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Bosworth Arrest: Why Not Chad? Donors Foot Legal Bills? And Whither Arends?

My friends and readers have raised a number of interesting questions about Annette Bosworth's arrest and impending court date. In brief:

Why hasn't Chad Haber been arrested yet?

Chad Haber committed the same perjury that Bosworth did, swearing a false circulator's oath on a petition sheet on which he did not personally witness every signature gathered. However, he did not file the petition himself. The formal charges against Bosworth include perjury and filing a false instrument. Bosworth committed an additional crime when, accompanied by campaign lackey Patrick Davis, she filed her false petition at the Secretary of State's office in Pierre. Bosworth thus broke more laws.

Haber should be arrested. It is possible, however, that investigators wanted to focus on the larger number of crimes committed by the bigger, more public fish.

And don't forget: the Division of Criminal Investigation may be working on a new set of charges involving Haber and Bosworth's apparent illegal circulation of petitions before Janaury 1.

Can Bosworth Spend Campaign Funds on Her Legal Bills?

Maybe. The Federal Election Commission uses something called the "irrespective test" to determine legitimate uses of federal campaign funds:

Under the "irrespective test," personal use is any use of funds in a campaign account of a candidate (or former candidate) to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate’s campaign or responsibilities as a federal officeholder. 113.1(g). More simply, if the expense would exist even in the absence of the candidacy or even if the officeholder were not in office, then the personal use ban applies [Federal Election Commission Campaign Guide: Congressional Candidates and Committees, August 2011, p. 53].

The FEC says it "decides on a case-by-case basis whether legal expenses are considered 'personal use' and thus are expenses that a candidate may not pay for using campaign funds." In this case, one could argue that the charges against Bosworth would not exist if she hadn't been a candidate. She would not have circulated, signed, or filed a petition if she hadn't been running for Senate. The FEC has allowed campaign expenditures for legal fees in cases involving violations of campaign finance rules.

How donors will react if Bosworth uses their money to defend her admitted law-breaking is a different question.

Can Joel Arends represent Bosworth in this trial?

Bosworth's most recent attorney of record could very likely be a witness in the Bosworth trial. Joel Arends notarized numerous petition sheets, including some of those on which Bosworth committed perjury. He could easily be called by the prosecution or the defense to testify about Bosworth's incautious public claim (and hasty, inartful retraction) that her legal counsel advised her that her incorrectly sworn petitions were fine. Representing a client at a trial in which one is a witness doesn't work well.

Bosworth might have further interest in keeping Arends off her legal team. Last month she alleged that Attorney General Marty Jackley was attacking her simply because he's trying to help Mike Rounds win the Senate election. She based that allegation on Jackley's participation in a fundraiser with Rounds. She may not have noticed, but that fundraiser was hosted by the Rushmore PAC, whose leader, Dan Lederman, employs Joel Arends as his lawyer. Why would Bosworth want to risk having her own lawyer soft-pedal his efforts to benefit his entrenched GOP pals... unless Bosworth herself was planning on being convicted, then appealing on the basis of bad-faith legal counsel?

Related Reading:

A brief look at Mr. Heidelberger's challenge to Dr. Bosworth's petitions exposes wild leaps of reasoning, as well as legally insufficient and petty attempts to invalidate the signatures of actual South Dakota residents in an effort to disenfranchise them from the democratic process.... The Bosworth campaign is confident that its petitions will pass muster and substantially comply with South Dakota election law and administrative regulations [Joel Arends, quoted in David Montgomery, "Bosworth's Nominating Petitions Challenged," that Sioux Falls paper, 2014.04.02].


  1. Rorschach 2014.06.05

    Here's another question. How much has Annette Bosworth paid herself and her husband from campaign funds? Candidates for US Senate can pay themselves a salary from campaign funds. They can obviously also pay staff. So I wonder just how much of that old lady/old man out-of-state money they have collected has been paid to them personally as salaries.

  2. Troy 2014.06.05


    A quick review of her last report didn't show anything that even has the appearance of going to her personally. It looks like it all virtually went for fundraising expenses. Nothing even hardly went to activities one could characterize as impacting election decisions by voters.

  3. Steve Sibson 2014.06.05

    Troy, thanks for that observation. That is interesting.

  4. larry kurtz 2014.06.05

    Good thing she is on the Rounds payroll: she has earned every dime Mike is paying her.

  5. larry kurtz 2014.06.05

    Troy, I thought you didn't know the Rounds campaign bought Bosworth bid.

  6. Roger Cornelius 2014.06.05

    She supposedly raised substantial amounts of money in the last of the campaign, have all of her campaign debts been satisfied?
    Would the FEC require her to satisfy debt before diverting funds to a legal defense?

  7. Douglas Wiken 2014.06.05

    I am in no way defending Bosworth, but it may be time to make getting on the ballot in SD a bit easier.

    Something like 20 signatures and $200 filing fee.

  8. Rubbish 2014.06.05

    Funny...Haber is run out of Utah... [I really hate having to delete good comments like this, but I need valid e-mail addresses, folks, so I can verify commenters aren't spammers or sockpuppets. Rubbish, do contact me. —CAH]

  9. daleb 2014.06.05

    there is potentially another reason for their trips to haiti n Philippians with large shipments of medical equipment and supplies... and that reason would be very useful if there were ppl who had ill gotten gains to hide. its probably a crazy theory but in a way it explains everything.

