More on the affidavit's results

Last Friday, Feb. 9, Beth Brewer, a Durham resident who led the campaign to unseat DA Mike Nifong in last November’s election, filed a sworn affidavit in Durham Superior Court requesting the court remove Nifong from office. The affidavit cited as cause for removal many of Nifong’s statements and actions which the NC State Bar’s Ethics Committee cited when it brought charges against him.

I posted Saturday on Brewer’s action and the news a judge would stay her request at least until the Bar acts on its Ethics Committee’s charges. Even if the judge stays her request, Brewer’s action accomplished a great deal. I discussed some of what it accomplished.

Today, in this post, I'll say more about what Brewer's filing accomplished.

A WRAL report on the filing included the following:

The complaint is significant, former federal prosecutor Dan Boyce said, and raises questions not only about Nifong's ability to serve as district attorney, but also his right to practice law.

"I think he's got to consider whether, in the interest of justice and in fairness to the people of Durham County, whether it's time to resign," Boyce said. "There's too much attention being focused on him and not enough attention being focused on the (Duke lacrosse) case itself."

As noted in Saturday’s post, Boyce ran in 2000 as the Republican candidate for NC Attorney General, losing to the present Attorney General, Roy Cooper.

Boyce is, as far as I know, the first state-wide leader of either party to call on Nifong to resign.

Boyce’s call for Nifong’s resignation, coming as it does from a very well-respected former federal prosecutor, state attorney general candidate and member of the NC Bar should prompt reporters to ask other NC leaders whether they agree Nifong should resign.

Governor Mike Easley, now in his seventh year as governor, recently said Nifong was his worst gubernatorial appointment.

Well, Governor, do you agree with Boyce? Should your worst appointee resign?

Members of both parties now seeking their party’s nominations for state-wide offices – particularly governor and attorney general – should be asked by media whether they too think Nifong should resign.

Law professors and leading attorneys should be asked for their opinion on resignation.

By prompting Boyce’s resignation call, Brewer’s filing has helped make it easy for NC’s media to ask the Nifong resignation question when news reporting and to comment on it when editorializing.

If editorialists don't think Nifong should resign, what do they think a district attorney charged by the State Bar’s Ethics Committee with scores of ethics violations including withholding exculpatory evidence should do during the months he’s preparing his defense and a cloud hangs over his office?

Should Nifong perhaps take a leave of absence? Are there provisions in state law for the appointment of a temporary replacement? What about that, Governor Easley?

Or should we just go on for months in Durham with a situation in which, if a police officer, for example, is trying to get a witness or suspect to cooperate in a criminal investigation, the officer is forced to say something like: “Why, yes, our DA had been charged with withholding exculpatory evidence. Does that bother you?”

An awful lot of good has already come from the affidavit filing. And a lot more good can come of it.

Once more to Beth Brewer and those working with her: Well done and thank you.