Sanford Leave of Absence Could Provoke Constitutional Showdown

by: Tim Kelly

Thu Jul 02, 2009 at 09:36:53 AM EDT

Unlike some people, we give credit where it's due around here.

FITS is reporting that Undone Gov. Mark Sanford is floating the idea of taking a 60-day "leave of absence" to try to weather his personal storm and stem the tide of calls for his resignation. (It takes real talent to mix metaphors this way, suckers!)

Obviously, Sanford has already take a "leave of his senses absence,"so perhaps this is the next logical step.

Constitutionally, Sanford could pull this off. Article IV, Section 12 of the state constitution deals with "disability of the governor:"

(1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.

(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.

Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office. (1972 (57) 3171; 1973 (58) 48.)

The risk for Sanford is that two-thirds of each legislative body decides he's not fit to return to duty in 60 days. I'm not clear on whether the legislature can call itself into session to impeach the governor, but they would certainly have an avenue to convene should Sanford take leave under this provision.

Something I had not considered before is section 2: that the Attorney General, Secretary of State, Comptroller General and Treasurer could declare Sanford unable to perform his duties.

We already know where Richard Eckstrom stands, and Henry McMaster would find himself in quite an uncomfortable position should someone attempt to use this avenue of further undoing the Undone Gov.

Sanford's people see treasurer Converse Chellis as a tool of the legislature, so one can imagine he wouldn't mind sticking a shiv in Sanford. 

Someone would have to remember who the Secretary of State is and then look up his phone number to get his vote. 

The other interesting part of that section is "...such other body as the General Assembly may provide." Presumably, the legislature would have to do this by statute, but could, for instance, the Speaker, the Speaker Pro Tempore, the President Pro Tempore of the Senate and, say, the Senate Majority Leader decide to invoke this clause?

If so, the legislature could avoid impeachment - which requires a trial on "serious crimes or serious misconduct in office" - and simply decide the governor is "unable to discharge the powers and duties of his office" on whatever basis they decide.

And you thought the stimulus battle was a consitutional showdown.

We Told You Sanford Was Crazy

by: Tim Kelly

Thu Jul 02, 2009 at 08:56:19 AM EDT

Nine days after the subject was raised on IJ, The State has decided it's safe to question the Undone Gov's mental state:

As the saga of Sanford and his Argentine lover continues, the public, the governor’s political rivals and some allies are speculating about the governor’s mental stability and whether he’s able to lead the state.

While mental health experts are reluctant to pin a diagnosis on the governor, their observations of his behavior suggest a chemical imbalance, narcissism and impulsive behavior.

Gosh, that sounds eerily similar to this:

...Joel Sawyer's assertion that the governor needed to "clear his head" is perhaps a bit more telling than Sanford's mouthpiece intended.

A medical professional who reads IJ frequently - and who stressed he is only a casual observer and asked not to be identified - says Sanford seems to be exhibiting signs of "a mental heath crisis."

"Cutting off all contact with family and co-workers, disappearing for days at a time, even, in essence, stealing an automobile - all classic examples of someone suffering a crisis," said the source.

Again insisting that he's not in a position to make a diagnosis, the doctor said the governor's behavior is indicative of narcissistic personality disorder (NPD).

 The State also says, "Aside from political operatives, the general public is weighing in on Internet message boards and around dinner tables, saying Sanford needs mental help."

Um, yeah, and, like, on this lowly blog, too. Thanks for the acknowledgement, Newspaper Guys.

Just remember: IJ said Sanford was crazy before it was cool.

Tallying the Calls For Sanford's Resignation

by: Tim Kelly

Wed Jul 01, 2009 at 10:22:29 AM EDT

The knives are increasingly out for the Undone Gov, and the calls for his resignation are coming fast and furious now. We'll use this thread to "keep score" as it were. If you see a legislator, newspaper or conservative talk show host throwing Sanford under the bus, post it in the comments here.

So far, here's what we have.

Republican Senators:

Seven GOP senators issued a statement/letter last night that not only called on Sanford to quit, but also sounds as if it could have been written by me. Example: ""We must have strong leadership from a Governor who is focused and trusted. Governor Sanford is neither." Signees include:

• Harvey S. Peeler
• Hugh K. Leatherman
• Thomas C. Alexander
  
• Paul Campbell, Jr.
  
• John M. "Jake" Knotts, Jr
  
• Larry A. Martin
  
• William H. O'Dell

In addition, Kevin Bryant and Larry Grooms are on record as wanting the Undone Gov's head. John Courson and Wes Hayes are said to be leaning that way.

Democratic Senators:

While most are just chuckling silently - having realized Mark Sanford was a loon before it was cool - Sen. Vince Sheheen has publicly called for the Undone Gov's resignation.

Republican House Members:

• Lanny Littlejohn
  
• Dennis Moss
  
• Steve Moss
  
• Eric Bedingfield
  
• Greg Delleny
  
• Carl Gullick

We're waiting to see if Joey Millwood will announce his decision on a mug.

Democratic House Members:

We know Todd Rutherford has gone public, and Boyd Brown has called for a state grand jury, and we're waiting for more.

Other Prominent GOPhers:

The biggest name is SC RNC member Glenn McCall, but two past executive directors of the state GOP, Jay Ragley and my old colleague Hogan Gidley, have also called for resignation.

Daily Newspapers:

The State urged him to stay before yesterday's relevations, but six others have editorialized against the Undone Gov (with links to their editorials):

• Greenville News
  
• Rock Hill Herald
  
• Aiken Standard
  
• Spartanburg Herald-Journal
  
• Orangeburg Times and Democrat
  
• Charlotte Observer 
• Sumter Item

Stay tuned.

