Kindred spirits: Phil Hart, Rosa Parks, Mandela

Look at a well kept hedge around a yard. Neat and trim. When the owner notices one or two branches sticking up above the rest what does he do? He cuts them off. All must conform.

Rosa Parks was arrested in 1955 because she refused to give up her bus seat to a white passenger. She was convicted of disorderly conduct and a violation of a local ordinance. A criminal.

Nelson Mandela campaigned against apartheid. He was tried, convicted, and given a life sentence for his beliefs in democracy, freedom and equality. A criminal.

Phil Hart researched federal tax law. He wrote a book on taxes. His book's facts and opinions have never been refuted. The IRS demanded that he reveal the names of each person that bought his book. He refused. Thus the IRS denied all of his business expenses as deductions from his income and claimed he owed a bucket of money. Idaho's Tax Commission refused to review Hart's reasonable business expenses because of the IRS. He has appealed. Phil has paid over $120,000 in taxes since 2005

John Rusche, D-Lewiston, Minority Leader of the House, filed two ethics complaints against Hart. The sole basis of the complaint was "recent news accounts." No evidence, none, was ever offered at hearing to support the charges. Rusche did not even appear or attend by telephone!

The Idaho House of Representatives convened an Ethics Committee to address the two ethical complaints alleged.

1. Did Phil Hart violate House ethical rules by voting on a matter that pertained to him personally as opposed to every other Idaho citizen?; and

2. Did Phil Hart violate House ethical rules by asserting Article III, Section 7 of the Idaho Constitution?

Ethics Committee Rule 76 specifically provides:

"2) The Committee shall make a preliminary investigation of the complaint. If, after Investigation, the committee determines no violation has occurred, the complaint shall be dismissed."

The Ethics Committee, by two separate votes, determined:

1. Phil Hart did not violate House ethical rules by voting on a matter that pertained to him personally as opposed to every other Idaho citizen.

2. Phil Hart did not violate House ethical rules by asserting Article III Section 7 of the Idaho Constitution.

The Ethics Committee's own Rule 76 requires that if no violation of ethical rules occurred, its authority is limited to dismissing the complaints.

Phil Hart was found not guilty of any ethical violation. Both complaints were dismissed. Then Committee, in a purely political act, recommended that he be punished anyway. This had no basis under any law!

This was pure political circus. It was a malicious vendetta against Phil Hart by his political opponents. They don't like the fact that Phil Hart stands up for what he believes is right for all Idaho's citizens. They tried to trim Hart from the hedge. Their clippers broke. As a voter do not let politicians and media enemies of Phil Hart deny you of your greatest advocate.

Starr Kelso is a Coeur d'Alene attorney who represents Phil Hart.