Showdown behind
State House doors
Before Gov. Mark Sanford arrived for a private meeting with
legislators Wednesday, a Republican House member testily said, “I
don’t know why any of us are in here.”
After he arrived, Rep. Annette Young, R-Dorchester, told Sanford:
“I just want you to start governing.”
It’s a rare glimpse of the political showdowns that usually
happen away from the public eye.
Exclusively in The State: Excerpts from a transcript of
Wednesday’s meeting.
Here are excerpts from a tape recording of the Republicans’
meeting, picking up with the governor’s late arrival:
Mark Sanford Republican governor
Apologize ... I want to get together for two seconds to get one
last sense of what you all think. The Speaker was very loud and
clear in his point that he didn’t think it was a good idea.
My hunch, urge, gut — whatever you want to call it — is still to
go ask the Supreme Court for declaratory judgment to this issue as
to what is, what isn’t, single subject.
The reason I think it’s worth doing is, all of us at the end of
the day are conservatives. All of us are Republicans. If you’re a
Republican, one of the issues you should care about is process.
...
We talked about when I laid my left hand on the Bible, raised my
right hand and swore to uphold the constitution, it was with that in
mind, I called in leadership of the House, Bobby (Harrell) and David
(Wilkins) and said, There’s a whole new issue, wrinkle, that’s come,
and I’ve got to internally figure this thing out and say if the
constitution says single subject, at the end of the day, in my gut,
do I believe in my heart of hearts that this is a single-subject
bill? I don’t believe that.
The question I laid out in my press conference was, Where do we
go from here? One way is legislative route and create statutory
change more narrowly defined single subject which, for instance, is
what Florida has. Or go to the fourth (sic) branch of government and
say, what do you think? We have a legitimate disagreement within the
family.
What’s the third (sic) branch of the family think? That’s no
crisis. ... One, I wouldn’t do this in any way adversarial against
any one of y’all, but some of y’all might take it that way. It would
be about how do you get this cleared up. ...
Y’all have been great on the House side. Y’all passed clean life
sciences bill, clean venture capital bill, clean research bill. The
problem has been on the Senate side. I don’t think we’ll be able to
get that kind of statute through on the Senate side.
The question, then, is how could we get a more narrow definition,
based on what the constitution says on single subject, and be part
of the legacy that I think would be important to all of us, in more
narrowly defining that. If you have too wide a definition of single
subject, that gets very costly from taxpayers’ perspective.
David Wilkins Speaker of the House, R-Greenville
As I said this morning, I understand the theory, and that may be
great in a perfect academic world, but this is politics.
Sanford
Sure.
Wilkins
You will be the first governor ever to sue the Legislature. We’re
Republican, and you are Republican. It’s not some theoretical,
governor brings suit. It’s Sanford versus ... members of the House.
... We don’t need this story out there.
You’re winning the P.R. battle. We know that. I’ll give you that.
... You can’t meet with us today with the press clamoring. You can’t
have a press conference tomorrow to announce you’re going to do this
and it not be a story for the next three or four days.
Our members are going to get asked, they’re going to defend
themselves, their opponents are going to use it against them. It’s
bad politics for us. It may be a great academic exercise for you,
but it’s bad politics for us.
Your problem is not with the House. Your problem is with the
Senate. ...
The second reason is, I think you’ll continue to worsen the
relationship you now have with the General Assembly. I think you
have a tenuous one, at best, right now. I think you have a better
one in the House than in the Senate. I think this is going to worsen
both of them, and I just think it’s not a good idea.
...
Rep. Bob Leach R-Greenville
We understood you were going to use a line-item veto. Why didn’t
you do a line-item veto and take out that pork?
Sanford
I would have liked to have done line-item veto.
Leach
Were you pressured not to do it?
Sanford
I had conversations with some of y’all on that front. I think the
bigger point ... I had conversations with y’all. (Sen.) Hugh
Leatherman said in the press, we will bring suit.
The question was not about lawsuits. The question was whether
this was or wasn’t an appropriations bill. I had conversations with
y’all. Folks in the Senate said, We think it’s very clearly an
authorization bill, not an appropriations bill, and if you treat it
as appropriations bill, we’ll sue you.
We were on sandier ground of whether it was or wasn’t
appropriations bill. We put that card down and said we’ll fold on
that card. We will just veto the whole bill. I thought that was
going to be the end of the story. ...
I’ll say this — with all due respect to the Speaker — becomes not
an academic question. It’s a gut-check all of you have to have when
you vote.
I really struggled with me being able to look anybody in the eye
and being able to say this was single subject. I tried to get
there.
...
Wilkins
If you’re consistent with it, you’ll never sign another bill into
law.
