ALAN WILSON’S GRAND JURY INVESTIGATION CAN GO ON … FOR NOW
With a bare minimum of comment, the S.C. Supreme Court deflected a request from S.C. Attorney General Alan Wilson for a “writ of supersedeas” in the case against powerful S.C. Speaker of the House Bobby Harrell.
Wilson had sought the writ as part of his appeal of a lower court ruling endeavoring to shut down his grand jury probe of Harrell’s alleged public corruption.
Yet while deflecting Wilson’s specific request, the court correctly ruled that the investigation of Harrell can continue pending the Attorney General’s appeal.
“The order on appeal is automatically stayed,” the court’s five justices wrote unanimously, referring to the lower court ruling.
Two weeks ago, S.C. Circuit Court judge Casey Manning ruled that Harrell’s public corruption case could only be heard by the S.C. House Ethics Committee – a legislative cover-up panel which is comprised of members subject to the direct authority of the Speaker. Manning ruled similarly two years ago when compelling evidence of criminal activity involving S.C. Gov. Nikki Haley was uncovered: He sent the evidence to a jury of the governor’s peers (who returned predictable results).
However in this case, Manning’s ruling was allegedly issued under duress – despite Wilson making it clear his probe had uncovered likely criminal activity beyond what has already been alleged in public complaints against the powerful Speaker.
Oh, and despite the fact Manning was the judge who signed off on the grand jury investigation in the first place …
Harrell is in hot water for a variety of abuses. For starters he reimbursed himself more than $325,000 from his campaign account for dubious flight-related expenses (Harrell is a pilot). In fact he has effectively admitted his guilt by returning $23,000 of these reimbursements – although a proper accounting of his flight-related costs would require him to reimburse tens of thousands more.
Harrell also stands accused of applying improper pressure on the S.C. Pharmacy Board and the S.C. Department of Labor, Licensing and Regulation (SCLLR) on behalf of his pharmaceutical business – using his official letterhead, no less.
Oh, and his political action committee is also under scrutiny for allegedly misappropriating and misreporting funds – including an effort to force taxpayers to pay hundreds of millions of dollars on an unnecessary transportation project.
And again … that’s just the corruption we know about.
While Wilson is the winner in this ruling, we don’t expect him to prevail when the S.C. Supreme Court ultimately decides this matter. After all, Harrell was instrumental in securing S.C. Chief Justice Jean Toal’s recent reelection – and most expect she will fulfill her end of the quid pro quo by upholding Manning’s ruling and referring Harrell’s corruption case to his hand-picked cover-up committee in the S.C. House.
40 comments
Well Wilson better get on the stick and get that indictment done. Once that is done, Harrell must step down while it is going to court. Once he steps down, all power is gone and he would most likely be toast.
He has to step down when the indictment is filed, is that the rule?
State law says if an elected official is indicted, they are automatically suspended from office pending the court ruling.
And the Governor gets to appoint a replacement presumably. Sorry for all the questions, I missed seeing this…anyone?
Looks like Eunuch Michael is going to get a new gig
Was he born that way or did Nikki rip ’em off?
Depends on the office. Speaker, no. That is elected by the House members. I also do not think a governor can appoint anyone to the house or senate at the state level. His seat would be vacant while he is suspended pending the guilty or innocent. Most step down though, ie Ken Ard.
Does this mean Wilson can subpoena documents to review as well as witnesses under oath (deposition)?
Right now, yes. The Grand Jury is still kicking based on this ruling.
“I can call forth monsters from the vasty deep”
“Ah, but do they *come* when you call?”
That will be interesting… I wonder whether subpoenas for documents will be contested.
It sounds like the best move for Wilson and SLED is to put the investigation into overdrive and accumulate as much evidence as possible so that a criminal investigation will be justified regardless of the ETHICS ruling (if they haven’t already done so)
SCOOTER SCOOTER SCOOTER donchall know that Bobby is pure as the driven snow, open, honest, transparent, ethical, the highest integrity, honorable, and the kind of guy you would like to have your daughter marry?
