Sunday, July 16, 2006

Flashback for Nebraska attorney David Domina; he lost the impeachment case against Attorney General Paul Douglas but manages to take down Regent David HergertNebraska Legislature on behalf of the State v. Hergert, S-06-425, 271 Neb. 976HTML Anti-Hergert pundits, in this case almost the entire establishment media in Nebraska are lauding the Legislature's counsel David Domina's role in removing elected regent David Hergert after the unanimous Nebraska supreme Court decision last week. But Domina was quite familiar with impeachment when he was the Unicameral's counsel for the commonwealth investigation in 1984. It appears that his possibly youthful mistakes and lack of aggressiveness allowed the more cunning Attorney General Paul Douglas to get off the hook for his role in the commonwealth failure in November 1983: State of Nebraska STATE OF NEBRASKA, PLAINTIFF, v. PAUL L. DOUGLAS, ATTORNEY GENERAL OF THE STATE OF NEBRASKA, DEFENDANT 349 N.W.2d 870, 217 Neb. 199 (1984) "
Complaint is made that Douglas never provided access to his tax returns. Yet, during questioning of Douglas, copies of Douglas' federal income tax returns were at hand. (Commonwealth Committee attorneys Miller and Domina) asked, "Could (we) have copies of those returns, please?" and he answered, "I think you indicated that you wanted to see it and I have no problem in showing you this." The questioner replied, "All right. That's fine." Commonwealth Committee counsel Miller testified: "neither I nor David ever had physical possession of those returns. They never left the possession of Paul Douglas. "We cannot conclude from this that Douglas withheld pertinent information on his tax returns in a procedure agreed to by his questioner. Finally, according to Douglas in his statement to the legislative committee, introduced into evidence by the State, he had by that time turned over his "entire income tax returns from '75 through '82" to the committee's special counsel."
Still taking down a grain mill elevator owner is probably easier than an accomplished attorney and attorney general of the state.

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