Olsen argues the newly enacted state law is constitutional and requires the court to suspend the vice mayor pending resolution of felony charges.
PURCELLVILLE, Va. (May 6, 2026) — Special Prosecutor Eric L. Olsen filed a response Wednesday in Loudoun County Circuit Court opposing Vice Mayor Carl Benjamin “Ben” Nett’s motion to dismiss an emergency action that seeks to suspend Nett from office while felony charges against him remain pending.
Loudoun County Circuit Court Judge Randy I. Bellows, a visiting judge from Fairfax County, is scheduled to hear arguments Thursday, May 7, at 1 p.m.
A clarification on what the law actually says
In his eight-page response, Olsen begins by clarifying what he describes as a mischaracterization shared by both sides in earlier filings. The provision requiring suspension does not appear in the Code of Virginia at section 15.2-1535.1, as both parties had previously cited. Instead, the suspension language is contained in the Second Enactment Clause of Chapter 1022 of the 2026 Acts of Assembly, which Olsen writes “will not appear in Virginia Code” but “is the law of the Commonwealth of Virginia.” The provision is set to expire July 1, 2028.
The pertinent language states:
“Notwithstanding any provision of law to the contrary, in the event of a criminal proceeding against an officer of any town in Planning District 8 with a population between 8,000 and 10,000… alleging the commission of a felony offense, the Court having jurisdiction over such offense shall enter an order suspending such officer pending the resolution of such proceeding.”
Olsen argues the language is mandatory and leaves no discretion to the court. According to the response, three conditions trigger application to Nett: Purcellville falls within Planning District 8 with a population of 8,929 under the 2020 census; Nett is an elected member of the Purcellville Town Council; and Nett has been indicted on multiple felony offenses currently pending in Loudoun Circuit Court.
The Bill of Attainder question
Nett’s attorney, Ryan Campbell, argues that Senate Bill 648 amounts to a Bill of Attainder, a type of legislation prohibited by both the United States and Virginia constitutions. A Bill of Attainder is generally understood as a legislative act that singles out specific individuals or an easily identifiable group for punishment without a judicial trial.
Olsen’s response frames the constitutional question as a three-part test drawn from U.S. Supreme Court precedent. For the law to qualify as a Bill of Attainder, the court must find that it applies to named individuals or easily ascertainable members of a group, that it inflicts punishment, and that it does so without due process.
Olsen concedes the first prong, acknowledging that the law focuses on a narrowly defined group. “The language of the law applying to towns appears to apply to a single town, Purcellville,” the response states. He notes, however, that the law would also apply to Town Manager Kwasi Fraser, who likewise faces felony charges, and would extend to any official subsequently charged with a felony offense.
Temporary suspension and due process
On the second prong, Olsen contends the law does not inflict punishment because the suspension is temporary rather than permanent. “Unlike the other Attainder cases where an ascertainable group is permanently barred or prohibited from employment or office because of their status, this law is limited to a temporary suspension from office,” the response states. If the suspended official is acquitted, Olsen writes, the suspension ends and the office is restored.
On the third prong, Olsen argues that any restriction imposed by the law follows substantial judicial intervention. A felony charge in Virginia, he notes, can only be initiated by a neutral judicial body such as a grand jury or a magistrate, and only upon a finding of probable cause. He compares the suspension to other restrictions routinely imposed on individuals charged with felony offenses, including limits on liberty, freedom of movement, and gun rights, none of which require a final conviction.
Extending Bill of Attainder protections to cover temporary restrictions imposed after due process, Olsen concludes, “would be an unprecedented and far-reaching expansion of the constitutional scope of Attainders.”
Background
Nett, a sitting member of the Purcellville Town Council, has been at the center of overlapping civil and criminal proceedings for more than a year. In April 2025, a group of Purcellville residents filed a citizen petition seeking his recall, alleging conflict-of-interest violations and other misconduct in office. Similar petitions were filed against Mayor Christopher Bertaut and council members Carol Luke and Susan Khalil, though those have not moved forward.
The Nett recall trial began in April 2026 in Loudoun County Circuit Court. After five days of testimony and roughly ten hours of deliberation, a seven-member jury returned a mixed verdict on April 27, finding that Nett had committed certain violations but declining to remove him from office.
Separately, Nett has been indicted on multiple felony charges, including allegations of bid rigging and misuse of a law enforcement database. Town Manager Kwasi Fraser faces related charges. Trials in the criminal cases are scheduled for October and December. Nett has not been convicted of any criminal offense and is presumed innocent unless and until proven guilty.
Senate Bill 648 was sponsored by Delegate John McAuliiff and Sen. Russet Perry, D-Loudoun, during the 2026 General Assembly session and signed by Gov. Abigail Spanberger on April 22, 2026. The bill applies to towns in Planning District 8 with populations between 8,000 and 10,000, a description that fits Purcellville. The governor approved the legislation with an emergency clause that made it immediately effective, and Olsen filed his motion to suspend Nett under the new law on April 27, the same day the recall jury returned its verdict.
Thursday’s hearing will determine whether Judge Bellows finds the Second Enactment Clause constitutional and, if so, whether its mandatory language requires that Nett be suspended pending resolution of the criminal charges. Purcellville News will continue to report on the proceedings.
