Easley struggles to explain Nifong appointment
My column today:
Nearly two years ago, Gov. Mike Easley's office issued a press release that few people outside Durham County would have found at all interesting.
That was then. Now, it's a reminder of a decision that Easley -- and a lot of other people -- profoundly regret.
"Gov. Mike Easley today appointed Michael B. Nifong as Interim District Attorney for the 14th Prosecutorial District (Durham County)," the April 18, 2005, announcement said. ...
Nifong has become infamous as the prosecutor in the hopelessly mishandled Duke lacrosse rape case. Take a survey anywhere in America and chances are most people know about Nifong and the allegations that he made prejudicial statements about the defendants, withheld evidence and ordered a rigged photo lineup.
Any governor would be embarrassed, and lately Easley has tried to explain how it happened that he gave Nifong the job. His efforts have just raised more questions.
"He was appointed acting DA by me," the governor said in a PBS interview with Charlie Rose last week. "The district attorney, a very good district attorney, I appointed judge, and I wanted someone who wasn't going to run, that was a long-term prosecutor, just to hold the office together until somebody was elected."
Easley expressed annoyance that Nifong did run for election last year, breaking an agreement that he wouldn't.
Which is odd, because normally governors fill vacancies with people they hope will run for and keep the seat. But there was his 2005 press release noting Nifong's "interim" appointment.
In contrast, later that year he named Doug Henderson as "district attorney" in Guilford County -- not interim. Henderson also ran for and was elected to a full term in 2006.
Strictly speaking, however, there is no such office as "interim district attorney." The N.C. Constitution says that when the office is vacant, the governor appoints a new DA. Period. Constitutionally, Nifong's appointment was no different than Henderson's. (See Article IV, Sec. 19.)
All appointments are "interim" in the sense that they're good only until the next election. But in Nifong's case, that was more than 18 months away -- long enough that Easley should have been more serious about it.
The governor made it clear he wanted a "placeholder" so that potential DA candidates would enter the 2006 campaign "from a level playing field," spokesman Seth Effron said Tuesday. But why wasn't Nifong supposed to be one of those candidates? Here's what Easley told Rose:
"There's a totally different standard you set for somebody who is going to be the elected district attorney and get into politics, and then there's somebody who you want just to run the office. Because when you get out there and start making political comments, it requires a whole lot of different talent, a whole lot of different skills that obviously he (Nifong) didn't have."
That just doesn't add up. Nifong didn't botch the Duke case for lack of political skills. He made legal mistakes. His political skills were fine. After all, he was elected. So if EasÂley thought he was getting a good DA but a poor politician, he crossed his wires. Nifong turned out to be a better politician than prosecutor.
Worse, though, is this notion of a "totally different standard." There ought to be one standard for appointing people to important judicial offices. The DA in a large, urban county like Durham is responsible for handling tens of thousands of cases a year ranging from traffic violations to first-degree murder. A strong set of skills is required to do a tough job like that well. Political talent is helpful in winning elections but should not be valued more highly than professional competence. Let's hope Easley isn't suggesting otherwise or making other appointments strictly for political reasons.
Maybe the governor did want to stay out of Durham politics with a supposedly safe appointment. Nifong seemed to fit the bill. Easley never could have guessed how badly mistaken he was.
Now he knows. Even in the "interim," putting the wrong man in a big job can have serious consequences.
Doug Clark can be contacted at dgclark@news-record.com and 373-7039.
Comments (7)
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Doug:
What is it about politicians that makes it so hard to take responsibility when something goes wrong? All that Governor Easley would have to say is, "the guy looked good at the time, but it turns out I appointed a turkey and can't really do much about it now except to try to do better in the future." He compounds a bad, if understandable, decision by lying about his motivations. This not only erodes trust but also leads to the conclusion that Gov. Easley "just doesn't get it." Learning from a mistake requires recognizing that one occurred in the first place. Thus, it's hard to share the optimism from your final sentence that Gov Easley "now knows" the consequences of these types of appointments.
Posted on March 7, 2007 9:07 AM
Now he knows. Even in the "interim," putting the wrong man in a big job can have serious consequences.* Doug
Doug! You have nail Easley to the wall. The Gov has more excuses than a Blue Brothers movie. What the Gov failed to note. The day that Nifong took office, He fired his number one competitor for the office Fredia Black like Henderson did here with Julia.
Duh! Does the Gov think we are that stupid with a red flag like the firing of Black that Nifong was not running for DA. Nifong was going to do anything evil to make sure that he got elected. The Duke case was the ice on the cake for him to promote his campaign when the so-called crime occured.
If I remember! I think I did a little humor story about Henderson and Julia flack during that time. I should have done the Nifong and Black story first. At least the Greensboro DA race didn't ruin the image of North Carolina to the world.
Posted on March 7, 2007 10:05 AM
I agree with Dave Ribar. There's nothing in Easley's statements to indicate he's learned anything from this incident. Instead, he's more interested in making excuses and distancing himself from the situation.
To be fair, elected officials from both parties seem to have this problem. But I also would like to see a politician have the integrity to say, "I messed up, but I'll try to do better next time."
Posted on March 7, 2007 11:24 AM
I'll admit I thought Easley was making up the story about appointing Nifong as "interim" DA (see my earlier posts), so I was surprised to see the original appointment announcement using that language. Of course, as I pointed out, there's no such office as "interim DA." And Connie is right -- Nifong's immediate dismissal of Freda Black showed he was intent on running from day one. Easley was powerless to do anything about it. He couldn't rescind the appointment.
Posted on March 7, 2007 11:44 AM
I'll admit I thought Easley was making up the story about appointing Nifong as "interim" DA (see my earlier posts), *Doug
Doug! Is it possible to find the Gov press release about Henderson being appointed by Easley with the term " interim" DA being use too?
I know Seth and he is a good guy. He is just doing his job. If the Gov said interim on Henderson, than there is no vast Nifong conspiracy on our part.
Posted on March 7, 2007 12:49 PM
No, the Henderson announcement did not use the term interim. I haven't seen any other one that does, and Seth said he can't remember one -- although he's only worked in the gov's office for a year.
Posted on March 7, 2007 12:56 PM
No, the Henderson announcement did not use the term interim.* Doug
That is what I thought. Easley is off the hook about Nifong fibbing to him, which simply confirms that Nifong is a confirmed socipath liar after all.
Posted on March 7, 2007 10:27 PM