House GOP lawmakers file bill of impeachment against Thurbert Baker
A House Republican on Tuesday filed a resolution to bring articles of impeachment against Attorney General Thurbert Baker, for his refusal to file a legal challenge to the new federal health care law – as directed by Gov. Sonny Perdue.
State Rep. Mark Hatfield, sponsor of HR 1886, says Baker is bound by the state constitution to file legal at the request of the governor. Says the measure:
Attorney General Thurbert Baker. Ben Gray/AJC
“By failing and refusing to perform his constitutional and statuatry duties, Attorney General Baker has abdicated his authority and has committed an act against the state of Georgia….
Attorney General Baker’s shameful abdication of his lawful duties shows him unfit to serve the state of Georgia in the position of attorney general.”
Hatfield said 30 other House members have also signed onto the bill of impeachment, all Republican. Baker is a Democratic candidate for governor.
With only nine days left in the legislative session, and a tremendous budget gap yet to be resolved, the Waycross lawmaker said whether the bill would move would depend on the wishes of the Republican leaders of the House and Senate.
Baker, in a telephone interview, said: “It’s very disappointing to see some members of the Legislature respond in a way that’s not beneficial to the state. This is not productive – it’s not going to solve any of the crushing problems we face – water, transportation and education.”
The 13-year attorney general said he was confident of his legal footing and said past court decisions have declared that the attorney general, who is elected statewide independently of the governor, has the authority to make legal decisions for the state.
“I’m willing to debate this impeachment matter should the situation require,” Baker said.
A spokesman in the attorney general’s office couldn’t say when the last statewide-elected official was impeached — if ever.
State Rep. Mark Hatfield (R-Waycross). Ben Gray/AJC
A majority of the 180 members of the House would have to approve what basically is an indictment – which, in political terms, is possible. A trial would be conducted in the Senate. Conviction would require a two-thirds vote in that chamber – unlikely, given that Democratic cooperation would be required.
But there’s another good reason Republicans might hesitate. The state Constitution declares that “in cases of impeachment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this state or to receive a pension therefrom.”
So conviction could remove Baker, the only viable African-American in the race for governor, from that contest. And an attempt to impeach him could be portrayed as such.
Hatfield said he’s not concerned with the politics of the situation.
“It’s our position that the constitution is very clear, in [the] obligations that it places upon the attorney general to file suit on the request of the governor. He’s basically abrogated his constitutional responsibilities,” Hatfield said. “We feel very strongly that the attorney general has dropped the ball and failed to follow through on the mandates that are placed upon his office.”
The governor said today, as he has said earlier, that a decision to impeach should be left solely to the Legislature – he would not comment on it. Perdue said last week he would file – on his own authority – a lawsuit challenging the health care law passed earlier this month by Congress.
House Speaker David Ralston, significantly, is the second signer of HR 1824, a resolution that would direct the attorney general to file the lawsuit – but the resolution would lack the force of law. State Rep. Austin Scott of Tifton, the lead sponsor, is a Republican candidate for governor.
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287 comments Add your comment
Reggie
March 30th, 2010
4:43 pm
Bassackwards!!!
Can we focus on real problems?? Aren’t there real problems in Waycross he could focus on and be a better of taxpayer money???
BW
March 30th, 2010
4:43 pm
Someone keeps voting for them.
Tony
March 30th, 2010
4:45 pm
OK Georgia, are you over the GOP yet???
spectator
March 30th, 2010
4:46 pm
So I guess we have heard from a bunch of “newcomer” Georgians who are always quick to characterize the majority party in Georgia as “ignorant rednecks”. On the other hand they can celebrate our dunce of a Attorney General, who is nothing more than a yellow dog democrat and supporter of obamacare. Of course he is not going to join the lawsuit that many other states are filing. That wouldn’t play well in his run (futile at best) for the democrat nomination for Governor since he will be highly dependent on the votes of his fellow african americans to make any sort of showing in the dem contest.
lANDRO
March 30th, 2010
4:47 pm
Of course Waycross has a lot problems, the biggest is they elected Mark Hatefield.
