Back to Brad Molnar, one of my favorite targest on this blog, and not just because he's a buffoon and fun to write about. To wit: I got my hands on the Commissioner's decision in Molnar's case (sadly too large to upload), and it reads like a satire, with all of Molnar's motions and statements surrounding his case. Here's a taste:
On June 16, 2009, Respondent named Complainant's attorney as a witness for the hearing, and thereafter sought to disqualify Complainant's attorney from representing the Complainant at the hearing....Respondent's argument was that Complainant, her attorney, and others engaged in a conspiracy to oppose Respondent's re-election campaign, and that evidence about this alleged conspiracy was material to the charges against him....
On September 16, 2009, the hearing examiner issued a written decision, denying Respondent's disqualification motion. The hearing examiner held that the existence or non-existence of a conspiracy to undermine Respondent or his recent re-election campaign is not relevant or material to the narrow charges against him, and that accordingly, Complainant's attorney had no necessary or relevant information to provide as evidence at the hearing.
Got that? Molnar accused Mary Jo Fox and her attorney of forming a secret conspiracy to prevent his re-election to the PSC, and that these charges were manufactured as part of that conspiracy. Of course, that the charges were manufactured means the lawyer - or any lawyer for that matter - who assisted Fox in bringing them to the Commissioner of Political Practices should be disqualified from bringing the charges.
That is, because I am running for public office and any charges of campaign finance violations will hinder my re-election, "reasons" Molnar, any charges of campaign finance violations must be politically motivated and, therefore, false. Classic circular reasoning. But the Commissioner correctly noted that just because people are out to get you doesn't mean you are innocent.
The document is full of clumsy reasoning like this from Molnar. I love how Molnar calls Corbett - the hearing examiner - biased...after it was found he was guilty of the listed charges:
Respondent's allegations of bias are based on the unsubstantiated contention that the hearing examiner has made political contributions exclusively to Democratic Party candidates. The Respondent repeatedly describes the hearing examiner as a "Democratic operative."...Respondent's unsubstantiated assertion that Corbett has only made political contributions to Democrats is false.
It turns out Corbett hadn't made any donations since 2000; he also made contributions to Montana Supreme Court candidates with Republican affiliations.
Anyhow, this story isn't important only because it involves Brad Molnar, member of the PSC. It's also important because it baldly demonstrates serious flaws in the way we find and punish public officials guilty of violating law during a campaign. I'll let the Billings Gazette explain:
However, it took formal complaints from Fox, who managed the unsuccessful campaign of Molnar's 2008 general election opponent, Ron Tussing, to get an official ruling. Moreover, Fox told The Gazette State Bureau that her legal costs in the case total about $25,000; Molnar reported that his were at least $10,000. The state expended $14,945 just for the hearings examiner and court reporter. There ought to be a faster, simpler, less expensive way to resolve ethics complaints against state officials. Many Montanans don't have the time or money to pursue ethics complaints in the present system as Fox did.
Got that? Fox spent more money than Molnar was fined. And what has Molnar actually suffered besides the loss of $15K? He won his election - which took place almost two years ago. Talk about disincentives to bringing elections violations charges against a candidate for public office. Let's be frank: Molnar's violations were obvious and his self-defense supremely clumsy. If his violations essentially have no consequences, imagine what would happen to a more agile and deep-pocketed candidate... |
