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Cox: Kilpatrick May Have Broken Law

Cox Forwarded Legal Analysis To Secretary of State

POSTED: Tuesday, December 15, 2009
UPDATED: 11:29 pm EST December 15, 2009

Attorney General Mike Cox said ex-Detroit Mayor Kwame Kilpatrick violated the law if he paid his lawyers with campaign finance funds.

Cox issued the opinion Tuesday.

The Wayne County clerk sought guidance from Secretary of State Terri Lynn Land and determined this summer that campaign money spent on Kilpatrick's legal fees were proper.

But Cox says his legal analysis has "superseded" that ruling.

He is forwarding his opinion to Land "for whatever action she deems appropriate."

The investigation stems from a 2008 assault case involving Kilpatrick.

Kilpatrick was charged with assault after a confrontation on the front porch of his sister's home. Two employees of the Wayne County Sheriff's Office were serving a subpoena as part of the text message scandal when Kilpatrick allegedly shoved one of them.

“We know all the facts. We convicted the mayor of assaulting police officer Brian White and investigator Kinney. Any of his campaign funds used to pay his lawyers there are strictly not allowed, and the Secretary of State should go after that case,” Cox told Local 4.

He said Kilpatrick’s campaign funds can only be used to pay legal bills from his duties as mayor.

“If it’s something that you do in your personal life, like drunk driving, an assault, that sort of case, then clearly campaign funds can’t be used there,” Cox said.

Kilpatrick faced perjury and other charges in 2008 in relation to testimony he gave during a whistleblowers' trial. He later entered pleas in the two criminal cases and was jailed.

Wayne County Prosecutor Kym Worthy filed a probation violation motion against Kilpatrick last week after a series on his restitution payments wrapped up. Worthy claims Kilpatrick violated his probation during court ordered disclosures and the payment of restitution.

Cox is one of several candidates seeking the Republican gubernatorial nomination in 2010.

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