car7858's Blog

Monday, August 25, 2008

Kilpatrick lawyer to Granholm: Don't join 'lynch mob' Christine MacDonald / The Detroit News

DETROIT -- Mayor Kwame Kilpatrick's top attorney submitted her final arguments late Monday against Gov. Jennifer Granholm's slated removal hearings, pleading with her to "decline to join the lynch mob" and dismiss the hearings.

In the seven-page brief, the city's general counsel, Sharon McPhail, argues that Kilpatrick can't defend himself because of the pending criminal charges. And his witnesses, such as whistle-blower attorney Sam McCargo, can't either because they face possible sanctions to their law licenses from the Michigan Attorney Grievance Commission.

She also argues that the city council hasn't made any case for Kilpatrick's removal, saying members haven't proven Kilpatrick failed to tell them about any relevant facts before they approved the $8.4 million whistle-blower settlement.

And McPhail claimed that members were aware of allegations that Kilpatrick was having an affair with his then-chief of staff, Christine Beatty, but asked no questions about the settlement before approving it. Confirmation of the affair -- which Kilpatrick and Beatty denied on the stand -- came when the text messages were released

"The Detroit City Council has wasted hundreds of thousands of dollars paying for an attorney to conduct a political witch hunt against the mayor," McPhail wrote. "The illogical and inconsistent arguments made in support of their position are not worthy of them as legislative body and cannot form the basis of any hearings before the Governor."

McPhail's letter concludes by asking Granholm to "stand up for the rule of law and dismiss this factually inadequate and politically motivated petition."

Granholm won't make her decision public today on whether intends to host hearings, scheduled for Sept. 3, on whether to remove Mayor Kwame Kilpatrick from office, according to her spokeswoman Liz Boyd.

Today was the deadline for attorneys for Kilpatrick and the Detroit City Council to submit final arguments on any issues related to the hearings. Granholm will review those filings and make an announcement soon on whether the hearings will go ahead.

City Council attorney William Goodman submitted his final arguments to Granholm today, arguing against any delays in the process.

Goodman said the mayor would be able to defend himself without testifying at the hearings by presenting witnesses such as Samuel McCargo, an attorney who represented Kilpatrick and the city in police whistle-blower suit last year that ignited the text-message scandal.

Goodman acknowledged in his letter to Granholm that Kilpatrick "may be hampered to some degree" if he testified.

But Goodman added that Kilpatrick's "inability to testify, in and of itself, does not end the inquiry."

Goodman also argued that if Granholm's fails to act or delays action, it would "set a dangerous precedent."

"The community desperately needs prompt resolution of this crisis and a decision of the Council's Removal Petition, in order to move forward, end the paralysis of city government and the public tragedy that this personal tragedy has engendered," Goodman wrote.

The council wants Granholm to employ a rarely used power that allows governors to oust public officials for misconduct. Council members claim they were duped into approving an $8.4 million settlement to end the police whistle-blower suit without knowing it gave the mayor possession of text messages that contradicted his testimony.

Publication of those messages led to several felony charges against the mayor and Christine Beatty, his former chief of staff and former lover.

Both denied an affair and conspiring to remove police officials whose investigations threatened to undercover the relationship.  

My opinion: Is the Mayor's legal team jumping on the "outsiders, lynch mob" mentality their only defense in their case? Forget the fact that the Mayor lied under oath, used taxpayer dollars for personal/private "affairs", or has the gaul to think he & his "supporters" are better than the legal system. It seems so easy to push this issue across the city boundaries instead of owning up to his lies like a man. "Fighting the good fight" when wrong only shows cowardice & utter stupidy by both the Mayor's team & those that act like he has done nothing wrong or keep bringing up the sex/text garbage that no one really cares about anyway, including the Mayor's wife & family. Making this circus a racial issue is not moving the city nor the Metro area forward; Instead, it is reinforcing the nationwide stereotypical attitude towards Detroit & this region-Not that anyone cares anyway. Like it not, Kwame Kilpatrick's day in court IS coming & everyone will live by the law's decision, including the Mayor.