Previously on DCist, we declared that no jail could hold Marion Barry, albeit a tad prematurely. For those of you not following the case, federal prosecutors were seeking jail time for Barry for violating the terms of his probation after he pleaded guilty in 2005 to misdemeanor charges for failing to file tax returns from 1999 to 2004. The terms of the deal mandated that he comply with all federal tax laws — and then Barry failed to file his 2005 tax returns on time.

The prosecutors filed a motion to have Barry’s probation revoked in February, but U.S. Magistrate Judge Deborah Robinson rejected the request, saying she needed to hear from the U.S. Probation Office, and not the prosecutors, on the matter. But the attorneys quickly appealed the decision, leading to yet another visit to court today for the former mayor and current D.C. Council member.

The Associated Press now reports that Judge Robinson has once again ruled in Barry’s favor, deciding that the prosecutors didn’t prove Barry willfully failed to file his 2005 returns, even if he was aware he missed the deadline.

After successfully beating a series of traffic violations this month, including a DUI charge, we are ready to declare that Council member Barry’s new nickname is Eliot Ness.