The bill had those issues in the title. Your restructuring bill —
1,800 pages, 20 pages in the title — it’s got more than one issue in
the title. You’re not going to sign that bill if it came to your
desk? You’re inconsistent with this.
Sanford
I don’t think we are. We think all that dealt with restructuring,
and that there’s a real difference between giving research
universities power of eminent domain, a culinary school in
Charleston, a convention center in Myrtle Beach, with all due
respect to the convention center in Myrtle Beach, an expansion of
LIFE scholarships.
...
Rep. Dan Tripp R-Greenville
You chose not to do the line-item veto because it was easier for
you to veto the whole thing, rather than tell people across the
state that their projects were pork. You made a political
decision.
Sanford
I’m saying all those were considerations. At the end of the day,
what the battle was or wasn’t about was not whether it was or was
not an appropriations bill. The battle was a struggle with process.
The question that came up the follow day was a constitutional
question.
I’ve consistently shown if I believe in something, I’m willing to
take political heat. The notion that I did that based on a desire to
avoid political heat is at odds with a whole lot of things I’ve done
over the course of my time.
Wilkins
If you file suit, I think you’re going to jeopardize the
pharmaceutical company in Greenville, and that costs jobs. That’s a
good reason not to do it right there.
...
Sanford
Based on conversations I’ve had with the Speaker, he said,
Please, if you’re going to do this, please do not do this before
filing.
Wilkins
I said don’t do it, but if you do do it ...
...
Sanford
Right, but you also said, If you’re going to do something like
this, don’t do it before filing. And I said, Yes, sir.
The second question you raised about the pharmaceutical company.
I had conversation with (Commerce Secretary) Bob Faith last week,
conversation with Bob Faith this week.
His point was, no, at this point it’s not in jeopardy and this
won’t change that.
Wilkins
That’s one guy saying that. Have you talked to the CEO, do you
know that?
Sanford
I’ve talked to the guy who talked to the CEO.
...
Rep. Bill Sandifer R-Oconee
Something you said disturbs me a great deal. ... In reality, we
see it as the same as an attack on the Republican caucus, repeated
ever since you’ve been in office, no change. I believe it is wrong
for any person to climb to the top by stepping on the backs of his
friends, and that’s what we see you doing.
Sanford
Do you see if you put your hand on the Bible and you raise your
right hand, that the constitution says single subject, that you
wouldn’t struggle with it?
Sandifer
I think you have a moral obligation to look at it in the light of
political reality.
Rep. Bobby Harrell House Ways and Means Committee
chairman, R-Charleston
First of all, all of us put our left hands on the Bible and
promised to uphold the constitution, as well. You said repeatedly
about one subject in the bill. The rest of that section of the
constitution talks about it being enumerated in the title, and that
has consistently been determined by the Supreme Court, that what
governs this, what was in the title.
The point beyond that, to me, is, if you did prevail, and I
really don’t think you will, the title governs this. So we’re right.
So it was factually constitutional. If you were to prevail, then
anything that came to you, in fact, even if you didn’t prevail, when
the Senate does send you Medicaid reform with income tax and
cigarette tax. I can give you cigarette tax, but income tax doesn’t
fit it. But your staff, at your orders, asked them to include that
in the bill last year.
Asked them to include all three of those things in the bill.
You’ve asked the Senate to do exactly what you’re talking about
going to court to stop.
On restructuring ... it requires ethanol or some other fuel to be
used for the fleet, it requires constitutional officers to become
part of the Cabinet, gives more power to joint bond review
committee. It does a multitude of things beyond simply saying this
position goes over here. It adds a whole bunch of new stuff to the
structure of government. I can’t imagine how, if you prevailed, you
could sign that bill.
My point of this is, I don’t think a suit you would bring is a
suit that would or should prevail. And you have other major
priorities that you want us to consider. Restructuring would have to
be 50 different bills, at least.
...
Wilkins
I have researched it thoroughly. We honestly believe your lawsuit
has no merit. I’ve told the caucus that. Unless your lawyer tells
you with as much certainty as mine is telling me, there’s only one
way to interpret your lawsuit, and that is that it’s politics over
substance, and you’re looking for a good P.R. battle, and you’ll win
that.
Sanford
I don’t need to win the P.R. battle.
Wilkins
Then don’t sue us.
Sanford
If you look at my numbers, and I can give you polls, I’m just
fine on that front, I don’t need help on that front.
Wilkins
If it was truly policy over politics, then you wouldn’t have a
press conference tomorrow to announce you’re suing us. You wouldn’t
have a big press conference.
You wouldn’t have the press out there waiting on us to talk to us
today.
Sanford
I didn’t call anybody out there.
