaired by a Virginia legislator who can’t remember if he has ever engaged in sodomy.

If Republicans want to keep McDonnell viable as a statewide possible at least long enough for him to clear the starting chute, they’ll slam dunk Askew’s reappointment and make her a judge for life. Otherwise, a memory lapse like this one could get legs and follow him start to finish in his run for Attorney General.

According to the paper, McDonnell says he’s more interested in whether she “honestly answered” a questionnaire asking if she’d ever been a party to a civil proceeding than he is in her sex life.

Fair enough.

But, say, speaking of honest answers, Bob. Did you ever? Even once?

You can tell me. I can keep a secret.