Sanford probe can be public, court says

COLUMBIA (AP) – South Carolina's Supreme Court ruled Thursday that an ethics investigation into Gov. Mark Sanford's travel can be made public, clearing the way for lawmakers considering impeachment to review a report on the probe.

Sanford's lawyers had tried keep a report on a criminal investigation by the State Ethics Commission from being released to the House of Representatives as leaders there decide whether to move forward with impeachment efforts. They argued Sanford should first have a chance to respond to the report.

The commission's investigation began after Sanford returned from a five-day rendezvous with an Argentine lover in June that prompted investigations by The Associated Press into his travel practices. The AP found Sanford used state airplanes for personal and political purposes; used pricey commercial travel despite a state low-cost travel requirement; and didn't report private plane trips given by friends and donors.

Sanford spokesman Ben Fox referred questions to the governor's lawyers.

The governor's lawyers said they want the public release of a complete ethics report once it's complete.

"We believe that once all of the facts and the complete story are on the table, people will see that this administration has consistently been a good steward for the taxpayer," said a statement released by Sanford lawyer Butch Bowers.

Bowers said he wouldn't comment beyond the statement.

Ethics Commission Director Herb Hayden said he is awaiting some final information from Sanford's lawyers before finishing the report to give to the commission. He expects the commission will decide whether formal charges involving Sanford are warranted when it meets Nov. 18.

However, Hayden said he won't release the report until after the commission approves and Sanford's lawyers have exhausted any appeals. If the commission moves forward with charges, he said, the public will see those details after the November meeting.

Lawyers for the House had asked the court to order the commission to give it the report.

The court refused that request, saying the House has other ways of obtaining the investigation details.

The governor said shortly after the investigation began that he would waive confidentiality rights, but his lawyers later argued he only intended to allow the scope of the investigation to be released. Attorneys wanted Sanford to have a chance to respond to the report before lawmakers saw it.

However, the court found the Republican governor had waived rights to confidentiality unconditionally in an Aug. 28 letter to the Legislature. The letter also said Sanford was "fighting for transparency," and that travel documents would support his frugal record.

That indicated "his intent was to waive confidentiality without limitation," the high court said. The court said Sanford's confidentiality waiver means nearly everything generated by the commission will be public.

House Speaker Bobby Harrell has said lawmakers will not move forward with impeachment discussions until they review the investigative report.

"It looks like now we will have access to this reporting of the facts," Harrell spokesman Greg Foster said.