The Senate committee investigating whether Sens. Langer and Greenfield were intoxicated at the Capitol on the last day of the legislative session is scheduled to begin at 9 a.m. CT. Here's what happened in their last meeting: https://www.argusleader.com/story/news/politics/2020/04/21/witnesses-testify-investigation-into-senators-drinking-veto-day/2995510001/

Here's the video link where you can watch today's meeting. There's also a link to just the audio if you want that at http://sd.net . https://www.sdpb.org/live/6/ 

Sen. Rusch says the committee is considering 3 possible violations or Legislature rules or state law: 1st, no alcohol can be stored or consumed in Capitol areas controlled by Legislature. But it's OK if it was consumed outside of the Capitol.

2nd possible violation: disorderly conduct that disrupts Senate proceedings. That can be punished as contempt.

3rd possible violation: Conduct unbecoming a legislator. South Dakotans expect the "highest moral and ethical standards" and the question is if behavior makes the Legislature unable to maintain the public's trust.

Sens. Langer and Greenfield have apologized for their behavior that night. Langer said they consumed alcohol that night, but it wasn't at the Capitol.

Former AG Jackley, representing Langer and Greenfield, says the committee saw all it needed to see in the videos to make a decision, doesn't believe the committee should hear witness testimony today. There isn't a blood test or other evidence proving they were intoxicated.

Rusch says he takes Langer and Greenfield's apologies as an admission of violating Legislature Rule 1B-1: a legislator's behavior must be held to the highest standard.

First witness to testify is House Speaker Haugaard.

Haugaard said he starting hearing there were concerns with a delay in the Senate, had to ask Lt. Gov. Rhoden where the senators were at 1:14 a.m. He said he saw Langer in a committee room at the Capitol after that who was "not able to communicate an intelligent thought."

Haugaard said when it became apparent Senate leadership was unable to fulfill their duties, he, House Majority Leader Qualm and Rhoden met with Langer and Greenfield to decide how to proceed. But Langer and Greenfield were too out of it to participate.

Jackley has objected multiple times, says Haugaard's testimony isn't relevant to the three possible violations and the committee has already seen video of people's actions in the Capitol that night. Rusch overrules and lets Haugaard proceed.

Haugaard says Langer and Greenfield's behavior caused "a variety of problems" on the final night of session and they were "not able to effectively engage in the process at all."

Haugaard says Langer and Greenfield were drinking with lobbyists that night at lobbyist Dean Krogman's house. Lt. Gov. Rhoden was also there for a while, Haugaard said.

Sen. Sutton says they've gotten an apology from Langer and Greenfield, says the remainder of Haugaard's testimony isn't needed. Rusch agrees, says they're focusing on the violation about a legislator's behavior.

Now that they've cut off Haugaard's testimony, the committee is asking Haugaard questions about that night.

Heinert points out there's audio missing in the SDPB video for a while before 2:10 a.m. that night. The SDPB guy says there was cursing into the microphone so SDPB muted the audio.

Jackley is cross-examining Haugaard. Haugaard says "I was there while they were drunk at the Capitol," but he didn't see any evidence of alcohol containers at the Capitol.

On cross examination, Haugaard said he didn't get Highway Patrol in the Capitol to test Langer's blood alcohol level.

Jackley is trying to argue that Greenfield was asking Haugaard about a bill that was already dead because it could have be revived. Haugaard said Greenfield was asking because he was too drunk to know what was going on.

Jackley is accusing Haugaard of having an agenda with his testimony. "I have great respect for the Legislature and they have brought great disrespect to the Legislature," Haugaard responds.

Jackley is arguing that Langer and Greenfield were able to make motions and working. Haugaard says the motions were already written out, they were intoxicated at the time and Lt. Gov. Rhoden had to take over for them.

Haugaard asks Jackley if there's any time during session when Rhoden would have allowed a senator to be drunk on the Senate floor.

Committee member Sen. Wismer: "The Senate as a whole needs to apologize to the House about what transpired" that day. Says Jackley is trivializing what happened that night.

Jackley is apologizing to Haugaard for any questions in cross examining that weren't fair, says he didn't mean for his questions to be disrespectful.

The committee is focusing on whether Langer and Greenfield violated the Legislature's Joint Rule 1B-1 regarding the Legislature's code of conduct. It can be found on page 104 of the Legislature's Red Book: https://sdlegislature.gov/docs/legsession/2020/2020Redbook.pdf

Up next to testify is House Majority Leader Qualm. All witnesses are testifying under oath.

Qualm says he couldn't find Langer and Greenfield, called Greenfield and couldn't a hold of him. After they came back to the Capitol, he was in the meeting about Langer and Greenfield being unable to fulfill their duties.

Qualm: "There was no doubt in my mind that both of them were drunk." He said Langer asked five times "What bills are we talking about?" and neither couldn't comprehend what needed to be done. Work wouldn't have been able to be done if it wasn't for Lt. Gov. Rhoden stepping in.

Jackley is questioning Qualm. A lot of Jackley's questions so far today are trying to set up an argument where the allegations about Langer and Greenfield were motivated by disagreements between the House and Senate over bills that day.

Jackley is arguing in his cross examination of Qualm that the Legislature had a 23-hour day on the final day (which was done remotely) and senators weren't behaving normally anyway, ie cursing and wearing pajamas.

Next up in the witnesses is House Minority Leader Smith.

A note on the possible violation of disorderly conduct: The disorderly conduct had to be done within view of the Senate. Witnesses so far, who are all House members, said they didn't see disorderly conduct in the Senate.

Rep. Smith is keeping his testimony short, says he agrees with Qualm and Haugaard's testimony about Langer and Greenfield's behavior in the Capitol that night.

Jackley's questions on cross examination also focus on video being the best evidence because witness testimony can add in personal perceptions.

House Minority Leader Smith: "They appeared to be under the influence of alcohol." Jackley accused Smith of colluding with committee member Senate Minority Leader Heinert to have an agenda in this investigation.

Heinert says if Jackley has something to say to him, he needs to ask it. Jackley asks if Heinert was in the meeting with Qualm, Haugaard and Rhoden about what to do about Langer and Greenfield being incapable of fulfilling their duties. Heinert said he wasn't.

The committee is in a 15 minute break. The next witness to testify will be Sen. Jensen, who called for a disciplinary hearing about Langer's behavior at 3 a.m. on the final night of session.

Jensen can make a statement about his motion for the disciplinary hearing that night without cross-examination, but he'll also be a witness testifying so he'll be cross examined.

Jensen was not at the Capitol that night, he was one of the senators who was attending remotely due to the pandemic. Jensen corrected Rusch that he only wants to make a statement about the motion, not testify. Rusch has dismissed Jensen.

Sen. Jensen interjects that Greenfield lied to the Senate at 3:18 a.m. that night when he said he and Langer hadn't indulged in alcohol. Rusch cuts him off, says he's not a member of the committee.

Jackley says he wants it to be clear that when SDPB muted the audio on the video due to cursing into a microphone that night, it was a different senator, not Langer or Greenfield cursing. SDPB said there's no recording of it to confirm that because it was muted.