pat
March 30th, 2010
4:48 pm
I think our legislatures have all gone crazy! Nothing is going to get accomplished with all this childish behavior. It is all a game of politics which creates ill feelings, accomplishes nothing, but continues. so the child will remain in the spolight or can say ” I tried to do something about …….” ; knowing that he/she did not haved a ghost of a chance succeding.
middler and so tired of all the rhetoric :
March 30th, 2010
4:48 pm
With only a few days left in this session surely our representatives have work to do on fixing real problems affecting their real constituents. The Republicans need to stop focusing on being Republicans and obstructionists and do something, something positive, that will benefit the rest of us. The Do Nothing but help other politicians and special interests needs to come to a stop. Now! Today! I don’t care who you are, in the next election if you are an incumbent my vote is for your opponent. This state could be so much but we have even more selfish, partisan, and me-me-me legislators here than in DC. All we hear is Obama this, Democrats that! For once in a long while the GOP doesn’t get to be in charge of everything and ignore the general populace. I used to be a Republican and couldn’t stand it anymore. If you want to investigate and impeach somebody, try taking care of those incumbent or candidate reps who have been accused of ethics violations. Oh, I forget, they’re your buds. And Tim, it has nothing to do with what’s in the Bill. Remember the Civil War? Federal law, federal courts, and the national Congress trump the states. If the General Assembly has enough money to participate in a frivolous law suit it should let loose the money to help the schools, transportation, unemployed and uninsured, and tax payers instead.
ArtVandelay
March 30th, 2010
4:50 pm
“Hatfield said he’s not concerned with the politics of the situation.”
hahahahahahahahahahahaha…no wait….hahahahahhahahahahahahah…can’t breath…can’t…breath…ahahhahahahahahahahahahahahaha
Georgian
March 30th, 2010
4:51 pm
what about solving some economic development, water or transportation issues. Oh yeah, there’s also the massive cuts to our educational system. What a bunch of incompetent and childish fools.
ConcernedVoter
March 30th, 2010
4:51 pm
And what are the Rs doing about transportation and education? What a joke our elected officials are.
RGB
March 30th, 2010
4:51 pm
I agree with all you smart posters: Georgia citizens should go quietly into the night and embrace everything about the health care bill. A 40% tax on a health care policy provided by employers is a small price to pay to ensure this president succeeds. I’m not concerned that the bill doesn’t index health policies–so that a $12,000 (value) policy will cost an additional $4,800 in taxes annually.
Look, it’s only $4,800 a year–stop complaining and stop being so selfish. In addition, $4,800 is a lot less than cap and trade’s tax of $3,000 on average, so quit complaining.
3 million retirees losing private Rx drug coverage is a small price to pay for showing our Democrat officials that we love them and support them. As VP Biden said, you gotta take one for the team….be patriotic.
The billions in charges to earnings that companies announced during the last week is a small price to pay for the U.S. to “get into step with the rest of the industrialized world” by having a government-provided health care system. Sure, investors in these companies will get a lower return–and the companies will have to cut back on hiring–but a country has to have its priorities.
See, if you oppose these things, you are racist. Racist. Racist. You don’t want to be a racist, do you? If you oppose the health care policy, you oppose Barack Obama and Thurbert Baker. By definition, you are a racist if you oppose these fine gentlemen.
I, for one, gladly support these measures and want to thank our fine public officials for helping us understand what is best for us. Without your help, I would not know what is best for me and my family.
Republican turned Democrat
March 30th, 2010
4:52 pm
Funny, Baker won’t be a “yessa Mr. Boss man” to Sonny, now the GOP wants to impeach him. The man is absolutely right not to file a wasteful lawsuit…to what end, further embarassment of the state?
Hurricane
March 30th, 2010
4:52 pm
Metro Atlanta needs to look at secession from the rest of GA.!!
Deborah
March 30th, 2010
4:57 pm
What a joke! This is a sad time in a state at the BOTTOM of everything from education of children, care of the elderly and to think precious time is being wasted on this matter! Get a grip and act like grownups!!