Sheheen Calls For Sanford Resignation

by: Tim Kelly

Tue Jun 30, 2009 at 12:16:55 PM EDT

Senator Vince Sheheen, a Democratic candidate for governor, has joined those calling for the resignation of Undone Gov. Mark Sanford.

"As a husband and the father of three young sons, I am truly saddened about the challenges facing the Sanfords, and I wish them God’s blessings. Let me be clear: the Governor’s private failings are not the issue. But his failure in his public office and the repercussions affect us all,” Sheheen said.

“Every elected official holds a public trust,” Sheheen continued. “The Governor’s actions constitute a serious breach of that trust. If Governor Sanford were an employee in the private sector, I have no doubt he would have been fired by now. If he were a cabinet head working for this very Governor, he would have been forced to resign already.”

Sheheen said that at time when the state most needs leadership on the economy, Sanford has made the state a laughingstock.

"The governor’s office is a place for leadership, not a forum for self-healing," Sheheen said. "I believe Governor Sanford should take the only action that will allow South Carolina to move forward. He should resign his office. "

Sanford Admits More Lies About Mistress

by: Tim Kelly

Tue Jun 30, 2009 at 12:10:13 PM EDT

In an admission that raises further questions about his veracity and will almost certainly lead to more calls for his resignation, Undone Gov. Mark Sanford has admitted to the AP that he's met with his Argentine lover several more times that he's previously said:

In a lengthy, emotional interview with The Associated Press, the governor described seven meetings with the woman, including their first in 2001. Sanford says there have been five over a 12-month period, including two multi-night stays with her in New York.

It was the first disclosure of any get-togethers with her in the United States and contradicted a public confession last week during which he admitted to a total of four encounters in the past year.

While the Wild Bull of the Pampas insists that no public money was used to pay for the additional liaisons, it's become increasingly apparent that his word cannot be trusted.

UPDATED: Brown Asks McMaster to Reconsider Sanford Investigation

by: Tim Kelly

Tue Jun 30, 2009 at 11:50:58 AM EDT

Rep. Boyd Brown has sent a pointed letter to Attorney General Henry McMaster, criticizing the AG's decision not to empanel a grand jury to investigate Undone Gov. Mark Sanford's South American adventure.

"I believe we need to determine whether any members of the Governor's staff provided false information to law enforcement, a determination which is better made by a Grand Jury," Brown said in his letter dated June 29.

"The people of South Carolina and I are not willing to simply trust the word of a man who has admitted to not telling the truth on this very subject, and I would hope that you...would hold a higher standard of truth seeking when deciding whether to conduct an investigation than a press conference and a few media stories," Brown wrote.

Brown's letter exposes the tightrope Republican gubernatorial hopefuls are walking in regards to the Wild Bull of the Pampas. While some see Lt. Governor Andre Bauer as seeking to gain political advantage by working behind the scenes to force Sanford out, McMaster is subject to criticism that he's treading lightly with the Undone Gov to avoid giving Bauer the upper hand.

Brown pulled no punches in pressing McMaster to investigate despite the political consequences.

"Your unwillingness to look into this matter disappoints me and I certainly hope political considerations played no factor in your decision," Brown said. 

UPDATED:

The hazards of posting from a Blackberry is that half the time you leaving out half of what you've composed after previewing. So thanks to someone from the AG's office in contacting me to point out what I left out.

While it's true that McMaster is subject to criticism from all sides on a decision to investigate Sanford, McMaster has always shown the utmost integrity in public office. He's consistently made decisions based on the law, not political considerations. The battle over the stimulus funds - as well as over "dovetailing" - had political downsides for McMaster that he ignored in following the law.

Sanford Should Be Investigated

by: Carol Fowler

Tue Jun 30, 2009 at 10:04:02 AM EDT

Pardon Me While I Throw Up Now

by: Tim Kelly

Mon Jun 29, 2009 at 19:41:57 PM EDT

Last week, as you recall, I reversed myself on sympathy for Mark Sanford. Today I want to reverse myself again. The self-serving e-apology the Undone Gov has so nauseated me that I find it necessary to interupt an evening of drinking beer in Surfside Beach to respond:

Immediately after all this unfolded last week I had thought I would resign - as I believe in the military model of leadership and when trust of any form is broken one lays down the sword. A long list of close friends have suggested otherwise - that for God to really work in my life I shouldn’t be getting off so lightly. While it would be personally easier to exit stage left, their point has been that my larger sin was the sin of pride. They contended that in many instances I may well have held the right position on limited government, spending or taxes - but that if my spirit wasn't right in the presentation of those ideas to people in the General Assembly, or elsewhere, I could elicit the response that I had at many times indeed gotten from other state leaders.

I'm not entirely certain what this self-serving claptrap is supposed to mean, but I believe it is something along these lines:

I have, of course, been entirely correct in my approach to government during these last 7 years. Having been caught in an adulterous affair that's created headlines around the world, I now realize that God allowed me to be led into this temptation so that I may show lawmakers the error of their ways in a more humble manner.

This, though, isn't even the best part. The absolute kicker is the valuable life lesson he believes his children will learn from seeing their father not resign in scandal, but continue in his stellar political career:

"...the idea of redemption isn't something that Marshall, Landon, Bolton and Blake should just read about, it's something they should see. Accordingly, [his friends and supporters] suggested that there was a very different life script that would be lived and learned by our boys, and thousands like them, if this story simply ended with scandal and then the end of office - versus a fall from grace and then renewal and rebuilding and growth in its aftermath.

I hereby want to return to a previous post of mine - before we found out Sanford was the Wild Bull Of the Pampas - where a doctor friend of mine indicated that the Undone Gov might be suffering from narcissistic personality disorder.

You're right, doc. But we're the ones actually doing the suffering.