Sanford to learn today of ethics panel findings

COLUMBIA -- A series of events today and in the coming week will help to determine Gov. Mark Sanford's fate.

In a closed-door session, the State Ethics Commission hears the findings of an investigative summary into Sanford's possible misuse of aircraft and improper campaign reimbursements.

Sanford's attorney is waiting for the commission to end the closed-door session and produce its results; Sanford is not with him.

The nine commissioners will decide whether probable cause exists to find the two-term Republican governor guilty of ethics violations, or they will drop the case.

Word about the commissioners' decision is not expected until late this week or early next, said Herb Hayden, executive director of the Ethics Commission.

Today's session is similar to a grand jury hearing, in that what happens will be kept closely under wraps until the formal announcement is made, he said.

But the case won't be closed for Sanford, even if the commissioners decide that he didn't do anything wrong.

Attorney General Henry McMaster will receive a copy of the preliminary investigation report this week to determine if any criminal charges should be filed against the governor.

Meanwhile, the House is continuing a state Supreme Court battle to see the ethics investigation findings. Speaker Bobby Harrell, a Charleston Republican, asked the justices to clarify their position on the release of the investigative summary.

Responses from Sanford's attorneys and the Ethics Commission are due in that case by Friday.

Harrell said Tuesday that the ethics investigation will be used as the basis to determine whether Sanford's actions were improper. He has cautioned House members not to entertain impeachment based on politics.

"Unless the investigation contains new information about serious crimes or serious misconduct by the governor, in my opinion, the information we have to date does not rise to a level to remove him from office," Harrell said in reference to allegations that have been raised publicly.

Harrell's comments came after an impeachment resolution was introduced in the House by Rep. Greg Delleney, a Chester Republican.

See our special section on Governor Mark Sanford

The resolution, which has three co-sponsors, all Republicans, asserts that Sanford should be forced from office for serious misconduct and a dereliction of duty for his June rendezvous with his mistress in Argentina.

The governor misled his staff about his trip, telling them that he was hiking the Appalachian Trial. That raised questions about the chain of command in case a disaster had occurred while Sanford was absent.

The governor's office did not have any comment Tuesday.

Following news of Sanford's affair, McMaster called on the Ethics Commission in late June to investigate.

The attorney general did not say if he will make the preliminary report public when he receives it from the Ethics Commission this week.

"I will conduct a thorough review of the report to determine what, if any, prosecutorial action may be warranted by the facts," McMaster said in a statement. "This matter will be handled professionally, with the same standards and procedures applied to any other case.

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"The public will be kept fully informed; however, at this time, until I determine whether any prosecutorial action should be taken, it would be inappropriate to speculate on timetables, the outcome or to make any other comment."

Hayden said if the commissioners determine probable cause exists that Sanford violated ethics rules, an administrative hearing will be scheduled, probably for sometime in January.

As in a trial, evidence and witnesses will be presented, but the hearing will not be public unless the governor waives his right to keep it behind closed doors, Hayden said.

The governor has waived some confidentiality rights, but the trial would remain closed unless he specifically calls for it to be open.

Three ethics commissioners will be assigned at random to a panel for the hearing and will act as judge and jury about whether a violation did occur.

Reach Yvonne Wenger at 803-926-7855 or ywenger@postandcourier.com.

Editor's note: Earlier versions of this story incorrectly stated who would be allowed in the closed-session commission meet. The Post and Courier regrets the error.