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News - SC Politics

Thursday, Dec. 10, 2009

Panel votes to censure Sanford, but against impeachment

- joconnor@thestate.com
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House lawmakers Wednesday rejected a measure to impeach Gov. Mark Sanford, making it unlikely the governor will be removed from office.

However, the special House impeachment panel approved an official rebuke - or censure - of Sanford for bringing "ridicule, dishonor, disgrace and shame" on the state, its citizens and the governor's office.

Sanford has been under scrutiny since June, when he returned from a clandestine five-day trip to Argentina and admitted an extramarital affair. Media, the State Ethics Commission and lawmakers have spent the past six months reviewing Sanford's use of state aircraft, business-class airfare and campaign funds.

  • Story:
  • Gallery: Panel elects to censure Sanford
  • Link: Read the full censure resolution
  • survey:

    Do you think the legislative panel made the right decision in voting against impeachment for Gov. Sanford?
  • How they voted

    The seven-member House impeachment panel unanimously voted to censure Gov. Mark Sanford after failing to muster the votes to advance an impeachment resolution.

    'YES' TO IMPEACHMENT

    Rep. Greg Delleney, R-Chester

    'NO' TO IMPEACHMENT

    Rep. James Harrison, D-Richland

    Rep. Jenny Horne, R-Dorchester

    Rep. Walt McLeod, D-Newberry

    Rep. Garry Smith, R-Greenville

    Rep. James Smith, D-Richland

    Rep. Gregory Weeks, D-Sumter

    What's next?

    Members of the General Assembly are on track to censure the governor - in other words, to formally express disapproval of Gov. Mark Sanford's actions.

    Censure vote: The full Judiciary Committee will meet next Wednesday and will have a chance to take up the impeachment and censure resolutions. The full 25-member committee still could vote on impeachment. But it is unlikely to do so because of the unfavorable opinion on impeachment issued by the impeachment panel.

    Ethics hearing: A panel of the State Ethics Commission will hear testimony in early January on 37 ethics charges against Sanford. The impeachment panel excluded from its consideration 32 of the 37 charges that alleged Sanford used state planes for personal and political trips, bought against state law pricey commercial airline seats and misused campaign money. But the Ethics Commission still must act, and Sanford could face $74,000 in fines.

    Criminal charges: Attorney General Henry McMaster has yet to say whether any of the ethics charges also could result in criminal charges.

    The case against Sanford

    Now that impeachment is essentially dead, what remains is an ethics case. Sanford faces 37 charges to be heard by a three-member panel of the State Ethics Commission in January. Here is what the Ethics Commission charged Gov. Mark Sanford with last month.

    18: Counts in which Sanford flew first- or business-class in violation of state law, which requires an urgent reason to use a pricey ticket. Most of the flights were to Europe, Asia and South America, including a 2008 trip Sanford extended so he could see his Argentine lover.

    10: Counts in which Sanford used almost $3,000 in campaign money to pay for personal expenses, which is barred by state law. The largest single expense - $864.90 in November 2008 - was to attend a Republican governors meeting in Miami and a hunting trip in Ireland.

    9: Counts in which Sanford or family members used state aircraft for political or personal travel, which is barred by law, including flying to GOP events in Anderson and Greenville and the Aiken birthday party of a campaign contributor, and flying from West Virginia to Georgia for a vacation.

    Censuring Sanford

    Highlights of the censure resolution that a House panel passed Wednesday, condemning the two-term Republican for his behavior

    Whereas, Governor Mark Sanford was absent from the State of South Carolina and from the United States from Thursday, June 18, 2009, until Wednesday, June 24, 2009 ... for reasons unrelated to his gubernatorial responsibilities; and

    Whereas, the Governor directed members of his staff in a manner that caused them to deceive and mislead the public officials ... as well as the public of the State of South Carolina as to the Governor's whereabouts; and

    Whereas, the conduct of Governor Sanford ... has also brought dishonor, disgrace, and shame not only upon Governor Sanford but upon this State and its citizens which rises to a level which requires a formal admonishment and censure. Now, therefore,

    Be it resolved ... That the members of the South Carolina General Assembly, by this resolution, hereby censure Mark C. Sanford, Jr., Governor of South Carolina, for dereliction in his duties of office as Governor and for official misconduct.