Big Dog
March 30th, 2010
4:57 pm
Sonny Purdue has really proven to me that his is an idiot and a racist, nobody else would file a suit on a bill that would help people, what he should have been doing trying to keep the bus service in Clayton County. i always said that Sonny Purdue was a part of the good ole boy club when he started the crap about the flag. well he will be out of office when his term is over.
David
March 30th, 2010
4:58 pm
Not ashamed to live here, just ashamed of the ignorance of people like you, Poohbear. Why don’t you rednecks just move to Texas and secede, so the rest of the country can remain in the 21st century while you go back to the good ol’ days.
Die Hard Dem
March 30th, 2010
4:58 pm
THIS IS WHY NOTHING CAN GET DONE IN GEORGIA. These F*ing REPUKES are more concerned about getting revenge on Obama and the ENTIRE Democrat party than worrying about the REAL problems that face Georgia and it’s citizens. Hey Sonny, how’s that WATER DEAL going on to make sure your “constitients” don’t THIRST TO DEATH????? How’s all of that BUDGETING going so your “constitients” don’t have to face MORE TAXES and fear of LOSING EVEN MORE HOMES TO FORECLOSURE or that their KIDS WILL STILL HAVE A SCHOOL TO GO TO????? Where’s all that TRANSPORTATION PLANNING going on so we can actually get funds to move ourselves OUT OF GRIDLOCK???? Oh wait, you’re too busy CRYING ABOUT THE D* HEALTH CARE BILL that, by FEDERAL LAW, you HAVE TO OBEY. This ISN’T the Civil War. You CAN’T just pout and say “I don’t like that”. Catch up to the times and ACCEPT WHAT YOU HAVE TO ACCEPT.
I am so DISGUSTED, OUTRAGED AND FURIOUS with this latest REPUKE attempt to undermine the Federal government and WASTE precious MONEY and TIME that our state DOESN’T have a lot of. You REPUKES can’t wait till election day. Well, I can’t either because this is one vote YOU WON’T GET.
WE have lost our way
March 30th, 2010
4:59 pm
Impeach all of the legislatures. This is a BIG JOKE!!!! Sad but the joke is on us.Ya’ll are doing great things under the gold dome. HA-HA-HA-HA-HA
sylvia
March 30th, 2010
5:01 pm
file a law suit against the clayton county commissioners for leaving bus passengers stranded. Stupid Stupid Stupid, help someone that is about to lose their homes. Help a child that want to go to college that can not afford it. help a family that don’t know where their next meal is coming from.
PoppaDog44
March 30th, 2010
5:01 pm
If its within the constitution and Baker violated it I agree. The is partism politics and a divided house will always fall. Baker being a Democrat is loyal to the party of Obama and not the people of Georgia.
The healthcare bill is bad, we already see with some of the provisions and with companies restating their earnings.
The country is about to have a financial disaster like European countries such as Greece and Obama wants to implement a new federal program that will only work like social security and medicare, all are broke and we don’t have the money to pay these entitlements.
We are a country of crybabies, I want my free XXX from somebody else and now its time to pay the piper.
Bush drove us to the cliff, Obama is driving us off the cliff.
Jeff Davis Countian
March 30th, 2010
5:01 pm
David? David Keresh, is that you summoning us back to Waco?
Tech Man
March 30th, 2010
5:02 pm
Why all the crying? The legislature is the proper place for this discussion. Let all points of view be debated. It is a political question that is raised in the correct forum.
Richard
March 30th, 2010
5:02 pm
Excuse,me but there are other concerns in Georgia than problems in Atlanta. Like,I care about Atlanta traffic or MARTA.Let, Atlanta leave the State and you stupid hippies Liberals go with it.
TW
March 30th, 2010
5:02 pm
GA should change its state flag to a brown bag with eye holes.
Former Jeff Davis County Resident
March 30th, 2010
5:03 pm
To Mr. Atlanta Resident, Jeff Davis County is Hazlehurst, Georgia. Waycross, Georgia is Ware County which is about 60 miles south of Hazlehurst. There are 159 counties in the state of Georgia and it appears you don’t have a clue what is outside of Metro Atlanta or off of I-75 going to Florida. Get your facts straight and realize all of the people of Georgia besides just the metro Atlanta area have a right, opinion and vote on how things go in the state.
