Sanford watch begins in house

COLUMBIA -- The first test of whether Gov. Mark Sanford will survive an attempt to impeach him will be decided by Dec. 9.

A special panel made up of seven House members began deliberations Tuesday on the question of whether Sanford's alleged wrongdoings rise to the level of serious misconduct or serious crimes.

Only 16 governors in the history of the United States have been impeached, and just eight were forced out of their positions. No governor in South Carolina has been impeached, although the House attempted to remove a governor in the 1870s.

Speaker Bobby Harrell, a Charleston Republican, reminded the House Judiciary Subcommittee not to be motivated by politics or personal feelings.

"Be thorough, be unyielding, be fair, set examples for generations to come that our people's representatives can rise to any task," Harrell said during brief remarks at the beginning of Tuesday's one-hour meeting.

The subcommittee expects to hold four more meetings by Dec. 9 to decide whether to recommend to the full Judiciary Committee that Sanford be impeached. The panel could decide to kill the bill or advance it to the full committee, which is expected.

Judiciary Committee Chairman Jim Harrison, a Columbia Republican, said he wants the full committee to finish its work by Christmas so the House stands ready to consider the issue as early as possible after the Legislature reconvenes in January.

Harrison said Sanford is invited to attend the deliberations and offer testimony, but so far he has not been called to do so. The governor spoke to the Charleston Rotary Club at The Citadel on Tuesday as deliberations began on Statehouse grounds.

The subcommittee received affidavits from State Law Enforcement Division Director Reggie Lloyd, the governor's chief of staff Scott English and Lt. Gov. Andre Bauer about Sanford's absence between June 18 and 24 and the lack of communication during that time.

Rep. Greg Delleney, the primary champion of Sanford's impeachment, used Tuesday's subcommittee meeting to defend his request that the governor be forced from office.

Delleney, a Chester Republican, based his call for impeachment on the governor's five-day absence this summer while he had a clandestine rendezvous in Argentina with his mistress.

Delleney said Sanford committed serious misconduct by misleading his staff to believe that he would be hiking the Appalachian Trail and leaving no chain of command in place during his absence.

What's more, Delleney said Sanford committed a dereliction of duty by evading the security detail assigned to protect him and abandoning his responsibilities, including as commander in chief of the South Carolina National Guard and the State Guard.

Removing him is a House duty, Delleney said.

"He left his post. He left his state. He left this country without notifying anyone in authority. He was in effect AWOL," Delleney said.

Rep. Walt McLeod, a Little Mountain Democrat, took exception to Delleney's use of military standards to judge Sanford. Military terms such as "AWOL" and "dereliction of duty" have no real application to Sanford, as someone who is a civilian and does not wear a military uniform, McLeod said.

McLeod said he is undecided about whether Sanford should be impeached.

Likewise, Rep. Jenny Anderson Horne, a Summerville Republican, said it is important that the subcommittee gets its work done before the January session begins so the Legislature can focus on the many matters before it.

"I'm keeping an open mind," she said. "This should be an objective process."

Delleney was the only subcommittee member who showed his hand Tuesday.

Harrison, the judiciary chairman, said most of the subcommittee's members are waiting on their review of the more than 1,000-page ethics investigation that was released late Monday.

The State Ethics Commission charged Sanford with 37 possible ethics violations related to his travel on state and commercial aircraft and about $3,000 in campaign reimbursements. The commissioners used the lengthy investigation report to issue the charges.

Attorney General Henry McMaster, a 2010 gubernatorial candidate, is reviewing the ethics investigation to determine if Sanford should be charged with any criminal violations.

Ross Garber, a Connecticut-based attorney representing the S.C. governor's office, said the arguments presented do not rise to the level of an impeachable offense.

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"The Legislature today began an extraordinary and extremely rare process," Garber said in a statement. "Only eight governors have been impeached and removed from office in the history of the United States, and only two in the last 80 years, both of whom were indicted on felony charges.

"The (subcommittee) must decide whether there is clear and convincing evidence that the governor committed a serious crime or serious misconduct in office that has corrupted the system of government in South Carolina. This standard is intentionally high.

"The governor's temporary absence from the state in June does not meet this high standard," he said.

Sanford is a two-term Republican. His tenure in office ends in January 2011 and he cannot seek re-election because of term limitations.

What's next?

The House Judiciary Subcommittee will meet Tuesday to continue deliberations about the possible impeachment of Gov. Mark Sanford. The subcommittee expects to finish its work by a Dec. 9 meeting and will vote to recommend whether the full committee should consider the impeachment resolution.

If the subcommittee adjourns debate on the resolution, it stops the process. Regardless of whether the subcommittee votes to support the resolution, not support it or table it, the resolution will move to the full House Judiciary Committee for consideration.

To impeach Sanford, two-thirds of the full House would have to agree. The governor would then be suspended from office while the Senate serves as jury in the case.

Sanford also faces possible civil and criminal charges.

See our special section on Governor Mark Sanford

The State Ethics Commission will hold an administrative hearing, likely in January, to be presented with witnesses and evidence on the allegations that Sanford committed 37 ethics violations.

The commission produced a more than 1,000-page investigation report used to find probable cause against the governor for alleged wrongdoings related to his air travel and about $3,000 in campaign reimbursements.

Attorney General Henry McMaster, who is running for governor in 2010, is reviewing the ethics investigations for possible criminal charges, but he has not given any indication about when he will make his decision.

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