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S.C. high court says Sanford ethics probe is public

By The Associated Press
11.07.09

COLUMBIA, S.C. — South Carolina's Supreme Court ruled Nov. 5 that an ethics investigation into Gov. Mark Sanford's travel can be made public, clearing the way for lawmakers considering impeachment to review a report on the probe.

Sanford's lawyers had tried keep a report on a criminal investigation by the State Ethics Commission from being released to the state House of Representatives as leaders there decide whether to go ahead with impeachment efforts. They argued Sanford should have a chance to respond to the report first.

The commission's investigation began after Sanford returned from a five-day rendezvous with an Argentine lover in June that prompted investigations by the Associated Press into his travel practices. The AP found Sanford used state airplanes for personal and political purposes; used pricey commercial travel despite a state low-cost travel requirement; and didn't report private plane trips given by friends and donors.

Sanford spokesman Ben Fox referred questions to the governor's lawyers. Those lawyers said they wanted the public release of a complete ethics report when it is complete.

"We believe that once all of the facts and the complete story are on the table, people will see that this administration has consistently been a good steward for the taxpayer," said a statement released by Sanford lawyer Butch Bowers. He said he wouldn't comment beyond the statement.

Ethics Commission Director Herb Hayden said he was awaiting some final information from Sanford's lawyers before finishing the report to give to the commission. He said he expected the commission would decide whether formal charges involving Sanford are warranted when it meets Nov. 18.

However, Hayden said he wouldn't release the report until after the commission approves it and Sanford's lawyers have exhausted any appeals. If the commission moves forward with charges, he said, the public will see those details after the November meeting.

Lawyers for the House had asked the court to order the commission to give it the report. The court refused that request, saying the House had other ways of obtaining the investigation details.

The governor said shortly after the investigation began that he would waive confidentiality rights, but his lawyers later argued he only intended to allow the scope of the investigation to be released. However, the court found the Republican governor had waived rights to confidentiality unconditionally in an Aug. 28 letter to the Legislature. The letter also said Sanford was "fighting for transparency," and that travel documents would support his frugal record.

That statement, the high court said, indicated "his intent was to waive confidentiality without limitation." The court said Sanford's confidentiality waiver meant that nearly everything generated by the commission would be public.

House Speaker Bobby Harrell has said lawmakers would not move forward with impeachment discussions until they reviewed the investigative report.

"It looks like now we will have access to this reporting of the facts," Harrell spokesman Greg Foster said.


Related

Most governors happy to divulge whereabouts after Sanford scandal

Personal time becomes public business in emergencies or, as in the case of South Carolina Gov. Mark Sanford, unexplained absences. 06.30.09

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