Good news for fans of “Mayor for Life” Marion Barry this morning. A federal judge has refused to put the D.C. Council member in jail for violating his probation in a criminal tax case. As you’ll recall, federal prosecutors recently sought jail time for Barry for failing to file his 2005 tax returns on time — complying with all federal tax laws was a condition of his probation. From the WaPo:

Sidestepping the issue on a technical point, U.S. Magistrate Judge Deborah A. Robinson rejected the prosecutors’ request to revoke Barry’s probation. She said it was up to the federal probation office — not prosecutors — to make the request.

Robinson said that she will not take further action or consider the probation violation “unless and until” the U.S. Probation Office brings it to her attention. Probation officials could not be reached for comment on the case.

Talk about phenomenal swag — Barry is simply unstoppable. Even the ire of angry federal prosecutors can’t hold the man the down. We hear they’re now looking for an adequate supply of kryptonite. Of course, the U.S. Probation Office still could cause a ruckus by formally telling the judge about Barry’s failure to meet his probation obligations — which would bring up the possibility of a presumed 18-month jail sentence once more. But does anyone actually believe he’ll ever be in real trouble in this town?