Tuesday, January 6, 2009

Status of Perjury Complaint To Be Reviewed Today

Keith Clark Lee County North Carolina GOP


One Single Piece of Paper May Trigger Local Scandal With Surprises

The complaint filled on late October will be the discussed by a senior official and myself today to access the status of the case. It is unlikely that much will be shared about what the board has found but considerable documentation will be turned over to the state board. Some of these raise issues of jurisdiction since some crimes may have been committed that are normally beyond the scope of election law. All election law violations are handled by the Wake County District attorney with investigations by the SBI.

During the "slower' December period significant time has been spent on the circumstances surrounding this case. Some have always thought it was a minor matter of a form, while others have thought that political influence would cause it to go away. They forget that the entire system of monitoring campaign finance is based on the voluntary and honest compliance of hundreds of campaign treasurers. The system collapses if deliberate falsification is treated lightly.

Based on what is now known, the case may explode into a much larger situation with an amended and highly detailed complaint being filed by a number of individuals. Given the Board of Elections subpoena powers and investigative support by the SBI, what once looked like a simple matter could become a major scandal.

The assumption that Steve Thomas may be offered immunity becomes less likely if the puzzle continues fitting together, and there were other means of confirming who brought the forms to him and may have suborned perjury. People are asked where and when they first heard the rumor and the answers are traced back. In this case they appear to go to almost one single source with whom Thomas shared the information. The famous question "What did you know and when did you know it" may result in significant legal difficulty for some surprised public officials.

When it turns out there is substantial evidence the rumors are true and an elected official supposedly having no other connection with the crime had first hand information identifying some of the perpetrators and takes no action on the matter, has there been obstruction of justice, a failure to honor his oath, or a mere lapse in judgment? Since the possible obstruction of justice grew out of an election law violation, will the legal jurisdiction remain with the Wake District Attorney or will revert to the our own judicial district.

How much can be shared here tomorrow will depend on agreements made and the status of the investigation, but after the meeting those who think this piece of paper is just floating through the air can probably be assured otherwise.

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