Tuesday, May 29, 2018: Where We Are

Where We Are

The House is expected to have a full legislative session on Thursday.  They will presumably debate and vote on “Resolution 2” which outlines the rules and procedures for the special session underway.  House Republicans will caucus Wednesday beforehand.

Gov’s Strategy

Team Greitens is using every means available to prevent the House from corralling a majority into approving an impeachment.  The team of attorneys is tackling the committee. They have proposed rope-a-dope processes; they have issued misleading statements; they have defied the committee’s requests for documents; they have attacked the committee chair; and most directly last week they called the process “unfair.”

In addition to the legal platoon, the governor’s political apparatus hammers the other side: lobbying legislators, airing advertisements; gubernatorial visits to state representatives; social media barking.

What’s Not the Gov’s Strategy

Meanwhile they’re avoiding the simplest solution, and the one which would exhibit the governor’s personal integrity: testify under oath.  Tell the truth, the whole truth, and nothing but the truth.  Let the personal and political chips fall where they may.  In short, take responsibility.

 

But - I have yet to find one person who thinks that Eric Greitens will testify to the committee under oath.  Even before the storm of scandals hit, he wasn’t the kind of guy who would answer questions.  He prefers softballs chosen from Facebookers (“What is your spaghetti policy?”).  The questions I listed over the weekend were the obvious ones.  If Greitens were to sit before the committee, he would certainly be expected to produce direct answers to rebut other sworn testimony: Photo? Threat? Slap? List? Lie? Conspire to conceal donors? Misuse of grant money?  But there would be a whole pool of other questions: Midnight drives?

There are many other questions which could be asked.  Readers sent me scores of other questions.  There’s been an uptick in rumors lately and some questions would ask the governor directly to address them.  Some deal with suspicion of corruption; others are jaw-dropping in their salaciousness.

Would They Ask Tough Questions?

Some of these possible questions would be jarring to hear asked of a sitting governor.  However one MOScouter thinks the committee members would be quite capable asking them.  After all the committee members themselves read the questions asked by Greitens’ attorneys during depositions.  That was good practice, he says.

 

And

It’s easy to forget as we get wrapped up in the impeachment process, but there’s also a slew of other criminal investigations/charges out there.  A felony computer tampering charge; a possible re-filing of invasion of privacy; an attorney general investigation into Confide/sunshine violations; and the G-men asking questions.

 

ROTO (Reminder of the Obvious)

Greiten’s about six weeks away from needed to sign or veto bills.  I imagine that’s priority #4 right now though.

#1. Save skin.

#2. Save skin.

#3. Save skin.

#4. Sign or veto bills.

 

Galloway Asks to Disqualify Graves Lawyers from Suit

Auditor Nicole Galloway filed a motion to disqualify lawyers from the Graves law firm who are suing her related to a sunshine request.  See the motion here.

From the Suit

Defendant moves this Court to find that Plaintiff's attorneys, Edward Dean Greim, John Benton Hurst, and the law firm of Graves Garrett, LLC be disqualified from representing Plaintiff Missouri Alliance for Freedom (MAF) on the ground that these attorneys and their law firm have impermissible conflicts of interest under the Missouri Rules of Professional Conduct…

Pursuant to an audit of the Missouri Department of Revenue (MDOR), the State Auditor's Office (SAO) requested certain needed documents and records under the SAO's legal authority. After a refusal by the MDOR to produce these records in April, 2017, the SAO served a subpoena on the MDOR. Within weeks, MAF sent three "Sunshine Law" letters to the SAO demanding all records "related to" the MDOR audit, as well as a complete compendium of communications maintained by the office in all forms and on all subjects to and from the Auditor since taking office… On May 18, 2018, Counsel to the Governor, Lucinda Luetkemeyer, responded to the SAO's request for information, and explicitly confirmed that: (a) The attorneys (Greim and Garber) had been hired to represent Governor Greitens in his official capacity, and (b) The attorneys (Greim and Garber) had been hired to represent the "Office of the Governor."…

The MAF lawsuit names as a party the Missouri State Auditor and does not appear to assert any claim against Auditor Galloway in any personal capacity.  A suit against an individual in their official capacity is considered a suit against the state. Betts-Lucas v. Hartmann, 87 S.W.3d 310, 327 (2002) (discussion is in the context of sovereign immunity). Accordingly, the action against the SAO is, for legal purposes, an action against the State of Missouri. The SAO is a part of an integrated executive branch of state government that includes the office of the governor. Mo. Const. Art. IV, §12. Accordingly, counsel representing a state official in their official capacity (here, Governor Greitens) is representing the state itself. Under Rule 4-1.10(a), no lawyer associated with a firm "shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 4-1.7 or 4-1.9[.]" Accordingly, if neither Greim nor Hurst can permissibly represent MAF, no other attorney in the same firm can do so…

 

Today’s Events

May 29 – Rep. Derek Grier re-election kick-off with special guest Congresswoman Ann Wagner – Naked Vine, Chesterfield – 5:30PM.

 

Help Wanted

SITE Improvement seeks Government Affairs Specialist.  “We are seeking to hire a Government Affairs Specialist who will be responsible for building and maintaining relationships with Federal, State, and Local leaders and to continue to advocate for the construction industry…  Represent SITE before Missouri General Assembly members and legislative committees. This may include providing both written and oral testimony before committees and arranging for other CEC members to testify or appear in support or opposition to proposed legislation pending before the committee…” See it here.

 

 

ASET - The Neurodiagnostic Society seeks Governmental & Grassroots Advocacy Manager.  “Acts on legislative and regulatory initiatives identified by the Governmental Advocacy Committee (GAC) to achieve desired outcomes at the state level. Builds support for desired legislative and regulatory outcomes through networking and coalition building. Builds and manages the Society’s chapter and grassroots advocacy programs to further support legislative and regulatory initiatives… Salary: $50,000 to $60,000 /year”  See it here.

 

New Committees

Jack Johnson formed a candidate (Committee To Elect Jack Johnson) to run for House 153 as a Republican.

 

$5K+ Contributions

Midwest Region Laborers' Political League Education Fund $6,412 from Laborers Supplemental Dues Fund.

Missouri Senate Campaign Committee - $12,500 from Citizens for Riddle.

Missouri Senate Campaign Committee - $10,000 from Hegeman for Senate.

Citizens for Steve Stenger - $10,000 from Rockwood Asset Management 6, LLC.

We Are Missouri - $24,000 from IUPAT Political Action Together Political Committee.

Lobbyists Registrations

Jewell Patek added Herzog Transit Services; and deleted Braco Acres LLC, and Radmacher Brothers Excavating.

Jeff Knappen added Spark Therapeutics Inc.

Kurt Anderson deleted Novartis Services Inc.

Peggy Brand deleted Celgene Corporation.

 

Birthdays

Happy birthdays to Damon Porter, Glenn Klippenstein, Chris Dunn, and Chuck Banks.