Essay: Time to Act - 8/28/2008

Let’s give Governor Jennifer Granholm credit for framing the removal hearing for Detroit Mayor Kwame Kilpatrick in exactly the right way. She intends to remove him if the evidence shows he either, A) “authorized settlement of police lawsuits in pursuit of his own personal and private interests.”

Or, B) “concealed from or failed to disclose to the City Council information material to its review and approval of the settlements,” which amounted to nearly $9 million dollars.

The vast weight of the evidence seems likely to indicate the mayor has done both things. It is now virtually impossible to believe that the governor doesn’t intend to oust the mayor.

So - is she trying to send him a signal by saying how she intends to proceed before the hearing starts? Indeed she is. Essentially, that message is: Surrender, or be destroyed. The mayor has a little less than a week to make his best deal and resign. However, the ball may no longer be in his court.

The person calling the shots is likely Kym Worthy, the Wayne County prosecutor who has brought eight felony counts against the mayor. The mayor might be willing to resign for a deal that includes no jail time. But the prosecutor may feel she has him dead to rights. She seems so certain she hasn’t even shown interest in talking to Christine Beatty’s lawyers about a plea-bargaining agreement.

Beatty, remember, was the mayor’s chief of staff, with whom he exchanged thousands of text messages that seem to indicate perjury, at the very least. Prosecutors like to bag big game – especially if they have any desire to move up the ladder.

Worthy doesn’t need to fear the wrath of the black community. Not only is she black, she is the prosecutor who sent two white police officers to prison fifteen years ago for beating a black crack addict to death with a flashlight. Yet she needs to see is that this is all far bigger than the selfish man-child who let the voters down so badly. His city was financially sick to start with, and now is in a sort of paralyzed toxic shock. Nothing good will happen as long as he is there.

What’s needed is for the prosecutors to, “do an Agnew.” Now almost forgotten, Spiro Agnew was a political hack from Maryland who was vice-president of this nation under Richard Nixon. During the worst of Watergate, it was discovered that Agnew was taking bribes from crooked contractors.

The U.S. attorney general had more than enough to send him to prison.

But the country couldn’t wait. They needed Agnew out of the line of succession. So he was allowed to plead no contest, pay a fine, and leave. That led to Michigan’s Gerald Ford becoming vice president. Ten months later, the nightmare was over

Detroit also needs this to be over. The governor may have to do it. But it would be far better for all concerned if our poor and once mighty Motor City did not have to wait.

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Comments

[Anonymous]

The real pressure in this case, to act quickly, comes from Democrats, who are desperate to install a new mayor who can stand on a platform with Barack Obama and campaign between now and November.

Because in other civil litigation, and in most regulatory proceedings, a trial judge or a hearing officer would find it to be both reasonable and fair to the respondent (Kilpatrick in this case) to stay proceedings until criminal charges were resolved. Otherwise, Kilpatrick is practically forced to say, "I have to decline to defend myself and answer questions in this setting, because I am facing criminal charges in another court."

Last I checked, even Kwame Kilpatrick enjoyed a presumption of innocence and a Constitutional right against self-incrimination.

This is the last thing that Governor Granholm wants to do, but she is no doubt being told, "Get rid of Kilpatrick. ASAP." And it has suddenly become in Granholm's term-limited self-interest to do so. Her next job is not in Lansing; it is in Washington, with a hoped-for Obama Administration. And there might not be an Obama Administration if the Democrats lose Michigan. The Democrats will lose Michigan if the Detroit vote collapses.

Therefore, there is every reason to scrutinize what it is that Granholm does, and to examine her motives.

There seems to me to be good cause, if the mayor wished to pursue it, to have a court order that Granhom's removal hearing be stayed, until such time as the criminal matters are resolved. If Kilpatrick were convicted, his removal from office would be automatic, obviating the need for any removal hearing. On the other hand, if Kilpatrick were acquitted, he'd have been given his day in court and his full Constitutional rights on those charges, and Granholm could still pursue a removal hearing apart from any criminal charges, and with the notable benefit to the process that the Mayor would not have self-incrimination concerns, much of the criminal case evidence would by then be a matter of public record, and the City's and the State's legal interests could still be adequately protected.

