Editorial

Lessons learned from the Impeachment trial

Wednesday, May 17, 2006

Will Regent David Hergert be removed from office?

It's up to five of the seven justices of the Nebraska Supreme Court.

That's how many it will take to find the Mitchell agribusinessman guilty.

Will they do so?

Let's review the charges.

* False oath of office.

* Mail fraud

* Two counts of false reporting

* Two counts of obstructing government operations

* Violation of the Campaign Finance Limitations Act

* Three counts of violation of the Nebraska Political Accountability and Disclosure Act.

Nearly four months after taking office, Hergert admitted he broke the state campaign finance law, and agreed to pay a $33,512 settlement with the Accountability and Disclosure Commission.

After an investigation by Attorney General Jon Bruning, a request for a grand jury was rejected on the grounds that the agreement granted him immunity from criminal prosecution.

Later, a special legislative committee had to go against its own attorney's advice to recommend impeachment of Hergert.

The Legislature's attorney David Domina argued that Hergert repeatedly lied and broke campaign finance laws, depriving opponent Don Blank of needed funds in the critical final days leading up to the election.

Hergert's defense lawyer pointed to the "peculiar" legal hoops the Legislature jumped through to bring the charges, and even if they are true, most of them took place before he assumed office.

If we were inclined to wager, we'd bet Hergert will get off the hook.

But his day as an effective representative of Western Nebraska will never arrive.

If there is a lesson to be learned, it is that the true character of the candidate needs to be revealed while there is still time for the voters to act upon it.

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