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On Second Thought

‘Road to hell is pavedwith good intentions’ …motto also true in courtI sat in on Rep. Doug Magnus’ court hearing Monday when he asked Judge Timothy Connell to dismiss charges filed against him during last fall’s elections.Magnus was charged with violating Minnesota’s Unfair Campaign Practices statutes when he failed to include a disclaimer on his final mailing (see related story).I admired Magnus’ initial reaction to the complaint. He admitted he’d made an error on the post cards and said he’d pay appropriate penalties.I remember thinking— and even commenting — that it takes a person of strong character to respond that way, especially since the allegations appeared to be a dirty ploy by his opponents.Unfortunately, Magnus changed his mind and decided instead to fight the charges when he learned the complaints against him were politically motivated.His attorney argued the charges against his client should be dismissed because the "intent and spirit of the law" hadn’t been violated (he didn’t mean to do it, Your Honor).He also argued the case should be dismissed because the charges were politically motivated (brought by political opponents in an election).As I sat through Monday’s hearing, I wondered how the same arguments would hold up for the rest of us who accidentally break the law and are called to task by our opponents.Consider the following fictitious scenario:What if I got pulled over for speeding 59 mph in a 55 mph zone by a disgruntled deputy after our news story on the Department’s uncomplimentary internal review.I could argue that I didn’t mean to break the law, and at that speed, I certainly wasn’t violating the "spirit and intent of the law."I could also make the convincing argument that the ticket was politically motivated as retaliation for the recent story on the deputy and his co-workers.Even though the law was clearly violated, would it be right to expect the court to dismiss my ticket based on these arguments?No.And it isn’t right in this case either.Magnus made an honest mistake, and an honest response would be refreshing.The fact that his opponents pointed out the error doesn’t change the fact that the error occurred.Despite our best intentions, politicians, journalists, attorneys, accountants and plenty of people in numerous other professions inadvertently make enemies in the line of duty.If we’re smart, it makes us work harder to keep our noses clean, and if we’re smart, we’ll know our enemies will hold us accountable when we do screw up.Intentions have nothing to do with it.To wiggle out of an obvious violation on that argument is, as Don Klosterbuer said in court, "embarrassing on the part of the defense."Pay your penalty Mr. Magnus, and please move on to more productive political activity.

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