End Games

I've covered many of the allegations, so where do we go from here in le affaire du Swanson? If you read between the lines of today's MinnPost story you get a hint.

One main issue in the Swanson controversy is the recent effort to unionize the attorney general's office. (Rep. Steve) Simon repeatedly emphasized that any investigation should steer well clear of union shenanigans and retribution, though he and others noted that a movement to unionize could indicate turmoil in a workplace.(Legislative Auditor Jim) Nobles, for his part, assured members that his investigation would focus solely on allegations of misuse of the office, including allegedly falsified affidavits and timesheets, pressuring attorneys to give bad advice to clients and asking employees to post positive comments on a blog devoted to recounting the atmosphere in the office. Nobles, who is known for his objectivity and thoroughness, said he could very well find nothing to the allegations, but that an inquiry could be helpful to "clear the air.""I understand you're anxious," Nobles told the commission. "It is not my intention to have a broad-ranging fishing expedition" and that he would exclude "labor issues, personality issues and management issues" from his investigation. He did, however, say that he could and would use subpoena power if necessary...

All of this echos what Rep. Beard said on the radio on Saturday...that great pains would be taken to make sure that this is in no way construed to be witch hunt.

All of which raises the question: Why didn't Nobles already do a preliminary inquiry on his own? Part of it is that he wanted to have a "discussion" with the members of the commission, knowing that the matter was delicate. But the other part is that the legislative auditor really is limited, to some degree, to financial audits. Initially, it wasn't clear if the allegations against Swanson rose to the level of Nobles' purview."This has been an unfolding issue, and it was my choice not to get involved," Nobles said, adding that the blogging on company time and the alleged apparent doctoring of timesheets caught his attention — that in the "last day or two" he began wondering about "misuse of state resources" that would allow him to use his authority to open an inquiry.When asked if he knew how long an investigation might take, Nobles simply said, "No." For now, there's just a "preliminary assessment" that he said will start Monday."A preliminary assessment takes weeks, not months, but weeks," Nobles concluded. "A full-blown investigation takes months."

But why would anyone consider this "preliminary assessment" to be a witch hunt. Rep. Beard explains...

Let me tell you what gives me pause on this and why we measured our response with the Legislative Auditor...Lori Swanson is a mentor (ed - I suspect he meant mentee) and clone of Mike Hatch. There is no love lost between Mike Hatch and another person who wanted that seat - Matt Entenza and Mr. Entenza is pretty tight with this particular AFSCME unit...that's after the attorneys...it's really a strange combination until you start doing the political math behind the scenes which then guys makes you think that these allegations may be tainted as these union guys play hardball...they are not beyond character assassination and smearing people...just to play devil's advocate...however when Ms. Lawler stepped forward she put her professional reputation in harms way...that is not something you usually do just to get a union organized your shop...She is liable for disbarment and sentencing...I mean she could be in deep professional trouble if these things are true and any of it splashes back on her. So that is why we all took a deep breath and said "whoa" this
seems to be going beyond just the usual turf war between a couple of union locals and Matt Entenza and Ms. Swanson so...prepare yourself for that...

The interview then closes with what could be a hint of things to come IF the allegations have any substance behind them.

King Banaian: Well I'd say you just brought this up one more level of "interestingness" if that is a word...
Rep. Mike Beard:Let me share one more thought with you that we did not talk about yesterday (Friday)...if indeed the Auditor finds there has been mischief and professional malfeasance and misrepresentation and breach of professional ethics, we have a whole new ballgame that we have never had before. We could actually have attorneys in the AG's office, including up to the AG herself, who could be disbarred,
sanctioned and then what do we do...how do we take care of that dance?

How indeed do we proceed if the evidence shows that the state's top prosecutor has been engaging in illegal activities?

This is not about politics and parties....this is about right and wrong - something I think that all of us can get behind.

The next few weeks are going to be grueling ones for the AG and her staff. Let us hope that the truth of the matter does come out in this. Then maybe the integrity of the office can be restored.