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May 11, 2009

Utah AG riding BCS lawsuit to higher political office?

Utah Attorney General Mark Shurtleff confirmed last week that he has yet to file a case, but still intends to proceed with a lawsuit against the BCS.

Shurtleff told KUTV that the case would cost millions to pursue, but he is hopeful that the federal government and other states will join the case to reduce the burden to Utah's taxpayers.

"The next step is to talk to the Department of Justice, and see if they will lead on this suit," Shurtleff said.

But... as fate would have it... Shurtleff's announcement on the case comes just days before he is expected to announce his candidacy for higher political office... and just days following a $300-per-plate anti-BCS fundraising dinner with Utah head football coach Kyle Whittingham overlooking Rice Eccles Stadium.


Posted on Shurtleff's personal Facebook page is this promotion of his April 28 Law Day fundraising dinner: "Mark Shurtleff with Speaker Kyle Whittingham to Let you know that we're not gonna take it!

"For all you BCS busting DIE-HARDS out there we're going to be holding a dinner to let you know what we are doing about the blatantly unfair college football championships."

Hmmm.... that timeline seems awfully... convenient. I wonder if Shurtleff truly believes that the BCS lawsuit is worth millions of Utah tax dollars or if he's just looking to rile up the folks in advance of his new political aims.

The fundraiser has legal ethics experts talking, given the appearance that the AG is raising money for his political action committee on an issue currently under his investigation.

"There're obviously concerns raised when a politician uses an investigation to raise campaign funds," said George Washington University law professor Jonathan Turley, who also serves as a legal analyst for CBS and NBC.

...

Susan Carle, a law professor at the American University Washington College of Law who specializes in legal ethics, said Shurtleff's comments could prejudice any case in the works.

"It countervenes his role as a prosecutor," Carle said. "His duty is to do justice."

It could also be a breach of ethics to use a case he oversees for personal political gain, Carle added.


You have to hand it to Shurtleff. If you're going to run for Senate or Governor, there's really no better way to broaden your political base than to find a boogeyman. Could there be a better target for red-blooded Utahans?


Now... if I could only remember how Paul Harvey used to close his broadcasts....

HT: The great Ben Maller

 

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