Gergen:" will the Obama campaign please withdraw its heavy suggestion that Mitt Romney could well have committed a felony?"

(CNN) -- There may be a number of good reasons to vote against Mitt Romney, but based upon what we know so far, his honesty about his tenure at Bain Capital does not seem to be one of them.

Has Romney basically lied about when he actually departed Bain? Has he tried to mislead the public or investors? Here we come to the heart of the recent controversy. I may be wrong but based on what we know so far, I would conclude that we do not have persuasive evidence to show that he has.

Romney has argued for years that after he was called in to rescue the Salt Lake City Olympics in February 1999, he turned his full attentions there and no longer exercised active management at Bain. 

The story is a complicated one because Bain was a complex partnership and because the company filed various SEC papers after February 1999 still listing Romney in various key roles, including CEO and chairman. But if one takes time to look behind the SEC filings, what emerges is much more supportive of Romney's statements.

As long as fairness is the standard, it would be reassuring if some of the harshest critics of Romney and Bain would acknowledge their own biases. And for goodness sake, will the Obama campaign please withdraw its heavy suggestion that Mitt Romney could well have committed a felony? That was an injustice to both Romney and the president.

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