AP

What to know ahead of South Dakota AG impeachment trial

Jun 20, 2022, 10:20 AM | Updated: 1:18 pm

SIOUX FALLS, S.D. (AP) — South Dakota Attorney General Jason Ravnsborg faces a historic impeachment trial this week for his actions surrounding a 2020 car crash in which he struck and killed a pedestrian.

As the state Senate prepares to decide whether the first-term Republican attorney general should be convicted and removed from office, here’s what to know ahead of the two-day trial that begins Tuesday:

WHY WAS RAVNSBORG IMPEACHED?

He struck and killed 55-year-old Joseph Boever as Boever was walking near the shoulder of a rural highway in September 2020.

Ravnsborg told a 911 dispatcher he hit “something” in the middle of the road and later said he believed he had hit a large animal. The next day, he returned to the crash site and said it was only then that he discovered Boever’s body.

After a lengthy criminal investigation, Ravnsborg pleaded no contest to a pair of traffic misdemeanors, including making an illegal lane change. Ravnsborg attempted to move past the crash, but Gov. Kristi Noem, a fellow Republican, pushed for his ouster.

The House in April impeached Ravnsborg on two counts: committing crimes that caused someone’s death and malfeasance in office.

WHAT ARE THE IMPEACHMENT CHARGES?

The first charge centers on the crash and Ravnsborg’s driving record leading up to it.

“The attorney general has broken the law, and as a result of that one of our citizens has died,” Republican Rep. Will Mortenson told the House as he argued for impeachment. Mortenson said the crash was part of a “disturbing pattern” of driving by Ravnsborg, pointing to a score of traffic tickets and warnings he had accumulated.

The malfeasance charge covers a range of Ravnsborg’s actions.

House lawmakers say Ravnsborg misled law enforcement, from telling a 911 dispatcher the collision happened “in the middle of the road” to later interviews in which criminal investigators said the attorney general was not being straightforward and telling the truth.

The House lawmakers also argue Ravnsborg abused the powers of his office by using official letterhead for a statement on the incident and later questioning a Division of Criminal Investigation agent about what the crash investigators could find on his cell phone.

Ravnsborg has consistently denied wrongdoing and cast the Senate trial as a chance to be “vindicated.”

WHAT WILL HAPPEN AT THE IMPEACHMENT TRIAL?

It takes two-thirds of the Republican-controlled Senate’s 35 members to convict Ravnsborg, which would trigger automatic removal as attorney general. If he is convicted, senators could also bar him from holding future office with another two-thirds majority vote.

They will make that decision after convening for two days in the first impeachment trial in state history. It will also give both sides an opportunity to openly present and examine the details of an incident that has roiled state politics for well over a year.

Lawmakers have opted for a speedy trial. The impeachment prosecutors and Ravnsborg’s defense attorney have each been allotted one hour for an opening statement, four hours for witness testimony and one hour to close their arguments.

“That’s highly constrained, highly unusual — something I’ve never done,” said Pennington County State’s Attorney Mark Vargo, who is leading the prosecution.

He was initially part of the criminal prosecution team but left before a charging decision was announced.

Vargo and other prosecutors plan to present in-person witness testimony from crash investigators, as well as former members of the Division of Criminal Investigation. The agency is under attorney general oversight and thus was recused from the crash investigation, but Ravnsborg tapped into its expertise as the North Dakota Bureau of Criminal Investigation probed his conduct.

One former Division of Criminal Investigation agent fielded questions from Ravnsborg about what could be extracted from his cellphone during the crash investigation, and another was asked about polygraph testing.

Ravnsborg has not said whether he will testify.

His defense attorney Mike Butler will not call any witnesses. He will instead rely on cross-examination of the prosecution’s witnesses as well as oral arguments.

Senators may take additional time to ask additional questions and debate the articles of impeachment. They plan to vote on a verdict by the end of the day Wednesday. The Senate will vote on each impeachment article, as well as whether to bar him from holding future office in the state.

WHAT HAPPENS AFTERWARD?

