Our Grammar-Challenged, Lawbreaking Governor

by: michaelrodgers

Tue Jun 09, 2009 at 11:34:36 AM EDT

Gov. Mark Sanford misunderstood the ARRA and decided to break a state law.  That's what South Carolina's stimulus saga was about. 

It wasn't about a power struggle between the Governor and the Legislature, and it wasn't about money.  It was about Gov. Sanford's actions to break rules of grammar and rules of law.

Gov. Sanford participated* in the State's legislative process regarding the stimulus funds, and the Legislature overrode his veto.  That's when the Legislature's involvement ended and when the Governor's actions to break rules of grammar and rules of law began.

Have you no sense of decency, Governor? At long last, have you left no sense of decency?

by: Tim Kelly

Thu May 28, 2009 at 08:45:36 AM EDT

With apologies to Joseph N. Welch, it seems we're justified in asking if the "Governor" of South Carolina has finally lost any sense of propriety in his quest for personal power.

Two days ago, Mark Sanford and his free attorney made a big show out of refusing to respond to a state lawsuit "...originally filed by former S.C. Democratic Party Chairman Dick Harpootlian and former video poker operative Dwight Drake."

Less than 24 hours later - once it became apparent that the state Supreme Court would accept jurisdiction in the case and scheduled oral arguments - Sanford decided he better play ball anyway, and his attorneys asked to be made a party to the case.

The Court consented - with the condition that "...the Governor will continue to meet the requirements of intervention and joinder, including the requirement that his joinder not deprive this Court of jurisdiction over the subject matter of this action [emphasis added].

Just before the deadline of 5 p.m., Sanford broke that agreement and filed to remove the case to federal court.

Sanford spokespup Joel Sawyer told The State, “Our goal is to combine all of these cases into one action so it can be handled as quickly as possible.”

Yeah, right.

For his part, Harpootlian isn't buying it, and took Sanford to task for his deception:

"The Supreme Court allowed Governor Sanford to intervene after the deadline with the condition that he not deny them jurisdiction. He then denied them jurisdiction. This is conduct unbecoming of the Governor or any other elected official. Why is he running the Federal Court from state court when he has made a career out of condemning federal interference in state affairs?"

Another legislator and attorney I spoke with was more adamant.

"Basically, Sanford lied to the Supreme Court - I've never seen anything like it," said the legislator. "He's like a kid who lies, cheats and pitches a fit - anything to get his way. Regardless of what happens with this case, I think it's grounds for impeachment."

Federal Judge Joe Anderson has scheduled a hearing Monday on the Edwards case and a separate state suit filed against Sanford and education superintendent Jim Rex to decide whether to send those cases back to the Supreme Court.

"It's anybody's guess what Judge Anderson will do," said our legislative source. "But Sanford's done two things - he's moved us closer to the July 1 deadline to get the funds, and he's done serious damage to whatever hopes he has for running for President. You don't lie to a court and get away with it."

Stay tuned.

Sanford Asks to Join Case, Gets Hearing Cancelled

by: Tim Kelly

Wed May 27, 2009 at 16:55:29 PM EDT

Mark Sanford successfully petitioned the state Supreme Court to join the Edwards suit he said he wouldn't respond to - then promptly filed an action to have it removed to federal court, continuing his scheme to run out the clock past a July 1 deadline to secure the federal funds.

Oral arguments before the Supreme Court set for tomorrow have been cancelled.

Interestingly enough, when the Court this morning granted Sanford's request to join the case, this footnote was attached to the order:

We assume that the Governor will continue to meet the requirements of intervention and joinder, including the requirement that his joinder not deprive this Court of jurisdiction over the subject matter of this action.

More as it comes in...

UPDATED: Sanford's Logic More Twisted Than Ever, Now Wants To Intervene in Edwards Case

by: Tim Kelly

Tue May 26, 2009 at 20:01:53 PM EDT

Mark Sanford's response to a lawsuit filed by SCASA is to have it removed to federal court, stating that "...the governor’s counsel reiterates the argument that federal court is the appropriate venue for any suit related to attempts to compel the governor to apply for stimulus funds."

At the same time, responding to the second lawsuit filed in the Supreme Court, Sanford argues that the whole thing is about a purely state matter:

“Our suit is fundamentally about the balance of power and separation of powers in our state, and whether or not the legislature is going to be allowed to erode the Executive Branch even further in South Carolina,” Gov. Sanford said.