  10. scott 2014.06.05

    I guy I work with, who knows an ex Bosworth employee, said that the FBI has questioned the former employee regarding the good doctor. Whether this was in regard to the petition thing or something else, he didn't know.

  11. Bob Mercer 2014.06.05

    Look at 12-26-31 as a possible answer to one of your questions.

  12. Bree S. 2014.06.05

    Well Dale, it does help explain Grudz connection to Bosworth.

  13. daleb 2014.06.05

    This will never goto trial. It will be wrapped up in a nice little bow in a month or less.

  14. larry kurtz 2014.06.05

    Sully County went 65% for slimeball Rounds, Bree: waddup?

  15. larry kurtz 2014.06.05

    No kurtz. 65% earth hater.

  16. Bree S. 2014.06.05

    I Don't know. It's close to Pierre. Pretend Republicans out in force for Perry. They didn"t get the "Rounds is a lying slimeball" memo.

  17. Rocky Racoon 2014.06.05

    I'm going to be really disappointed if a book isn't written about this afterward and turned into a Lifetime movie.

  18. Roger Cornelius 2014.06.05

    Steve Hildebrand on Facebook is reporting that Bosworth is packing a van and camper and heading to Alaska.

  19. Bree S. 2014.06.05

    Maybe Arends is making a deal, Cory. That could be sweet for a Lifetime movie! I bet he knows a lot.

  20. Troy 2014.06.05

    Cory, I think Bob is saying they are focusing on Annette and don't want to impair charges against Chad in the meantime. I'm not a lawyer but that is what that statute says to me.

  21. Troy 2014.06.05

    By charging them both.

  22. caheidelberger Post author | 2014.06.05

    Hmmm.... Troy, let me reprint the full statute for everyone's reference:

    12-26-31. Offender as witness against another--Compelling testimony--Immunity from prosecution. A person offending against any provision of this title is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, and he shall not thereafter be liable to prosecution or punishment for the offense with reference to which his testimony was given.

    Troy, husband and wife already have immunity from being compelled to testify against each other, don't they? Does this statute supercede that spousal confidence?

    Does this statute apply if the formal charges specify violations of Title 22, not Title 12?

    And if this statute does apply, how does arresting both Chad and Annette impair charges against Chad? It would seem the opposite: not arresting Chad, leaving him free to subpoena as a witness against Annette, would impair charges against him. Am I misreading?

  23. Douglas Wiken 2014.06.05

    Bosworth would have to head for Argentina.

  24. grainofsalt 2014.06.05

    Oh good Lord, Now that poor, poor woman is being politically persecuted (and prosecuted) by Jackley for going on a medical missionary trip. What does the AG have against GOD and his people! (please note my sarcasm) Her fans sound like they have the same amount of rational thought as she does. They believe God will get her out of this because she is Godly (no, no, no, people, she is a con artist who is conning you, and she's gotten herself into all this trouble.

  25. Lynn 2014.06.06

    "I'm facing 24 years in jail for going on a Medical Mission Trip. My husband Chad needs reminded that God has a plan. If you see him... please be kind. He is taking this really hard. It is not the first time Marty Jackley has played hardball with me."

    Oh dear! The Persecution! Chad is taking this so hard. His poor heart may give out. Please send your prayers and especially your checks to.........

  26. JeniW 2014.06.06

    What about her sister? She will no doubt have to testify in court, but can she be charged with any crime?

  27. Jenny 2014.06.06

    I don't believe those were medical mission trips at all, either. Really, 48 hours or Dateline should report these two on their programs to warn other people.

  28. mike from iowa 2014.06.06

    Maybe Jackley will let all three plea bargain(Haber,Bos and Arends) in exchange for testimony against Obama about Ben Gay or some such non-sense. State should step in and take the Boz kids and sell them to a Native American family to prove there is no discrimination there.

  29. Lynn 2014.06.06

    According to the Argus Leader's 100 Eyes David Montgomery was contacted by Joel Arends confirming he is not Bosworths defense attorney

  30. Rorschach 2014.06.08

    I think Bosworth has a crush on Marty Jackley. She's just doing what she does, even going so far as to break the law, for his attention. "Look at me Marty. You can't ignore me Marty." She's like a stalker.

  31. JeniW 2014.06.08

    Rorschach, that is possible, but if she has a crush on him, maybe it is a mutual crush, that is, Jackley has a crush on Bosworth as well.

    Maybe they have a love-hate relationship going on, but I really doubt it.

  32. grudznick 2014.06.08

    Dr. Bos does not have a crush on Mr. Jackley. You people should leave the poor woman alone to miserate about her tough loss.

  33. grainofsalt 2014.06.09

    Jenny, Bosworth and Haber definitely do combine the medical missionary work with a nice place to stay. They've stayed at the Kaliko Beach Resort about 90 min. away from Port- au-Prince numberous times. They've taken the 3 boys with them several times. I wonder if the donors to these medical mission trips realize they are spending $10,000 apiece each time the kids go. I also wonder why they would take the boys more than once, when they know that Haiti is one of the most dangerous places in the world when it comes to kidnapping.

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