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Casey: Rounds Indictment Could Leave South Dakota at Half Strength in Senate

At the Dakotafest debate in August, Independent candidate Larry Pressler advanced the thesis that electing Mike Rounds would leave South Dakota with a "wounded Senator." Lincoln County Democrat Ryan Casey takes that thesis a step further, asking if an indictment against Rounds for malfeasance in his EB-5 program would leave South Dakota with no junior Senator:

Article I, Section 3 of the U.S. Constitution and the 17th Amendment give states the ability to fill U.S. Senate vacancies due to death, expulsion or resignation. In South Dakota, the governor makes an appointment to fill a vacancy until the next general election.

If Rounds is elected, indicted, and resigns, the governor can appoint his replacement almost immediately, preserving South Dakota's crucial representation in the Senate. If Rounds insists on remaining in office throughout his criminal proceedings, however, constituents will be left to question his effectiveness as a senator and his ability to serve their interests.

Luckily, there is still time on the clock. South Dakota voters can determine the outcome of this election [Ryan Casey, "Would Rounds Indictment Leave South Dakota Without a Senator?" Huffington Post, 2014.10.21].

Rep. Bill Janklow put us in that situation in 2003, not resigning until he was found guilty of manslaughter and not making that resignation effective until his sentencing, a month and a half after conviction.

Let's not get ahead of ourselves: Mike Rounds hasn't caused anyone's death that we know of, and we're still nailing what if any crime Rounds may have committed. (Remember: sloppy management and dishonesty aren't crimes.)

But voters, consider the odds: you have three Senate candidates who are not under any known federal investigation. You have one candidate who is at the center of a scandal under ongoing federal investigation, and that candidate has been spinning flexible and doubtful tales about his involvement in that scandal all year. Rick Weiland, Larry Pressler, and Gordon Howie are more likely to be ready to serve on day one and not require any litigious sabbatical, let alone replacement by the Governor.

Dump Rounds, and focus on your viable Senate candidates.

14 Comments

  1. Lanny V Stricherz 2014.10.21

    "Casey: Rounds Indictment Could Leave South Dakota at Half Strength in Senate."

    Yes Ryan and Cory, but only until Dennis Daugaard would appoint himself or some other less capable person to fill the slot until the next election. THat is so scary, that I would think that South Dakotans would be trembling in their boots just thinking about it.

  2. Roger Cornelius 2014.10.21

    It is a for sure thing that Daugaard could appoint himself to the senate, that doesn't sound quite right, but this is Republican South Dakota so maybe it is okay.

    The probability of Daugaard having to appoint a new senator for indicted Mike Rounds should be reason enough to vote for Susan Wismer.

  3. caheidelberger Post author | 2014.10.21

    Ah, but Casey's point is that the Governor wouldn't get to appoint anyone until the Senator resigned. Mike Rounds has demonstrated an obstinate resistance to facts and decency this campaign season. If he were indicted, if the prosecution dragged on (and given the complications of EB-5, it could!), and if the Senate couldn't muster enough courage to expel him, we could be saddled à la Janklow with a lame duck Senator in court for months, maybe years.

    (I would entertain the possibility that a Senator Rounds might cling all the more tightly to his seat if he knew that a Governor Wismer was waiting to appoint his replacement, but I cannot envision South Dakotans electing Wismer and not electing Weiland.)

  4. Lynn 2014.10.21

    Rounds has a history of not putting South Dakota above his own needs or ambition so why would he not cling to that seat until the very end when he is forced to do so? South Dakota citizens would once again suffer with Rounds in a seat of power.

  5. lesliengland 2014.10.22

    wal-well stated. P.8 acknowledges "EB5" yet atty Taylor barks there is no federal question in his well written, punctuated and spelled brief. cory this is how real lawyers do things. Taylor also says "may" means shall so Barth could have signed the original petion. Taylor gets paid by the pound of paper he files!! Hahahahaha (hope i'm right about this evasive pile of SDGOP garbage!)

  6. Greg 2014.10.22

    The voters in South Dakota could avoid this if we would elect Rick Weiland or Larry Pressler. I predict that in this strange 4 candidate election that the Rounds die hard voters will elect a Senator with a huge cloud over his head. This is completely avoidable, Mike Rounds thank you for your efforts but you have too much baggage.

  7. caheidelberger Post author | 2014.10.22

    Greg, this election is our chance to get at least a portion of the GOP base to overcome their addiction to voting R. We need to get them to realize Mike Rounds is only an embarassment to their party, and he would be an even worse embarrassment if elected into the scenario Casey describes. It's time to cut your losses, Republicans. Send Mike Rounds into retirement. Open the door for other shining lights to step forward in the next three cycles.

  8. Brandon Ecoffey 2014.10.22

    This is all a wonderful hypothetical but to actually believe that either Brendan Johnson or Jackley would go against the grain and indict a powerful white man is beyond imagination. JAckley and Johnson are cut from the same mold, work together, and have made their names of indicting low level minority offenders in the state. They are not going after each other.

  9. caheidelberger Post author | 2014.10.22

    Brandon, Marty Jackley has made clear his unwillingness to pull the trigger on this case, despite the evidence we know he has in front of him. I'll agree with you on Jackley.

    But we don't know what evidence Brendan Johnson has. Most of what we've looked at here involves violation of state laws, BOR policy, risk management rules, etc. The U.S. Attorney doesn't have any authority to prosecute on those matters, does he? I'd like to see the evidence that can build a federal case before I throw away hope that Brendan Johnson will act. What federal case might he be building right now?

  10. larry kurtz 2014.10.22

    Mercer said the FBI has been poking around in the executive bowel in Pierre since at least 2012: this case is likely above USA Johnson's pay grade.

  11. Roger Cornelius 2014.10.22

    The EB-5 scandal investigation is not a racial issue, it is a legal and political issue, it is not about all white men protecting each other.
    Granted, a Rounds indictment is hypothetical at this point but it is hypothetical within the realm of possibility. For those of us that have intently followed this scandal as it unfolded, it is likely that the U.S. Attorney's office is involved in this process, it may not be Mr. Johnson, but the Dept. of Justice has got to be involved. The whole investigation may not even be in the hands of Johnson.

  12. Lanny V Stricherz 2014.10.22

    The EB-5 scandal may not be a racial issue, but this election certainly is a racial issue. First the EB-5 scandal, as I have pointed out in the past is just one part of the failed projects from the GOED and it is ongoing, long past the administration of MMR.

    The racial issue comes in on the way the Native Americans have been disrespected in the case I pointed out earlier, down at Marty, the failure of the Governor's office to grant more gambling machines to the tribes at their casinos, and not letting them start a casino here in Sioux Falls to compete with the border crashers from Iowa and finally from Governor DD's utter disregard for the ICWA of 1978.

    When it comes to economic development and race relations, both Bill Janklow and George Mickelson have to be turning over in their graves at the misdeeds of these two current governors.

  13. Roger Cornelius 2014.10.22

    Lanny, yes this election has many racial overtones, including the one you discuss.
    The other is the stance the state has taken against providing satellite voting in Wanblee.
    The most obvious racial issue is that Republicans refuse to step foot on reservations and talk with tribal members about the issues that directly affect them.
    In this context, you could say that Keystone XL has become a racial issue.

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