...
Rep. Annette Young R-Dorchester
I think this is another reason I’m very concerned. If you want to
solve the problem, it’s in the Senate. Once it gets kicked back to
us ...
Your attack on us, when the problem is in the Senate, is another
reason this group is going to be terribly upset. I think that, if
you want to do the lawsuit, Governor, let’s stand up together and
say we don’t like bobtailing. Let’s stand up and attack where the
problem is. It’s not the House.
You’re saying, House members, even though you passed no
bobtailing, we’re suing you anyway.
I just want you to start governing. That’s what I think we can
do, help get this thing ironed out.
Sanford
You outlined precisely why we would have a press conference,
because we’d like to very carefully outline ...
Wilkins
So sue the Senate.
Young
Again, we’re feeling victims again. For the people who gave you
your income tax bill ... nobody in this room loved that thing.
Nobody in this room loved that thing. But we gave it to you.
...
Rep. Joanne Gilham R-Beaufort
Perception, when you get to the street, is everything. Our people
don’t care about caucus, about this meeting today. They only read
the newspapers. Who will be paying the bills (for the lawsuit)? The
people?
Sanford
No, it will be privately funded. ...
Gilham
A Republican governor and Republican majority. So far all the
people have seen is fighting and fussing. People say to me, What is
our governor doing? And I have defended you. But honestly, I feel
like this time ...
If you go forward with this, it’s going to be hard. And the
people will listen to the truth. You really need to think about
communicating to this caucus in a better way than you have in the
past. ...
If you don’t need the numbers as you said, why not come to us and
say, We have a problem, how can we work it out?
...
Rep. Rick Quinn House majority leader, R-Richland
In fact, some of the people who have had the most direct contact
with their constituents are people that voted to sustain the veto.
...
I will tell you what will happen is the minute you lose in the
Supreme Court, it’s going to make the whole issue of the title
meaningless in the Senate.
You talk about your oath. There’s an explicit oath you took, to
do in the best interest of the state. I don’t believe, in the long
run, this is a productive thing for the office you hold.
The best thing for us to do is team up and get income tax done
and restructuring done. What you’re going to do is ...
...
Rep. Gary Simrill R-York
I have the utmost respect for you. I want to see you elected to a
second term, but I think if you start destroying what we have and
the dominoes start falling, that creates real problems.
During that vote, your veto was overridden. You lost, I lost, we
move on from that point. That’s where we need to be, move forward
from here, not to look back. I am imploring you with the Speaker not
to go forward with the lawsuit.
Rep. Doug Smith Speaker pro tem, R-Spartanburg
Governor, this is the worst I’ve ever seen our caucus. And we’ve
been through some tough times. There are some of us here who
actually served in the minority party. I can tell you, I don’t want
to be here again to do that.
First of all, there’s two things that still confound me. I
supported the leadership of the House. I looked at David and others
as to what to do. I thought I was doing the right thing. I wished I
did what Gary Simrill did (vote to sustain). ...
To me it’s the worst rug-pulling situation, because I would have
loved to have been able to help you. I didn’t get that message. I
don’t think most of us got that message. We’ll have to move on.
...
Rep. Jeffrey Duncan R-Laurens
I was excited about coming to serve in the General Assembly. I’ve
been disappointed, since I came down here, by lack of unity.
...
Sanford
Communications can be a both-way process. If we veto and it’s
immediately overridden in the Senate and it’s immediately overridden
in the House, there isn’t much opportunity for communication.
There was a much longer communication that took place in the
State of the State. In the chamber, two weeks into the session. You
go out and say, I will veto this if it’s not a clean bill.
You say it multiple different occasions. In fairness to Tom, I
think we did communicate where we were. It was there. I think we
were fairly consistent on communication front.
If we did go down this road, I will go to bat for any of y’all
for your campaign. Period. Because you’re Republican. That is a
separate issue from trying to get a clear reading on this.
I haven’t gotten into primaries before, ever.
...
Rep. Lewis Vaughn R-Greenville
I think you’re making it extremely difficult for economic
development people including your own man, Bob Faith, to go out and
recruit to this state because of this kind of squabble. I think
you’ve got to put this thing in order. Because we do not want to
hurt people running.
...
Wilkins
Are you going to have any comments to the press about this
meeting?
Sanford
Yeah, I’m not going to walk out of here without saying something.
Whether I do or don’t go forward with this is, we have a problem
with process, which is the Senate, which I’ve said before.
Wilkins
Are you having a press conference tomorrow?
Sanford
That, I don’t know.
Wilkins
Are you planning on filing suit?
Sanford
That, I don’t know. I am biased in that direction.
(END OF
TAPE) |