No State Investigation into Schweitzer Comments, AG Says

By Robert Struckman, 9-11-08

Montana Attorney General Mike McGrath declined to investigate comments made by Gov. Brian Schweitzer at a fundraising event in Philadelphia on July 14, describing the speech as “admittedly intemperate” and saying “the accusations contain no allegation supported by fact.”

Yesterday, NewWest.Net broke the news about Schweitzer’s speech before the Trial Lawyers Association, in which he jokingly said he had tampered with the 2006 election, in which fellow Democrat Jon Tester narrowly beat Conrad Burns for the U.S. Senate.

Specifically, Schweitzer described how he had rigged the release of one county’s election results with the goal of avoiding a recount and how he prompted reservation cops to run-off Republican poll watchers to keep them from harassing Indian voters.

“He’s just telling a story. He did not tamper. I wouldn’t let him or anyone else,” said Mary McMahon, head of the elections office for Silver Bow County. “I have to take some humor with it, otherwise it would drive you crazy,” she added. “As for the inference, I resent that.”

McMahon went on to describe election night in full, which included a call from the governor’s office. She also described the scrutiny of her office, including by lawyers for both major political parties. There were no complaints at the time.

McGrath’s short letter to Montana Secretary of State Brad Johnson, who requested the investigation after getting a complaint from Tammy Hall of Bozeman, said no more about the governor’s comments. “The misuse of the criminal justice system for political purposes is a serious matter. It is inappropriate to use a public office as election-season PR for a political blogger or any other special interest,” he says.

Bill Mercer, U.S. Attorney for Montana also received the complaint from Hall. But his office has yet to make public any decision about whether to investigate. (The U.S. Attorney’s office would have jurisdiction over tribal lands.)

Erik Iverson, chairman of the Montana Republican Party, wanted an official inquiry into the governor’s remarks.

“Far from being funny, Gov. Schweitzer’s comments are breathtakingly foolish and vulgar. Rigging the electoral process is nothing to brag about. It’s just not funny. The governor ought to be embarrassed,” Iverson said. “There are always rumors swirling about. These are serious issues. I think law enforcement should decide (whether the statements had merit) at this point.”

[End of article]
Comment By t.l.m., 9-11-08

Sure, it was just a joke that everyone understood. Must be why there are 100 outraged comments in 10 hours on the Billings Gazette website. Ha, ha. We understand what he said, and we're not happy about it.

Brian gave very detailed accounts of three separate incidents that could constitute election tampering. This wasn't just a quick joke about Silver Bow election history.

The AG is giving voters a slap in the face by refusing to take a look at what appears on the surface to be incredibly shady abuses of power. They at least deserve a second look.

Did anyone find it odd that Brian talked derisively about Republican out-of-state poll watchers with clean boots.. while he himself was giving a speech to a bunch of Eastern trial lawyers?

Comment By inMT20, 9-11-08

Although I TOTALLY AGREE with Iverson on this one, I don't think there was anything but BS behiend BS's comments. There was a ton of lawsuits after the election accusing various people of voter fraud. None of them ever amounted to anything but lies.

Comment By macoasis, 9-11-08

The AG office must have a surplus of those damn red buttons--

THAT WAS EASY!

Now that's full service in government. Chief Justice? Really?

Comment By Lamnidae, 9-12-08

Spare us the outrage... All of these accusations have in one way or another been investigated multiple times now. Brad Johnson completed an investigation of fraud in Montana and found nothing. Hon. Cebull threw out a case in his court. Several US Attorneys were illegally fired (while our incompetent US Attorney manages to retain office somehow) for not finding evidence of voter fraud.

I know the issue is still looming in everyone's mind because the GOP uses so many caging and suppression tactics; so perhaps a little consternation is justified. That being said, everyone who's read the transcript of the speech (that followed a similar speech from Al Franken at the event) knew the Governor was making a series of ironic jokes. Apparently the mouthbreathing GOP operatives who thought President Bush's jokes about WMD's being under the table, etc... Lost that sense of humor between then and now.

So please, spare us the indignation.

Comment By macoasis, 9-12-08

I just listened to the speech.

Odd - he opens the speech with glowing words about this representative NEVER joining up with a special interest. And then works the crowd like a carnival barker drumming up $$$ from the special interest!

We get the vaccine of distancing from the special interest.

Then we get the reversing shot that makes the special interest OK.

We're even-steven in the end, right? Oh hell, we wouldn't know better it it was delivered in a cream pie to our face.

Presidential material? Spare me. I hear the circus is hiring.

Comment By Dave Skinner, 9-12-08

McGrath will be a WONDERFUL chief injustice, eh?

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