The trial outcome may have implications for others besides Ravnsborg.

A conviction would be a victory for Noem, who has adamantly pushed for Ravnsborg’s ouster. She said last year she was “outraged” at the result of the criminal investigation and suggested that impeachment could hold Ravnsborg accountable.

Noem would name Ravnsborg’s replacement until the candidate elected in the November race for attorney general is sworn-in. Ravnsborg was up for reelection this year but decided not to run.

Ravnsborg has argued that the governor, who has positioned herself for a possible 2024 White House bid, pushed for his removal in part because he had investigated ethics complaints against Noem. His office is also investigating whether an organization aligned with the governor broke campaign finance disclosure laws.

It’s not clear how Ravnsborg’s permanent ouster would affect those investigations.

Meanwhile, the South Dakota GOP is set to decide its next candidate for the attorney general’s office at a convention in the days after the Senate trial. One of Ravnsborg’s top aides, David Natvig, has declared his interest in the nomination and portrayed himself as someone who could continue Ravnsborg’s work.

Natvig directed the Division of Criminal Investigation under Ravnsborg.

However, Marty Jackley, who held the attorney general’s office for roughly a decade before Ravnsborg, is also vying for the GOP nomination for his old job. He has support from Noem and from much of the state’s law enforcement community.

Delegates from each county Republican party will vote on an attorney general nominee on June 25.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Several hundred students and pro-Palestinian supporters rally at the intersection of Grove and Coll...

Associated Press

Pro-Palestinian protests sweep US college campuses following mass arrests at Columbia

NEW YORK (AP) — Columbia canceled in-person classes, dozens of protesters were arrested at New York University and Yale, and the gates to Harvard Yard were closed to the public Monday as some of the most prestigious U.S. universities sought to defuse campus tensions over Israel’s war with Hamas. More than 100 pro-Palestinian demonstrators who […]

5 hours ago

Ban on sleeping outdoors under consideration in Supreme Court...

Associated Press

With homelessness on the rise, the Supreme Court weighs bans on sleeping outdoors

The Supreme Court is wrestling with major questions about the growing issue of homelessness as it considers a ban on sleeping outdoors.

6 hours ago

Arizona judge declares mistrial in case of rancher who shot migrant...

Associated Press

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

An Arizona judge declared a mistrial in the case of rancher accused of killing a Mexican man on his property near the U.S.-Mexico border.

7 hours ago

Donald Trump appears in court for opening statements in his criminal trial for allegedly covering u...

Associated Press

Trump tried to ‘corrupt’ the 2016 election, prosecutor alleges as hush money trial gets underway

Donald Trump's criminal trial in New York over alleged hush money payments started with opening statements on Monday.

16 hours ago

This satellite image from Planet Labs PBC shows Iran's nuclear site in Isfahan, Iran, April 4, 2024...

Associated Press

Israel, Iran play down apparent Israeli strike. The muted responses could calm tensions — for now

Israel and Iran are both playing down an apparent Israeli airstrike near a major air base and nuclear site in central Iran.

3 days ago

Speaker of the House Mike Johnson, R-La., talks to reporters just after lawmakers pushed a $95 bill...

Associated Press

Ukraine, Israel aid advances in rare House vote as Democrats help Republicans push it forward

The House pushed ahead Friday on a foreign aid package of $95 billion for Ukraine, Israel, Taiwan and other sources of humanitarian support.

3 days ago

Sponsored Articles

...

DESERT INSTITUTE FOR SPINE CARE

Desert Institute for Spine Care is the place for weekend warriors to fix their back pain

Spring has sprung and nothing is better than March in Arizona. The temperatures are perfect and with the beautiful weather, Arizona has become a hotbed for hikers, runners, golfers, pickleball players and all types of weekend warriors.

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

...

Collins Comfort Masters

Avoid a potential emergency and get your home’s heating and furnace safety checked

With the weather getting colder throughout the Valley, the best time to make sure your heating is all up to date is now. 

What to know ahead of South Dakota AG impeachment trial