http://kirkcaraway.com/16/03/2007/gibbons_defense_fund_legal Comments for "Is the Gibbons defense fund legal?" en http://kirkcaraway.com/16/03/2007/gibbons_defense_fund_legal <p>There is an <a href="http://www.lasvegassun.com/sunbin/stories/sun/2007/mar/16/566638964.html">article in the Las Vegas Sun</a> about how Gov. Jim Gibbons and Secretary of State Ross Miller are heading for a constitutional clash over the governor's refusal to turn over details of his legal defense fund.</p> <blockquote><p>The biggest problem for Miller is that defense funds are not covered in the campaign reporting statutes, the primary area of jurisdiction for the secretary of state.</p> <p>That allowed Michael Pagni, the Reno lawyer who helped set up the defense fund for Gibbons, to make a case in a letter to Miller last week that the governor is not obligated to make any further disclosures.</p> <p>There is an "absence of any clear controlling Nevada law addressing the administration or treatment of these types of funds," Pagni said. </p></blockquote> <p>If there is no law governing these kinds of accounts, then why isn't this treated as an unlawful bribe? The fund is probably not in his name, but Gibbons is receiving services from it, and that is something that state campaign finance law does cover. </p> <p>Also remember, there is no accusation that the governor committed any crime while in state office, so you can't make the excuse that this is somehow a part of his current job. The accusations are all centered around his congressional service. The governor is subject to state law, and that law doesn't seem to permit legal defense funds separate from campaign finance law, according to Gibbons' own lawyer. And, Gibbons chose not to declare the fund under federal laws governing contributions to members of Congress, so he can't fall back on that now. </p> <p>What is the difference between this defense fund and an elected official having a supporter pay his bills for him? If a state senator came into office with a big medical services debt, would it be permissible for a supporter to pay that bill? I don't think so. </p> <p>And let me ask again, what is so special about this information that the governor would force a showdown? Tell us, governor, why are you dong this?</p> http://kirkcaraway.com/16/03/2007/gibbons_defense_fund_legal#comments Jim Gibbons Fri, 16 Mar 2007 16:21:58 -0700 kc 195 at http://kirkcaraway.com