The order by Judge David J. Dreyer says Daniels shall have to face questions from IBM’s attorneys within 60 days. It is limited to three hours at one sitting, “excluding reasonable breaks at the governor’s choice.”
Daniels canceled the $1 billion contract with IBM in October 2009 after numerous problems erupted with the privatization of welfare delivery services. Both the state and IBM then filed lawsuits against each other.Can you imagine the distraction these issues would have become had Gov. Daniels followed the advice of many of his supporters and ran for president? I wouldn't be surprised if Barnes & Thornburg, the law firm being paid big bucks to represent the state in this lawsuit, doesn't appeal Judge Dreyer's order. Questions have been raised about the firm's role in the case given its obvious conflict of interest due to the fact that it represented IBM's partner, ACS, in the failed welfare privatization effort. Gov. Daniels insisted that the law firm handle the case despite concerns about the representation raised by the Attorney General's Office.
Attorney General Greg Zoeller said Friday a deposition of a sitting governor would set precedent that would have repercussions for all future governors, and he's obligated to challenge it in "the appropriate court."
It wasn't immediately clear what court that might be.
Peter Rusthoven, one of the private attorneys representing the state in the suit, says he believes no Indiana governor has ever been compelled to testify in court.
The Marion Superior Court order issued Friday said a law state attorneys say protects Daniels from testifying is "ambiguous."