Where's Ross Mirkarimi's 'official misconduct'?
San Francisco Gate / Debra J. Saunders
30-Mar-2012 (5 comments)

I hate to sound like a lawyer, but: There's a big hole in Mayor Ed Lee's suspension of Ross Mirkarimi as sheriff.

In written charges that launched a San Francisco Ethics Commission investigation on "official misconduct," Lee asserted that during a New Year's Eve argument, Mirkarimi grabbed his wife Eliana Lopez "with such force that he bruised her upper right arm." The big hole: Mirkarimi didn't become sheriff until Jan. 8.

"One cannot abuse an office one does not hold," wrote Mirkarimi attorney David P. Waggoner in a legal challenge to the suspension.

Lee also charged that persons acting for Mirkarimi - read: Lopez - "dissuaded and intimidated one or more witnesses." In a Chronicle op-ed, neighbor Abraham Mertens claimed that on Jan. 4, Lopez asked him and his wife to destroy evidence in the case. That allegation has not been proved in court; and again, Mirkarimi wasn't sheriff.

The mayor claims that the City Charter doesn't "require that the wrongful conduct at issue occur while the officer held the office from which the mayor seeks to remove him." So how far back in time can the mayor go?

The answer to that question should give pause to other San Francisco elected officials.

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Veiled Prophet of Khorasan

Mirkarimi defense fund

by Veiled Prophet of Khorasan on Sat Mar 31, 2012 06:54 PM PDT

If I may say we should make a defense fund for Mirkarimi. There are enough Iranian Americans here and if just 1000 of us each put 100 $ there will be a nice bit. 

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Kaveh Nouraee

Excellent Article!

by Kaveh Nouraee on Sat Mar 31, 2012 05:45 PM PDT

Mr. Ala, if I may, the issue didn't become political, it was political from its inception.

I'm really interested to see how "official misconduct" can be proven when the acts being alleged took place prior to his taking office.


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Veiled Prophet of Khorasan

The problem

by Veiled Prophet of Khorasan on Sat Mar 31, 2012 07:29 AM PDT

 

was he went against Willie Brown; Rose Pak and the other sewer dwellers of SF. Mirkarimi's reputation is wrecked but so is that of Lee; Rose Pak; Gascon; SF Chronicle and the dv lobby.


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Sheila K

no charges were file; pleading guilty to what?

by Sheila K on Fri Mar 30, 2012 05:37 PM PDT

I just can't get passed the fact that the wife did NOT file any charges. So why is he being indicted and pleading guilty? He should've gotten a better lawyer. He went for a female lawyer thinking it would help his image. He should've played dirty with the mob as they deserve and expect.


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Mohammad Ala

Mob rules rather than let courts do their job.

by Mohammad Ala on Fri Mar 30, 2012 04:31 PM PDT

As I mentioned in another thread, the issue has become political and the mayor Lee did what Willie Brown and his groupie told him.  If Mr. Mirkarimi’s salary has been suspended, it will limit his ability to continue his fight.  He will win in courts, but the media did its damage and he will lose in public opinion.


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