Ethics panel should hold governor to his promise

The S.C. Supreme Court was clear in its ruling that Gov. Mark Sanford had waived his right to confidentiality in the investigation into his travel as governor.

But the state Ethics Commission could decide whether we get to see the preliminary report at the heart of the court's ruling.

At its meeting Wednesday, the commission is expected to take up Sanford's pending request to keep the report secret. The commission should tell him no.

The public has a compelling interest in this investigation, and not just in its results, but also in how it is conducted. The best way to keep any suspicions at bay is for the commission to be open about the process, especially in light of Sanford's waiver.

Nothing is gained by keeping the preliminary report secret except to buy the governor time in his efforts to fend off an impeachment effort by the state House of Representatives. Sanford, as the court rightly noted, has had input into the preliminary report, answering questions and providing information to the investigators.

Unfortunately, while the court was unambiguous in its conclusions about Sanford's waiver, what happens next is not so clear.

The court denied House Speaker Bobby Harrell's request that the commission be ordered to release the report to the House. The House, the court ruled, had other ways to get the information it sought, but had not yet pursued them.

As for Sanford, the court ruled, he didn't need an order from them because of his pending request to keep the report secret.

The House last week asked the court to clarify its ruling as to when and how the preliminary report becomes public. Greg Foster, Harrell's spokesman, said the House wants the report as soon as it is completed. House leaders have said they want to see it before deciding whether to impeach Sanford.

A public document, Foster said, should be released when completed.

But Herbert Hayden, the commission's executive director, has said that if the commission accedes to Sanford's request, he would give a copy of the report to Attorney General Henry McMaster, who asked for the investigation in the first place.

If the commission rules against Sanford, Hayden said, the report is a public document, based on the court's decision.

Sanford could appeal a decision by the commission to release the report, but it wouldn't win him any favors with an already distrustful public.

In his zeal to score points with the public for his "transparency," he opened the door wide for the public to see all the documentation handed to him and not just at the end of the process.

We hope the Ethics Commission does nothing to prevent that. The commission and the public are best served by holding the governor to his promise.