Say what? It's about the balance of power and separation of powers in our state, but we need to let the federal courts decide that? Come again? Sanford's hiring of big-time legal counsel apparently didn't include getting any professional public relations people on his side. The Ungov's press release on the matter includes this jewel:

The governor will not be responding to another suit originally filed by former S.C. Democratic Party Chairman Dick Harpootlian and former video poker operative Dwight Drake.

Yep, video poker has nothing to do with, well, anything, but let's throw that broadside in anyway, huh?

What a putz.

UPDATE:

UPDATED: Rex Files Answer to SCASA Stimulus Suit

by: Tim Kelly

Tue May 26, 2009 at 13:01:36 PM EDT

Education superintendent Jim Rex has filed his answer in a stimulus lawsuit filed by the SC Association of School Administrators.

In his response filed today, Rex agreed with SCASA that the General Assembly’s budget for next year is a valid law that the governor is required to follow.  Rex also said that his agency had completed the official application for the federal funds and that he had signed and delivered it to the governor for his signature.

UPDATE: Rex asserts that the stimulus act does not provide the governor with additional powers he does not posess under the SC Constitution:

The ARRA does not provide discretionary authority with the Governor of South Carolina where under State law such discretionary authority does not
exist.

Section 14005 of the ARRA, which addresses the State Application for the iscal Stabilization Funds, states, “The Governor of a State desiring to receive
the allocation under § 14001 shall submit an application at such time and in such manner, and containing such information as the Secretary may
reasonably require.”

Section 14005 of the ARRA does not create discretionary authority of the governor, it simply provides that the Governor shall provide the
administrative or ministerial function of applying for the funds, while acknowledging that the “State” has the authority to decide to draw down funds, in a manner established by state law.

In an optional filing, Rex also petitioned the South Carolina Supreme Court to accept the SCASA lawsuit under its “original jurisdiction,” meaning that it should bypass lower courts and go directly to the state’s highest court for a decision.

In the filing, Rex said the stimulus funds are essential for SC public schools:

Without these funds, additional jobs will be lost among teachers and other school and district staff, adding to what is already the highest unemployment rate ever recorded in South Carolina.Beyond the immediate, short-term impact on the state’s struggling economy,  long-term damage to the state’s efforts to reform and improve the education system will occur: class sizes will increase; course offerings will be reduced; innovative programs to close the achievement gap affecting poor, rural and minority students will be suspended or discontinued; the future educational and economic prospects for public school students will be diminished, all because of the inaction of and the willful disregard for the law of Defendant Governor.

In short, Defendant Governor’s refusal to act has both an immediate and a far-reaching impact on the public education system, the economic well-being of educators and staff and the educational attainment of students.

In a statement released today, Rex said “It’s important that we have a quick ruling because July 1 is the deadline for South Carolina to apply for the stabilization dollars. South Carolina taxpayers are going to have to pay back this $350 million regardless, so it should be spent here in South Carolina.”

We're attempting to get copies of the Ungov's answer both to the SCASA and the second lawsuit filed against Sanford by a Chapin High student.

Mark Sanford's Lawsuit: Irony or Hypocrisy?

by: Tim Kelly

Thu May 21, 2009 at 12:19:56 PM EDT

For a guy who's become a diehard teabagger, decrying the encroachment of the federal government on the states and individuals, Mark Sanford sure was quick to see the feds' help in his effort to defy state law.

Sanford's lawsuit on the stimulus is full of references "massive federal funds" and "onerous federal educational mandates." He's been all the country and the airwaves charging the federal government in general - and Congressional Democrats and President Obama in particular - of "fiscal child abuse" and creeping socialism. He's consistently thumbed his nose at federal law on things such as Real ID.

But now, like the petulant little boy he is, Marky has run crying to Mama Fed that the big bullies in the S.C. General Assembly are picking on him.

I promised my wife that I wouldn't cuss anymore on the blog, so in the spirit of Mark Sanford, let me just say that the governor of South Carolina is a pooh-pooh head.

Rex Responds to Sanford Lawsuit

by: Tim Kelly

Wed May 20, 2009 at 22:28:10 PM EDT

Superintendent of Education Jim Rex is among the first state political leaders to respond to news that Ungov. Mark Sanford is filing a federal lawsuit to continue his fight to reject stimulus funds.

"It's time for the will of South Carolinians to win out over this unbending ideology. This isn't an economics class. It's real life, and real people are hurting," Rex said.

"The General Assembly understands that, even if our governor doesn't. Governor Sanford is standing in the doorways of our schools while teachers are losing jobs and districts are cutting effective programs. Sadly, our students stand to be the big losers here," Rex said.

Stay tuned.