February 8, 2012

SC Supreme Court allows legislature into ethics case

Gov. Sanford, at a recent press conference, called into question the Ethics Commission's handling of his case

The South Carolina Supreme Court has allowed the state House of Representatives to join the state Ethics Commission in opposing a petition by Governor Mark Sanford.  At issue: whether the legislature should be allowed to see the commission’s report on the governor’s travel spending and behavior.  The commission is investigating Sanford’s business travel, along with his absence from the state to visit his mistress in Argentina in June. A report will go to the state Attorney General.

Speaker Bobby Harrell, on the behalf of the SC House, filed a petition today to intervene in the case on the behalf of the Ethics Commission. the Supreme Court quickly granted that request.

The governor contends that he won’t get a chance to respond to any allegations against him. House Speaker Bobby Harrell disagrees:

Listen to statement:  Harrell says the ethics investigation will not be one-sided :36 MP3

The governor’s attorney contends that the House is not aprosecutor in this case. Harrell says the House has to be, because the investigation may result in impeachment.

The state Ethics Commission report is not expected until later this month. The commission Monday asked the state’s highest court to dismiss Gov. Sanford’s arguments altogether.

Former Sheriff Wells and other officials indicted

Former Union County Sheriff Howard Wells and four other men in Union County have been indicted by a federal grand jury on charges ranging from public corruption to drug distribution.

Wells is charged with lying to federal investigators and witness tampering. US Attorney Walt Wilkins says the indictment is the result of a corruption probe that sent former Union Mayor Bruce Morgan and former Union Building and Zoning director Jeffrey Lawson to federal prison.

Wilkins says the charges against Wells are not directly connected to those against the other men.

If convicted, Wells faces a maximum possible sentence of 45 years in federal prison and a $750,000 fine. Wells is accused of making sizable loans to a person and receiving significant interest as a result.The indictment accuses Wells of making false statements to FBI agents this past March concerning his involvement in concealing his receipt of taxable interest income. The indictment also charges that in April Wells engaged in witness tampering by corruptly persuading someone identified as “J.G.“ to mislead the federal investigation and to induce that person to “alter, destroy, mutilate and conceal an object important to the official proceeding.

[Read more...]

Question in “water wars” case gets hearing

 BREAKING NEWS UPDATE

The U.S. Supreme Court has postponed arguments in a dispute over water between North Carolina and South Carolina. The court said Monday the delay is due to an illness in the family of a lawyer who was scheduled to argue the case. The court has not set a new date for arguments.

 The U.S. Supreme Court began hearing oral arguments Monday from attorneys representing the state of South Carolina in the lawsuit against the state of North Carolina concerning the extraction of water from the Catawba River that flows from North Carolina into South Carolina. The arguments are centered on whether or not Duke Energy, the city of Charlotte and the Catawba River Water Supply Project should be allowed to intervene in the case on the side of North Carolina. The appointed special master in the case recommended months ago that the Court allow the intervenors to enter the case. When South Carolina Attorney General Henry McMaster objected to the recommendation, the hearing on the question was granted. [Read more...]

SC House files SC Supreme Court brief vs. governor

The Supreme Court will referee another bout of Gov. Mark Sanford vs. state legislators.

Speaker Bobby Harrell and the S.C. House of Representatives have filed a brief against Gov. Mark Sanford. The governor petitioned the South Carolina Supreme Court last week to prevent the state Ethics Commission from releasing preliminary information pertaining to his travel records. The legislature wants to review the findings; the governor says he is entitled to a response first.

Today, the House has requested to become a party to the lawsuit started by the Governor. Speaker Harrell says, “This issue is too important for us allow it to be done in secret. If the Governor succeeds in breaking his promise to keep this process transparent, it will cause all of this to drag on and on. It is time to get this behind us and move on.”

Read Harrell Petition

Read memo in support of Motion to Intervene

Gov. Sanford waived the right keep the investigation closed to the public. Harrell asserts that the Commission’s investigation should serve as a basis the legislature uses to gauge actions it may deem appropriate.

At issue is whether the legislature serves a “prosecutorial body” in this investigation, having the right to review the evidence. Some legislators say they can because impeachment could result from the probe. The governor’s attorney, Butch Bowers disagrees.

Lowcountry company faces lawsuits for breach

A North Charleston company is facing another lawsuit over a project to transform the northern end of the former naval base. The civil lawsuit alleges that the non-profit Noisette Company breached three different contracts with a Lowcountry engineering firm.

The Post and Courier of Charleston reports the firm, Davis and Floyd Incorporated, filed the lawsuit seeking more than $875 thousand in payments. This money would be for the drainage and sewage work they conducted at the site on the former navy base in North Charleston. The navy base is part of the historic Noisette community.

The company is also facing another lawsuit from the Capital City Insurance Company for worker’s compensation insurance issues. Capital City is seeking more than $14 thousand in that suit. Noisette denies owing the large amounts of money. Noisette is a foundation formed to improve the North Charleston community.