Arkansas State Supreme Court Ruling
A Double-Edged Sword Allowing Political Weaponization ?
A decision by the AR Supreme Court (ASC) on November 13th paved the way for the AR Attorney General to prosecute crimes.
The case was brought to the ASC by Nathan Pruss, a Cabot businessman, who is charged with Felony Theft of Property pertaining to payments he received from Lonoke County authorized by County Judge Doug Erwin. (see link below)
https://www.facebook.com/share/p/1EFfmJgqA7/
The theft was investigated by the Public Integrity Division of the Attorney General’s Office. Their findings were sent to Lonoke County Prosecutor Chuck Graham who refused to prosecute Pruss.
AG Tim Griffin then made the decision that his Office would prosecute the case which prompted Pruss’s attorneys to file a motion to dismiss which Lonoke County Circuit Judge Barbara Elmore denied.
Pruss appealed that decision to the ASC stating – “This Petition raises a fundamental question of first impression— whether the appointment of a deputy Attorney General as special prosecutor in State v. Pruss, 43CR-24-279 (Lonoke County), after the county prosecutor declined charges and subsequently recused himself, violates the separation of powers or prohibition against dual office holding guaranteed by the 1 Arkansas Constitution? This Court should grant this Petition to answer this fundamental question.”
Pruss went on to state - “If the Constitution means what it says, then the Attorney General and his deputies cannot usurp the power of prosecution. The Court should grant this Petition and restore the constitutional order promised to every Arkansan, including Nathan Pruss.”
Pruss’s argument did not hold water with the ASC, so the AG’s Office is cleared to continue the prosecution of the case.
Court documents link –
https://caseinfo.arcourts.gov/opad/case/CR-24-680
From one side of the sword, many say it’s a great decision. Otherwise Pruss would have been freed from the charges and walked away.
From the other side of the sword, many say that this tees it up for the AG’s Office to be weaponized to commit political persecution…. much as the Democrats have done with the Department of Justice.
As an example on October 21st the State Legislative Joint Review Committee (JRC), Co-Chaired by State Senator Kim Hammer (pictured) and State Representative Mark Berry, met and referred a matter involving Arkansas Voter Integrity Initiative (AVII) to the AG’s Office for prosecution.
AVII works to promote Counties to switch from voting machines to paper ballots. The issue revolves around the legality of obtaining signatures gathered on petitions.
The State Legislature has not been shy to show their disdain for paper ballots despite polling that shows the people are overwhelmingly in favor of paper ballots.
Many, ( including myself ), saw the rhetoric and actions of the JPRC that day as a Witch Hunt, including former Wisconsin Supreme Court Justice Mike Gableman.
Gableman, who has worked tirelessly for election integrity in Wisconsin, was on hand to observe the hearing and support the AVII group.
He asserted that the JPRC was weaponizing its power for political purposes along with stating - “This appears to be a witch hunt in order to intimidate the supporters of paper ballots,”.
So, on one hand the ASC’s decision has paved the way for the AG’s Office to step in when Prosecutors, for corrupt reasons, decline to prosecute crimes…. while on the other hand it has also paved the way for the AG’s office to weaponize its powers for political persecution.
The question is ….does the Good outweigh the Evil ?