Latest Case: South Carolina v. Harrison (Constitutional Law)

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UF Levin College of Law professor and economist Neil H. Buchanan points out that although Trump’s coup failed, Republicans now have in front of them all of the building blocks necessary to impose one-party rule in the United States within the next four years. In this first of a series of columns, Professor Buchanan describes but a few of the available options Republicans have to rig elections in their favor.

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South Carolina v. Harrison

Docket: 28005

Opinion Date: January 20, 2021

Judge: John W. Kittredge

Areas of Law: Constitutional Law, Criminal Law

Appellant James Harrison, a former state legislator, was convicted and sentenced to eighteen months' imprisonment in a public corruption probe. The case was prosecuted by David Pascoe, Solicitor of the First Judicial Circuit, who was serving as the acting Attorney General. As recognized in prior case law, Solicitor Pascoe's authority to pursue the corruption probe was bestowed on him by South Carolina's then-current Attorney General, Alan Wilson. Appellant contended Solicitor Pascoe's authority did not grant the solicitor the power to investigate or prosecute Appellant. Conversely, Solicitor Pascoe dismissed any suggestion that his authority was limited, contending he had the authority to prosecute public corruption wherever the investigation led. The South Carolina Supreme Court determined Solicitor Pascoe had the authority to prosecute Appellant for perjury, but did not have the authority to prosecute Appellant for misconduct in office. Consequently, the Court affirmed Appellant's conviction and eighteen-month sentence for perjury, but reversed the statutory and common law misconduct in office charges, and remanded to the presiding judge of the State Grand Jury for further proceedings.