–anonymous
Hey man, you can’t just take someone’s job away from them.
Hmm, there is a foul smell in the wind blowing over from the Supreme Court
Is there a chance that the members of the Supreme Court are beginning to realize that Czar Bobby is on the verge of castrating the Judicial Branch of Government in the State of South Carolina – forever
Or the foul smell could be billowing off the rotting decaying body of Chief Justice Toad as she skates up and down the halls of the Court screaming Bobby I Love You, Bobby I Love You
Jean Toal arranged for Alan Wilson to get a paycheck during his run for office from her “family” law-firm, Mitch Willoughby, et al.
will wonders never cease??? this is amazing! Definitely a call for Wilson to put up or shut up.
To affirm this one, the SCSC will have to duck the SC Constitution issue.
Rainey vs. Haley was correctly decided. A private citizen can not sue a sitting official for corruption, no matter how blatant . But to say this means that the SC AG cannot investigate allegations of violation of a criminal statute, because the SC Legislature has administrative remedies for ethics violations, is silly. Can the Ethics Committee put Mr. Harrel in jail? No.
This will be interesting. What does the SCSC care more about? The “supremeacy” of the judicial branch, including the AG, over the pack of clowns in the Legislature, or protecting Harrell?
4-1 for Bobby.
(Bet Blago wishes he had been in SC instead of Illinois. He’d still be snapping necks and cashing checks…)
Yep. I agree. Toal absolutely controls Beattie, Hearn and Kittridge. Pitiful and pathetic situation in that building.
….and the nuts and bolts of the Graham and Scott and Clyburn donors get squeezed again…!!
Wilson can squeeze all he wants too but the real “churning” makes the butter to be “SOLD”…!!
…..meanwhile the Post and Courier conference room gets “testy”…!!
We wonder how a VFW members question could link a “subcontractor” to a Graham email to a “Veteran” sitting in a Mexican jail right before a June “pumpkin”…!!!
…..but alas, Wil Folks fails to get a phone chat…..
Toal has this case EXACTLY where she wants it, making her the most powerful politician in the state. With McConnell gone, Leatherman just tettering on sanity, Haley busy campaigning and she now owns Harrell, lock, stock and barrell.
This is her life’s dream. She can’t control Pleicones, but the other 3 are too stupid to even realize what is going on.
I take back the dishonest used car salesman remark.
This will tell me if Toal *is* a corrupt good old boy like everyone has been saying (hit and run Toal) – or if it’s just partisan bs. If she lets Harrell off, the entire nation will see her as corrupt to the core.
Go ahead and pop the popcorn.
And bottles of brown liquor – her favorite.
Thank God…no one really gives a $#!* what you and FITS thinks. Let the law take its course…and live by it. I wish Obama would have to face the consequences for just ONE-HALF of the offenses he’s committed. If he were white and R, he’d be spit out of office by now. And you’re an idiot, if you don’t agree w/ that…
To me: This Harrell ruling is a BIG BLOW to FITS and all you whining and mouth-running Dumb@$$#$…All your claims about a cover-up look stupid….
How’s that Benghazi hearing coming along? Yep, impeachment’s on its way!!
Ruh Roh!
The Court’s decision will be interesting. Toal is undoubtedly with Bobby. She owes him for life. Kittredge is a political whore who wants to be the next Chief Justice. He’s with Bobby. Hearn and Beatty have already said in the Nikki Haley case that the AG can bring an action so you would think they are boxed in for Alan Wilson. (But it will not surprise me if they change their minds because they are bigger legislative butt-kissers than even Kittredge.) Pleicones is probably with Wilson because he is the one guy on the court who follows the law and it is ludicrous to take Bobby’s position. It should be a 3-2 decision for Wilson IF Beatty and Hearn have any integrity. But they don’t. so….
4-1 for Bobby. Book it Dan-o
Kittredge has no chance of being the next chief justice. He has a few Holy Roly types (Mike Fair) all into his right wing religion and politics, but the majority of the legislature thinks he is a wing nut. Hearn and Beattie will kill each other for the position. More than a few have buyer’s remorse about voting for Toal.