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Wednesday, the governor said 37 pending State Ethics Commission charges amounted to - at most - minor and technical oversights.

While Sanford's offenses were called "seriously stupid" - the words of state Rep. Garry Smith, R-Greenville - six of the seven impeachment panel members agreed they were not impeachable.

"We can't impeach for hypocrisy. We can't impeach for arrogance. We can't impeach ... for his lack of leadership skills," said committee chairman state Rep. Jim Harrison, R-Richland, arguing there were not grounds to remove Sanford from office.

In Charleston, Sanford thanked the panel for its work and pledged to finish strong before leaving office in January 2011, citing recent announcements by big employers - including Boeing and Crane - that they would create thousands of jobs in South Carolina.

"These last five to six months have been tough for everyone involved," he said, according to The (Charleston) Post and Courier. "There were days in the last five months when I could barely get out of bed."

In a separate written statement, Sanford said he believed the Ethics Commission would dismiss the charges against him.

"What has been suggested with regard to supposedly not watching out for the taxpayer was just not correct," Sanford wrote, "and that if there had been any oversight, it was minor and technical in nature."

Working mainly from public documents, news reports and voluntary written statements, the House committee did not invoke its subpoena power to call witnesses or speak directly with Sanford.

Only state Rep. Greg Delleney, R-Chester, voted in favor of the impeachment resolution he co-sponsored. Delleney attacked Sanford's conduct, saying he had abandoned and forsaken his office and state when he left for Argentina, adding his conduct was indefensible.

Impeachment is a political process, Delleney said, and lawmakers determine whether a governor's conduct reaches the standard of "serious" misconduct or crimes required for removal by the state Constitution.

"He has lost all moral authority to lead this state," Delleney said. "He has lost all trust. He has lost all respect. ... He has no ability to lead this state."

But the impeachment panel's six other lawmakers disagreed, worrying that to impeach Sanford on the grounds cited would lower the high standard required to remove someone from office. Many sided with arguments by Sanford's team of attorneys, who noted the only two governors recently removed from office had been indicted for felonies.

Most previously had called for Sanford to resign.

But state Rep. David Weeks, D-Sumter, said lawmakers should be leery of essentially overturning the results of Sanford's 2006 reelection with impeachment.

"We need to be real careful how we open that door," Weeks said.

One lawmaker, state Rep. Jenny Horne, R-Berkeley, broke down talking about the state's "six months of national humiliation" while reading her statement. She later said she was affected by how Sanford's family has been impacted by the impeachment hearings.

"There's not as much focus on the personal pain that brought about this situation," Horne said.

Democrats chided Sanford and House and Senate Republicans for failing to lead despite being the state's dominant political party.

"Governor Sanford certainly deserved the stinging rebuke he got from the House subcommittee," S.C. Democratic Party chairwoman Carol Fowler said in a statement. "Neither he nor the Republicans in the House and Senate seem able to do anything to move this state forward. South Carolinians have long since given up on Sanford's failed governorship; the best we can hope for is that he won't cause our state any more embarrassment."

While Wednesday's vote was a clear victory for Sanford, he still faces potential punishment.

Attorney General Henry McMaster is weighing whether to press criminal charges or hand the matter off to a local or federal prosecutor.

Sanford also faces a January State Ethics Commission hearing on 37 ethics charges that could carry up to $74,000 in fines.

The full Judiciary Committee also could revive the impeachment bill when it votes on it next Wednesday. But Delleney admitted it was a long shot.

"It will be difficult, but I'm not giving up," he said. "This is a political process. The political will is just not here.

"I'm prepared to accept the consequences," he added, saying he did not know how fellow lawmakers will react to his continued push for impeachment.

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