Why won't this reasonable approach be taken? It might be, but only if a court forces it on Granholm. Otherwise, the Democratic Party power-brokers want the Mayor out, now.

[Thrasher]

Obama has no concerns about getting the Black vote in Detroit the historical nature of his campaign makes that issue moot. The DEMS do not want to have Obama being associated with the removal of a Black elected official.

The issue is now on Worthy's lap she needs to stop demanding jail time for a white collar crime in a city where violent criminals often walk.

The mayor is now ready to resign that should now happen..

[Anonymous]

Greg, I don't think Obama will have any trouble whatsoever winning the black vote in Detroit. I expect that Obama will win something like 109% of the black vote in the city of Detroit. The question is turnout; whether there are enough black votes in Detroit, Southfield, Benton Harbor, Flint, Saginaw, etc., to overcome outstate Republican votes.

A 'valid' new sitting mayor helps that process. A shambling, ridiculous Mayor Kilpatrick in the middle of a criminal trial (or particularly a Kilpatrick that has just won an acquittal after, say, the trial court denies the admission into evidence of the text messages) does not.

[Thrasher]

A 'valid' new mayor requires an ELECTION not a vague removal process created by a michigan statute that may not be consitutional..

Notice how the governor has made a motion to now get the michigan supreme court involved!! she is really trying her best to avoid this hearing she knows a White governor removing a black elected offical at this moment of our country's history is insane and makes her future dead..

There is not only more than enough'black votes in the state to offset any recent token affirmative action tatics of mccain but now even white voters are reeling from this economy and they will abandon the GOP so at the end of the day this election will be a landslide for Obama..

Whites do not want to be on the wrong side this time with regard to race equality... many whites are ashamed and embrassed that it has taken this long to select a person of color..It is no secret that white voters created the Obama history not black voters..

[Jose Santiago]

Greg:

I can see why you couldn't cut it in law school-civil procedure was beyond you. Could it be that the governor went to the Supreme Court so as to expedite the matter and ensure a Wednesday hearing?

I expect a hearing on Wednesday with a formal opinion issued on Thursday or Friday. KK will be removed immediately and no doubt his future will be in the hands of a most unsympathetic Ms. Worthy. The quality of his representation will diminish as there will be no deep pockets and he will do time.Probably 6 months to a full year.

Our governor will be hailed as a decisive executive by the white and black communities alike-look for the Michigan Citizen affirmation over the weekend. There will be the racist opportunists who see the defrocking of Kwame as racist-but thankfully their chirping will be minimized by the more temperate and qualified members of the black community. They will see KK's departure as a godsend and will say so. You will call them "toms" and the majority of the black community will breath a sigh of relief. KK will be out of the way and the smart and engaged citizens can manifest destiny with Obama.

A "validated" Ken Cockrel will be the new mayor and Obama will meet with him immediately.

If you could understand basic statistics-the State of Michigan is very much in play. It's in play with unsure white folks because of your "there's always a white conspiracy" theories. Clandestine, nefarious and always focused on subjugating the black community. Just keep talking that tripe and you might just be responsible for Obama losing the State. What a shame.

[Thrasher]

Jose,
Amazing how a coward who hides behind a pc keyboard wants to Blame me for racist white voters in michigan who will not vote for Obama becuase of his skin color..

Amazing how you seek to Blame me for the behaviors of 'unsure whites' these same whites that created segregation in our cities and residential venues and voted for Prop II which will prevent students of color from attending our state colleges..

Amazing how you desire to have Ken Cockrel a member of a city council a body under investigation by the FBI including his chief of staff to become the mayor without being elected by voters but the result of a questional removal statute that has not been reviewed by the Michigan Supreme Court ..For Obama to meet with a anyone who is not an elected by the voters of Detroit as thier mayor is beyond offensive but betrays the esence of what a democracy is..I doubt if Obama would agree with your twisted notion of an elected offical

Instead of affirming me and people like me who are willing to stand up for principle and justice cowards like you hide behind a pc and attack truth ..

You ought to be ashamed of yourself but then again cowards never are..