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Opening Arguments

Either way

The Matt Kelty grand jury is heading to its third day of deliberation, and either way it turns out, it's a big story, isn't it? If there is a recommendation to charge him with a campaign-finance-reporting violation, the talk will be about whether he should drop out of the mayor's race and who might replace him if he does. If the conclusion is that no violation occurred, we have to acknowledge that there is a big loophole in state law. Though "candidates" must report loans as campaign contributions, a "person" can accept a loan, then in turn loan it to his own campaign without reporting it. The law's intent to guarantee contribution transparency would be made meaningless.

I have no clue how it will turn out. A prosecutor ordinarily does not even bring something to a grand jury unless he wants an indictment, and prosecutors seldom fail to get what they want from a grand jury. But in cases like this, in which a special prosecutor is appointed because those who would normally handle it might have a conflict of interest, the point is not to secure an indictment but to convince people that fairness is being sought. I'd say the grand jurors actually have the power in this case that people mistakenly think they always have.

Comments

Kevin Knuth
Wed, 08/08/2007 - 8:22am

Leo,

I think you hit the nail on the head.

I have been pretty clear in my opinion- I do believe the law was broken. But, at the very least, a "loophole" was exploited and the law will have to be changed.

One point of clarification-If Kelty is indicted, he cannot withdraw his name from the ballot. His name can only be removed if he is CONVICTED of a FELONY before the election. At that time, Steve Shine can appoint somone else to run.

Leo Morris
Wed, 08/08/2007 - 8:55am

Oops. Looks like the deadline for voluntary withdrawal was July 16.

Dan Turkette
Wed, 08/08/2007 - 9:47am

There was and is no reason for Matt to withdraw. Even if he is indicted a jury would find that he did not, beyond a "reasonable doubt" violate the law "as it is written".

As I've said before, this should not be in front of a grand jury, it should be before the state legislature.

Kevin Knuth
Wed, 08/08/2007 - 1:40pm

Dan and I disagree on this issue- but that is not what I would call "news"! ;)

gadfly
Thu, 08/09/2007 - 8:54pm

Hmm ...when I think "Special Prosecutor", I think "Scooter Libby!"

Politics will dictate the prosecutor's actions in the grand jury hearings. Since the Grand Jury will hear only what the prosecutor presents, he can indict a ham sandwich if he chooses.

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