Dunn County residents submit petition for grand jury to investigate governor
October 31, 2012 at 3:14 pm in Grand Forks Herald
Residents of Dunn County want a grand jury to decide if campaign contributions Gov. Jack Dalrymple accepted from the oil industry may be considered bribery. The petition signed by more than 170 stems from money Dalrymple’s campaign accepted while he was also serving as the head of the North Dakota Industrial Commission.
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We have to wonder how deep this oil AND coal conspiracy goes. With the Public Service Commission and Kevin Cramer involved in their own conspiracy,
this whole imbroglio takes on the stench of a diseased laughable circus,
if only the charges against these self proclaimed elitists weren’t so damned serious.
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Shame on the Herald for introducing innuendo that this is political, and minimizing by claiming that this bribery statute is some old relic. Our Governor NEEDS to know our laws.
The latest addition to the bribery statute that I am aware of came in 1973, not the ’20s. The law is pretty darn simple to understand, and worded clearly. Just for additional simplification, “PRIMA FACIE” means obvious, evident without proof or reasoning.
Here is the law:
1. A person is guilty of bribery, a class C felony, if he knowingly offers, gives, or agrees to give to another, or solicits, accepts, or agrees to accept from another, a thing of value as consideration for:
a. The recipient’s official action as a public servant; or
b. The recipient’s violation of a known legal duty as a public servant.
2. It is no defense to a prosecution under this section that a recipient was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
3. A PRIMA FACIE case is established under this section upon proof that the actor knew that a thing of pecuniary value was offered, given, or agreed to be given by, or solicited, accepted, or agreed to be accepted from, a person having an interest in an imminent or pending: a. examination, investigation, arrest, or judicial or administrative proceeding; or b. bid, contract, claim, or application, and that interest could be affected by the recipient’s performance or nonperformance of his official action or violation of his known legal duty as a public servant.
NDCC § 12.1-12-01
There can be no honest argument that the actors, Dalrymple and Big Oil, were unaware of the contributions or the ongoing regulatory procedure. So why did these Oil men risk this? I believe they took a calculated risk because the big Big BIG tax avoidance loopholes were exponentially bigger when they were allowed to create a massive drilling mega-unit almost 25 times larger than previous “large” units, 32000 acres compared to a 1300 acres.
So why did Dalrymple risk this? Who knows, but I bet he didn’t think he would ever have to answer to it in this Republican controlled state with Forum Communications in his back pocket.
Shame on the Herald & Forum Communications, and shame on our governor and any regulators who take bribes or contributions from a party to an active regulatory action.
By the way, it’s shameful that the article quotes Lynn Helm claiming that this “minimizes the footprint” of drilling in our National Park (which Rich Berg supported 4 years ago), but doesn’t mention that Lynn Helm said, “The downside is loss of control on the part of surface owners, who must be compensated for easements but don’t get to negotiate specific terms.”
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The law that the Forum refers to as “an old relic” is the petition process for calling a grand jury- It hasn’t been used since 1929. It could, however have been more clear in the article which law they were referring to.
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Read the law. Even if someone were to concede to your every point, it doesn’t matter. Until the law changes, it is law. I don’t want a scofflaw as my governor, especially when the law is so simple and clear.
This is not some complex interpretational issue like the legality of Gitmo or drones. This says, take anything of value while you are having an administrative hearing from someone who could have an interest in the outcome, and you are guilty. It does not matter if you act on it, or even if you have power to act on it, or EVEN if you recuse yourself. This is a cut and dried law, and the heavily Republican controlled ND Legislature made it that way for a reason.
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When it comes to representing the people of North Dakota or the out of state fat cats Dalrymple has made his position quite clear as the facts come out. North Dakotan’s are not getting their fair share of the oil taxes because of republican shananigans. Is this ok with you…? C’mon people, wake up…
Hot debate. What do you think?
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It’s fifty years past due that our Elected Criminals are getting investigated.
“One” is a start.
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There are 170+ heroes in Dunn County.
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In my 60+ years, I’ve been close to and lost a couple of real heroes. Shurkey, clearly your life experience has been different than mine. You are very, very lucky to be able to honestly define 170 petition signers as heroes. Good for you.
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Oh, you’ve got a good point. Society has various levels of heroes; and the folks in Dunn County certainly don’t reach the topmost level.
The biggest heroes of “9/11″ died in a field in Pennsylvania. Ordinary people who re-took the hijacked aircraft and ended it’s threat to a more-populated area. Folks who weren’t trained to do that sort of thing and who understood the risks and sacrifice, and did it anyway.
This does NOT mean that “ordinary people” in Dunn County can’t have their day and a certain amount of recognition; for similarly doing the right thing even though doing nothing and looking the other way is so much easier.
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As indicated in the article, the Dunn County States Attorney has yet to sign off before the petition can proceed. In a political climate where at least one political party demonstrates that they are above the rules, don’t hold your breath. The thieves and scoundrels abound in a system that often seems devoid of accountability.
I applaud those citizens of Dunn County that signed the petition and the attorneys who took on this cause. Let us now sit back and watch how the monied interests and politically powerful worm their way out of this one! The lying has begun. And so it goes…..
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Your conclusions before the facts is so typical of a few posters here. My experience with public servants of either party is way different than your assumptions proving to me that you have no experience working closely with legislators. “Thieves and scoundrels” is silly talk and from another planet, at least in my experience.
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Would you hire someone who has criminal charges pending? I wouldn’t, and we shouldn’t.
Taylor in twelve! Dahlrymple in sixteen, but only if he’s clean!
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Well, in this case, Kyle, he’s already our employee so the hypothetical question is, “would you fire a person who MIGHT have charges pending?” Of course, the answer is no. You and I are polar opposites. Not complaining, just saying.
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Yes, Dalrymple is already “employed”, but you clearly don’t understand how that position is…time limited.
I wouldn’t re-hire him to be a dog catcher. Let him make his way in the private sector, where he might have to DO SOMETHING instead of sitting on his ass all day long, while his “assistant” makes ‘phone calls trying to excuse his lack of action.
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And clearly, you and Kyle would fire someone who might have charges pending. Oh, and clearly I’m glad you two don’t work for me. You’d have my company in court all the time.
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I remember listening to Republican radio a short while ago. I heard a lot of whining about allowing some NDSU football players stay on the team, even before they had a hearing. But now, you and the Cons are saying we should err, and it will be an error, on the side of the Governor.
It would seem to me that the Governor is more influential, and more important to avoid the appearance of impropriety, than some Moo U ball players.
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“And clearly, you and Kyle would fire someone who might have charges pending.”
Clearly YOU don’t understand the difference between firing someone, and refusing to re-hire them.
But since he has been re-hired, NOW we may get the opportunity to fire him, depending on the outcome of the investigation.
Hopin’ and prayin’ to dump Do-Nothing Dalrymple overboard before his secretary calls me again to make excuses for why he seems to be paralyzed.
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