So this is getting interesting;
Minnehaha County Commissioner Jeff Barth filed a petition in U.S. District Court last month to preserve documents associated with the state’s EB-5 program. On Monday, his case was in court.
There is no lawsuit right now, but Barth worried the paperwork tied to the state’s EB-5 program could be destroyed, possibly by former EB-5 administrator Joop Bollen.
Attorneys for those responding to the petition, including former Governor Mike Rounds, say that the petition has no legal standing in federal court. They say that the request for protection is being made to uncover facts, which would be a misuse of the court order Barth is seeking.
They also argue there is an obligation to collect and protect documents in a lawsuit, saying a court order is not necessary.
Judge Karen Schreier agreed to that point. However, she also says that simply as a taxpayer, Barth has no standing in federal court to ask for documents to be protected. However, the petition was not dismissed completely because of a motion made Monday to add an additional petitioner to the case.
Because of that request, there will be another 21 days for the opposing party to respond. Once that response is in, a new hearing date will be set.
Who is this mysterious other petitioner? The Feds?