THURSDAY WITH THIGPEN: Ethics charges against Sanford and impeachment

Thursday with Thigpen – 11/26/09

By Joseph Kasko

Media General Columbia Bureau

COLUMBIA – Every Thursday Dr. Neal Thigpen provides his insights on the week’s top political stories. Today we discuss the ethics charges against Gov. Mark Sanford, the continuing possibility of impeachment, and Attorney General Henry McMaster’s dilemma of prosecuting the governor criminally.

QUESTION: This week the State Ethics Commission released its report detailing the charges against Gov. Sanford for violations of state ethics laws. The report listed 37 charges against Sanford, including using state airplanes for family trips, flying first class (instead of coach, as state law requires) on state travel, and spending campaign funds on personal travel. What’s your reaction to ethics panel’s findings?

ANSWER: It’s almost as if practically nothing escaped their view … 37 (charges) … that was a right, heavy load … now he’ll get an opportunity to answer those (charges)…before the ethics committee…and he’ll get an opportunity to rebut those charges …I ’d be inclined to take the viewpoint of some of the governor’s spokesmen and attorneys…that the charges are really not that severe…even if all 37 were proved to be accurate…that they constitute…minor violations, technical violations of the law…and some of it could be attributed to bad bookkeeping…ordinarily what you would find…he would be fined…but how’s it going to sit with the public…some of this looks to be nitpicking…so I don’t know whether it could create some degree of sympathy for (Sanford)…these charges would seem…to the fair-minded person to be minor violations…and I think it could create a bit of sympathy for (Sanford).

QUESTION: The S.C. House Judiciary Impeachment Subcommittee held their first hearing, on Tuesday, considering the possibility of impeaching of Gov. Sanford. Members of the house panel have said they need more information about the governor’s secret trip to Argentina, including sworn statements from his staff, before they can determine if Sanford should be impeached. The impeachment resolution must pass the subcommittee and then pass the full Judiciary Committee, before being sent to the House floor for consideration. Two-thirds of House members would have to agree to pass the resolution and try Sanford in the Senate. Then two-thirds of senators would have to agree to convict the governor and remove him from office. Now that the ethics report has been released, how do you think lawmakers will proceed with the impeachment issue?

ANSWER: In that subcommittee, they could add additional charges and create another article (for impeachment) that would deal with these various allegations…by the ethics committee…but you just don’t know…they seem to have gone ahead and are proceeding on the basis of the one resolution that has been filed for impeachment on the grounds of being absent from his duties…they may be able to get something out of this subcommittee…but I’m not so certain that they can get the 83 votes that they need out of 124 to impeach the governor on whatever grounds…there was a time when I thought the 83 (votes) could be gotten, regardless of what the articles would include, but I’m not so certain now…a two-thirds vote of any legislative chamber is a very, very difficult threshold…and I just remain skeptical at this point…that they could get the votes.

QUESTION: The decision to prosecute Gov. Sanford criminally now rests with S.C. Attorney General Henry McMaster. There are some interesting politics at play here, because McMaster is running to replace Sanford as the state’s next governor. Additionally, if Sanford were to be removed from office, McMaster’s GOP gubernatorial rival, Lt. Gov. Andre Bauer would be elevated to governor. Some critics have expressed concern that politics may trump McMaster’s decision to prosecute Sanford. However, state law allows the attorney general to remove himself and appoint a special prosecutor to handle the matter. What do you make of this situation?

ANSWER: It’s delicate for Henry (McMaster)…he’s not sitting in a very advantageous place, perhaps, for his future…so he’s got to be very careful with it…if indeed he would appoint a special prosecutor…I perceive that a lot of people in the state would feel like he’s ducking (the issue)…he has an obligation to peruse the charges…and if indeed there’s action against the governor…of a criminal nature to be taken…(McMaster) better take it, regardless of how it impacts his own future as an aspirant for the Republican gubernatorial nomination…I don’t think he can skirt around (this issue)…he’s got to face it squarely and that’s what the people of the state expect him to do.

Dr. Neal Thigpen is a longtime political analyst and former political science professor at Francis Marion University, where he served as chairman of the department for 25 years. Active in state and local politics, Thigpen has served numerous times as a delegate to both the state and National Republican Conventions. We talk with Thigpen every week to discuss the latest in South Carolina politics.

Media General Columbia Bureau intern Joseph Kasko can be reached at or (843) 254-2274.