Kintner cybersex case raises questions of policy, politics, and future possibilities

Last week state Senator Bill Kintner was fined $1,000 for a cybersex encounter on his state computer that occurred more than a year ago. The incident raises questions about the state’s investigation process, the political effects of how long it took, and possible future fallout.

A year ago, Sen. Bill Kintner used his state computer to engage in cybersex with a woman who then tried to extort money from him.

Kintner informed the Nebraska State Patrol. That set off an investigation that was turned over to Attorney General Doug Peterson and then to the Accountability and Disclosure Commission last November.

NADC Executive Director Frank Daley officially announced the result of the commission’s investigation last week, saying it had found a violation of state law prohibiting “use of public resources under a public official’s official care and control in a manner other than in accordance with law.”

The series of investigations began more than a year ago. So why did the matter stay private for so long? By law, Accountability and Disclosure Commission investigations are confidential, and violating that confidentiality is a misdemeanor. Gov. Pete Ricketts, who became aware of the allegations last year, alluded to that in a news conference last week.

“I did not make any public comment because it was not appropriate to do so, given that there’s specific law that says investigations by NADC are not supposed to be publically commented on, and of course we’re all entitled to the legal process that goes along with such investigations,” Ricketts said.

That explanation doesn’t satisfy Nebraska Democratic Party Chairman Vince Powers. Powers said while NADC investigations are confidential, Ricketts could have gone public with the allegations.

Powers said disclosing the allegations could have changed the outcome of one of this year’s hot political debates in the Legislature, whether or not to outlaw employment discrimination based on sexual orientation and gender identity. Powers notes Kintner was a leading opponent of that legislation.

“That failed. Bill Kintner was up there, talking morality and how terrible gays are, and all that stuff. That never would have occurred. I think that bill would have passed,” Powers said.

Sen. Bob Krist of Omaha said that is overstating Kintner’s role.

“He was one voice out of 17 or 18 that blocked the legislation. So how is Bill Kintner personally responsible for anything? My response to Vince Powers is ‘You’re living in a dream world,’” Krist said.

Even though the governor has no power to discipline senators, Krist, as chairman of the Legislature’s internal governing executive board, said he went to the administration when he became aware of the situation. Kintner’s wife, Lauren, is chief of the governor’s policy research office, and Krist said he was trying to save her embarrassment.

“What I was thinking was that any sane, sensible person would resign rather than put his wife through the things that he’s put her through. I was wrong,” Krist said.

Kintner said his wife has forgiven him.

“My wife has shown absolutely incredible grace and forgiveness, more so than any man deserves,” Kintner said.

Asked about some of his legislative colleagues who might want him to apologize because he embarrassed them, Kintner suggested he was a victim of selective outrage.

“What’s that standard that I’m held to that I crossed to embarrass them? I would say it’s not endangering the lives of citizens by drinking and driving. That’s not the standard, because that’s happened twice to senators that I’ve served with. I would say adultery and affairs are not the standard, because that’s gone on while I’ve been here,” Kintner said. “I would say that fornication between senators and staff is not a standard. That’s gone on while I’ve been here. We know that habitual drunkenness is not the standard. It happens all the time. And we know that inflammatory rhetoric that incites violence – potential violence – against policemen is not the standard.”

When asked about those comments, Krist paused a moment before responding.

“The image that comes to mind is the wizard in the Wizard of Oz -- ‘Pay no attention to the man behind the curtain,'” Krist said.

Kintner later wrote to his colleagues, saying he was sorry to have embarrassed them. As to his reference to a lack of standards, Speaker of the Legislature Galen Hadley says Kintner looked like he was trying to change the subject.

“That’s like saying ‘everybody else does something, so why can’t I do it?’” Hadley said. “Each case is judged on its own, and most of the things he talked about, I have had no indication of them happening.

Hadley acknowledged there have been instances of drunk driving. In the last nine years, two senators were arrested for that.

Despite petitions asking him to resign, Kintner has said he will not. So senators will discuss possibilities including impeachment and expulsion when the executive board meets August 19.

Impeachment takes 25 votes in the 49-member Legislature, leading to a trial in the Nebraska Supreme Court. It would take 5 of 7 judges to convict and remove someone from office. Expulsion is a purely legislative process that takes 33 votes. No senator has ever been impeached or expelled from the Nebraska Legislature.

If Kintner changes his mind and does resign before September 9^th, there would be a new election to fill his seat this November. If Kintner is removed from the Legislature or chooses to resign after Sept. 9, Gov. Ricketts would appoint a replacement who would not be on the ballot until the 2018 election.