Georgia Supremes hear Gwinnett election case.

The Gwinnett Daily Post and the AJC have articles about yesterday’s Supreme Court hearing on the case of the anonymous attacks last summer on Gwinnett Commissioner Kevin Kenerly. For a refresher course on the scandal, click here.

Here are some quotes from the articles:

Gwinnett Superior Court Judge Melodie Snell Conner last year upheld the prosecution’s decision to try the case in Gwinnett.

But Monday, J. Tom Morgan, representing Walter, argued that the case belongs in Fulton County, where the State Ethics Commission is located, because that is where papers registering campaign committees are supposed to be filed.

“(Gwinnett District Attorney Danny Porter) has always been known to plow new ground,’’ Morgan said. “In this case, he’s plowing the wrong field.’’

But Porter told the justices where the ethics commission is physically located is irrelevant because the agency now accepts documents filed electronically.

“In this day and age, there’s no reason for a candidate … to actually drive to Atlanta to file,’’ he said.

And this:

McKinney argues that a state law requires such a committee’s chairperson or treasurer to register it with the state Ethics Commission and record its contributions and expenditures. He argues the law doesn’t apply to him because neither he nor his now-deceased co-defendant, Nancy Walter, were officially the “chairperson” or “treasurer,” even though they controlled beatkevin.com’s finances.

But Porter responded that accepting that argument would mean “any independent committee could avoid prosecution by not designating anyone a ‘chairperson’ or ‘treasurer.’ You can call them the ‘boss.’ … You can call them anything you want and as long as you don’t use ‘chairman,’ they’re immune to prosecution.”

Several justices showed interest in the question of whether Porter actually had the legal authority to prosecute the case.

No word on when the Supreme Court will rule on this case.

4 comments

  1. Bill Simon says:

    J Tom Morgan’s argument is ABSURD!

    When you violate a state law (i.e., one listed in OCGA), the violation occurs in the county in which the act was perpetrated OR the county in which the victim resides.

    And, some of the Supremes actually thought Morgan made a good point…hope those idiots aren’t in the majority.

  2. Nimrod says:

    They said it was a good point; not a valid point! I guess we’ll find out if jurisprudence defines good and valid the same way!

  3. Rpolitic says:

    Isnt the real question about a tradition of political free speach? The idea that you must identify yourself is contrary to the history of this country Could you imagine if the Federalist papers were originally published here in Georgia? Just think of the field day Porter would have had.

    This seems to be a bigger issue than where papers are files

  4. buzzbrockway says:

    Rpolitic,

    The problem with your comment is this: large sums of money were spent and the public had no idea who was spending that money.

    You simply cannot spend money attempting to influence the outcome of an election without disclosing who you are and where the money came from.

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