“Speaker Bobby Harrell fired back Tuesday, saying that Attorney General Alan Wilson should appoint a special prosecutor to look into what he calls the attorney general’s own potential Ethics Act violations. …Wilson had accepted thousands in over-the-limit campaign contributions and that amendments to his campaign finance reports showed dozens of previously undisclosed donors. Wilson’s campaign has been amending reports and returning contributions that were over the limit, including a lobbyist’s contribution.”
….”If he actually believes what he wrote in this filing, then he himself is guilty of over 30 criminal violations, including accepting money from lobbyists, accepting money above the legal limit and failing to report a number of items,” Harrell said. “He ought to have a special prosecutor take a look at this.”
BAM! …BA-BAM!….BA-BA-BA-BAM!….
Harrell’s lawyers have said his case should be dealt with by the legislative panel. In a statement issued Thursday, the speaker reiterated his view that Wilson’s actions were politically motivated and said he planned to ask the high court to order the prosecutor to stop his investigation while the case is on appeal.
“This clearly displayed bias by the Attorney General would taint any further investigation conducted by him on this matter,” Harrell said. “Lacking a fair and impartial prosecutor handling this matter, we are filing a motion asking the Supreme Court to stay any further investigation by the Attorney General until this appeal process is finished.”
So what if Wilson’s actions were politically motivated?
Bobby has committed ethics violations: see the return of the poorly documented (like Robert Ford and Theo Mitchell) money to his campaign acct. for what it is, an admission of same, unintentional he claims. That doesn’t mean he gets any more of a pass than Ford or Mitchell.
If there is a possibility that crimes have been committed, any attorney general is mandated to investigate (too bad Alan didn’t with Trikki. There may be a handful of children who would still be alive.)
I don’t think anything that Wilson has done looks nearly as biased as the lauded former US Attorney Patrick Fitzgerald’s news conference announcing he was charging Blago
Good!Get rid of both of them!
These two”legacy” officeholders have done nothing for anyone but themselves.
Replace Harrell with another insurance hustler and Wilson with another “Gentleman C” law school grad who flunked the bar exam once.
No one will notice they are Gone!
Speaker Harrell’s lawyers have said his case should be dealt with by the legislative panel. In a statement issued Thursday, the speaker reiterated his view that Wilson’s actions were politically motivated and said he planned to ask the high court to order the prosecutor to stop his investigation while the case is on appeal.
“This clearly displayed bias by the Attorney General would taint any further investigation conducted by him on this matter,” Harrell said. “Lacking a fair and impartial prosecutor handling this matter, we are filing a motion asking the Supreme Court to stay any further investigation by the Attorney General until this appeal process is finished.”
Mr. Harrell, for the harm you’ve done to the rest of us, abusing your power and dodging the law, I wish you a sleepless, angst-ridden Memorial Day weekend. May your string and your luck run out someday soon.
The State is asking today if Toal and/or Pleicones will recuse themselves from this case. Toal is not leaving this mess in this lifetime. If she does, it will only be after she has her 3 pigeons (Beattie, Kittridge and Hearn) on board to vote exactly as she tells them to do.
Wilson needs to get his hands on all of Harrell’s financial records. And I mean every last stinking one of them, including his bank transactions and deposits in both his personal and individual capacity, his political capacity, and his business capacity; including that of his son’s, his wife’s, and anyone else that is closely associated with him. We all know how crooked con-artist work. They will also use others to handle the money for them.
Smiles and charm or not, Harrell and his cronies will stop at nothing to remain free from prison. Do NOT put anything past this criminal enterprise that Harrell leads.
Bobby, Goddammit, I am down here at my 4 million dollar Isle of Palms front beach, beach house my daddy gave me and where the f*&$^ are my shrimp and all the fixin’s. And I need more liquor. Brown liquor.
No, you owe me, BITCH. Not the other way around.