Columnist Jeff German: Augustine is unlikely to get a fair shake

Tuesday, Nov. 9, 2004 | 11:01 a.m.

If you thought the impeachment process was going to be fair to Nevada Controller Kathy Augustine, you would be wrong.

On the eve of Wednesday's special session of the Legislature, Augustine and her high-powered lawyers already are challenging the propriety of the proceedings.

One of her attorneys, Dominic Gentile, sent a letter to legislative leaders Monday arguing that a "disinterested special prosecutor" should be appointed to present evidence to lawmakers, rather than the attorney general's office.

Gentile contends the AG has a conflict of interest and has consistently demonstrated a bias against Augustine that would prevent her from getting a fair shake before the Legislature.

Such an argument ordinarily would get serious consideration in most proceedings. But that doesn't appear to be happening in this highly charged environment, which finds itself balancing the law, the facts and, most of all, the politics of impeachment.

Politics is the wild card here that likely will end up ruling when all is said and done. That means fairness, despite what lawmakers are saying, likely will take a back seat.

Augustine is in this position because, after she admitted to violating ethics statutes prohibiting her from putting office employees to work on her 2002 re-election campaign, the law says the Legislature must take steps to consider removing her from office by impeachment.

The facts are uncontroverted. She has acknowledged wrongdoing. But did she commit an offense worthy of removing her from office?

That's a matter of politics and the law.

Gentile says she didn't, and he ultimately hopes to prove it.

What Augustine did, Gentile argues, is nothing more than what many elected officials routinely do. They rarely, however, admit it.

"Who doesn't have people working for them work on their campaigns?" Gentile asks.

It's not as though Augustine has embezzled large sums of public money or made bad fiscal decisions that cost the taxpayers a bundle, her side says. And, as the argument goes, she isn't charged with a crime, and the office is still functioning.

Both sides can find some supporting law for their arguments, but the politics are clear.

The Legislature sets the rules. The Assembly decides if she'll be impeached. The Senate will try her.

And, if they know what's good for them, no one in the Legislature will want to be associated with her.

Let's face it. Augustine is seen as a bad apple in a state that has had one too many of those in recent months. After taking a pounding last year over raising taxes, no lawmaker will stand up for a politician alleged to have abused the authority of her office and broken the public's trust.

Members of her own party don't even like her. Fellow Republican, Gov. Kenny Guinn, pushed for the costly special session. And another Republican, Attorney General Brian Sandoval, kept Augustine on the hot seat for more than a year until she agreed to admit to ethics violations.

As for the Democrats, they're just happy to see political misfortune come to a Republican for a change.

The law and the facts may be debatable, but the outcome isn't.

It may not be fair, but nothing is fair about the politics of impeachment.