To disclose, or not to disclose - that is the question
KELOland is reporting tonight that tomorrow will bring the hearing where State of SD attorneys and Representative Roger Hunt will argue whether or not Roger creatively found a loophole, or improperly avoided state law on donor reporting:
Not passing judgment on the morality of it, but given the state of South Dakota's previous campaign finance laws, I think it is entirely possible that Roger was within the law to do it in the manner he did.
Hunt, a long-time anti-abortion activist, has said the person is a South Dakota resident who wants to remain anonymous out of fear of possible violence.Read it all here.
and...
The state says Hunt's corporation must identify the person, but Hunt argues it's not a ballot question committee and is not required to file campaign finance reports.
Not passing judgment on the morality of it, but given the state of South Dakota's previous campaign finance laws, I think it is entirely possible that Roger was within the law to do it in the manner he did.
Comments
I need to try and remember the whole setup of the corp. Not that i know all of that, that is why lawyers are used. There are many different types of corporations.
According to Roger Hunt and the rest of the GOP boobs in Pierre, campaign finance laws are reformed only to increase the difficulty for Democrats to get elected. Public accountability be damned.
Is Hunt's lawyer one of the Kirbys? That would be appropriate, wouldn't it?
Elephant, not donkey. You know, that whole political symbolism thing.
Pat, you know I kid because I love.
Todd
-lexrex
At the same time, please recall that Long's office is defending the state in the Argus Leader Pheasant Hunt case.
You can discuss ethical or integrity, but one thing is certain that a law has not been broken.
Even the prosecuting attorney today admitted that the loophole had to be fixed this past session. If there was a loophole that was found there is no law broken.
Ethical? Moral? That can be discussed, but whether or not the law was broken has already been decided and that is a NO!
I'm also curious, but what are the laws regarding confidentiality of clients? Since we know that there is only one donor isn't there some kind of law in place that protects the clients privacy?
Does anyone know?
You might want to go back to preschool and refresh those counting skills. The law says two or more people contributing to a ballot measure are a ballot question committee. And ballot question committees are required to say who donated how much.
Roger tried to get around that law by creating a one-person corporation. But that money still came from somewhere. Hunt and the donor are two people so that means they broke the law.
Why do you want the good people of this state to remain in the dark on the people involved in issues that will impact their lives?
I'm not wanting anyone to be in the dark, but call it what it is.
I asked what law was broken and you falsely accused there of being 2 people. Roger is representing his client, which is ONE person. You even said in your post it was THE donor, which means there was only ONE person giving the money.
Here is what I saw in regards to this one another blog this morning.
"He (Roger) acted in the matter of the donation as a lawyer for a client. He is required to keep his client's confidentiality unless the client is breaking the law. The nub of this issue is whether the client broke the law. Until that is decided, Hunt can reveal nothing his client does not authorize him to."
This also answers my previous question of whether or not Roger is even allowed to release the name of his client.
Like I said previously, you can talk about ethics and morals all you want. I'm not saying this should or shouldn't have been done, but this case is whether or not a law was broken.
I guess we are just going to have to wait for the judge. :)
But can Hunt claim attorney/client privilege? I doubt it. Who is Hunt's client? The corporation, or the donor(s), or himself as president of the corporation? I don't believe he can be the president of the corporation, the corporation's attorney, and also the donor(s) attorney and claim privilege for everything. The court will sort that out, but I don't even think Hunt is making that ridiculous argument.
Hunt violated the law, and will have to disclose the donors.