S.C. panel says Sanford should face ethics charges

Staff and wire reports
Wednesday, November 18, 2009



COLUMBIA — A South Carolina ethics panel said Wednesday that Gov. Mark Sanford should face charges he violated state laws tied to a three-month investigation into his travel and campaign finances.

The State Ethics Commission decision did not provide details of its decision or the specific charges Sanford would face during a hearing of the panel early next year. Officials said those details — which should include whether the accusations involve civil or criminal allegations — will be released next week.

The commission “found probable cause exists on several allegations. They wanted me to point out that a finding of probable cause is not a finding of guilt. It is only one phase in the process,” said Herb Hayden, the commission’s executive director, after a daylong, closed-door meeting of the panel.

Sanford lawyer Butch Bowers did not immediately comment on the outcome.

The governor’s office declined comment.

Questions about Sanford’s use of state, private and commercial planes arose after he disappeared from the state in June and said he had been in Argentina visiting his mistress.

Meanwhile, Sanford faces an impeachment resolution in the House.

The an ad hoc group from the House Judiciary Committee could begin meeting on matter as early as next week.

Rep. Greg Delleney, a Chester Republican who filed the impeachment resolution, said the Ethics Commission’s finding of probable cause could help convince others of what he believes: Sanford should be forced out of office.

Delleney said he was not waiting on the Ethics Commission, because Sanford’s five-day secret rendezvous with his mistress is enough to impeach him. Sanford left the state without anyone in control and mislead his staff, who in turn mislead the public, about his whereabouts, Delleney said.

“I don’t really need anymore than that,” Delleney said Wednesday night when reached at home.

Wednesday’s news about probable cause means very little, Rep. Todd Rutherford, a Columbia Democrat and a member of the House Judiciary Committee, said. He needs more information about what charges the Ethics Commissions believes Sanford might be guilty of.

Probable cause is a low threshold, similar to reasonable suspicion, Rutherford, an attorney, said. Delleney is also an attorney.

He said what the Ethics Commission does or doesn’t do should not influence the Judiciary Committee, Rutherford said. The House members are obligated by the constitution to consider impeachment for dereliction of duty and serious misconduct. The Ethics Commission was created by the Legislature, he noted.

House Speaker Bobby Harrell, a Charleston Republican, took a difference stance Tuesday.

“As we have consistently said before, the House should not take any official action until it receives the Ethics Commission’s investigative report so that we can address this issue knowing all the facts. Since, by Court order, the investigative report will be a public document once Governor Sanford receives it, I expect the committee to have access to that report,” Harrell said in a statement Tuesday. “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. The Ethics Commission’s investigation will be used as the basis to determine whether or not the Governor’s actions rise to that level.

“The Judiciary Committee will conduct its work in a deliberative manner. It is important that we take the Governor’s actions seriously and fully investigate this issue, but it is also important that we do this in a timely manner so that our state can move forward.”

Whether the investigation report Harrell cited will be made public is not yet decided. The state Supreme Court has been petitioned to clarify its opinion on the report’s release.

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