RGB
March 30th, 2010
5:04 pm
And another thing, you wouldn’t expect the general council of a publicly-held company to be responsive to things the CEO wanted, would you?
That would take away the independence of the general council.
Same for Thurbert Baker. Or do you want to treat him as a second-class citizen.
I thought so. Racist.
John K
March 30th, 2010
5:06 pm
Maybe the GOP should do what they really want to do, hold their breath, fall on the floor kicking and screaming. It would have the same effect and not cost the Georgia taxpayers a dime.
Jeff Davis Countian
March 30th, 2010
5:08 pm
RGB, I believe you meant general “counsel” not council.
Republican White Male
March 30th, 2010
5:09 pm
I want my way on everything and if I don’t get my way I will DESTROY EVERYTHING IN MY PATH. The rule of law, the Constitution, ethics, courtesy … I don’t give a damn. I deny the legitimacy of any person or institution that disagrees or stands in my way. I don’t care about consistency or principles. I just want what I want and I want it immediately.
Robert H.
March 30th, 2010
5:10 pm
Would someone who works in the state capital PLEASE forward these posts to the GOP! I can’t believe they are’nt hearing any of this.
Lynn
March 30th, 2010
5:10 pm
Who decides what is best of Georgia, and who decides what is best for Georgians? This state is so backward. Did anyone see if any health care reform bills passed this year? Maybe in anticipation of filing an appeal to the federal health care bill? Shouldn’t the governing legislators in Georgia should have done something to provide access to health care for those “deemed” uninsurable, to make sure no one died needlessly? You have to be proactive to be truly pro-life.
Tech Man
March 30th, 2010
5:10 pm
RGB – Why would the general council of a publicly held company on be responsive to the CEO as well as the company as a whole? Doesn’t a company employ a general council to represent them?
Tech Man
March 30th, 2010
5:12 pm
oops, I made the same silly spelling mistake copying RGP.
As my old basketball coach used to say about ideas, “if you ain’t copying, you ain’t coaching” and so my copying bit me in the behind. lol
Marcel - Atlanta
March 30th, 2010
5:13 pm
Regardless of the issue, the Attorney General is expected to render his legal opinion regarding litigation issues that concern the state. Just because you don’t like the opinion he provided is not a reason to impeach him. Regarding the issue of suing the federal government over state responsibilities associated with the health care bill, the AG believes that its an un-winnable case. He provided his guidance and that should be that. There are other avenues that Gov Perdue has at his disposal, and if he chooses to ignore the AG’s advice, he should pursue them. But at the end of the day, AG Baker did his job.
Republican White Male
March 30th, 2010
5:14 pm
I haven’t seen your responses to my post but I don’t need to. I already have my answer. Pick one.
–typical lib
–the lib media has brainwashed you
–libs are worse
–I know you are but what am I
–its all Obozo’s fault
–you’re a socialist queer commit pinko hippy
Sam
March 30th, 2010
5:14 pm
Of course this is nothing but political grandstanding. States aren’t worried about winning, they are just worried about telling the Federal Government, “If you wont listen to the American people, we will.” As for the AG, if he isn’t doing his job, why not get rid of him. When is the last time you didnt get fired for not doing your job?
Mrs. White&Black
March 30th, 2010
5:15 pm
@Tim-please read the article so that you will understand that what Baker is referring to is the fact that Ga. has other more important issues to deal with than to waste money on impeaching him just b/c he didn’t bend to their will, so your post makes no sense.
@Urlost-your name speaks for itself.
@Daniel-even your fellow Rep.’s on this post are smart enough to realize we have Real and Important issues to deal with here in Ga. instead of another frivolous lawsuit. Obviously, you are petty and would rather fight/argue… just like our local politicians YOU AREN’T CREDIBLE.
Tech Man
March 30th, 2010
5:15 pm
Lynn 5:10 pm
§ House Bill 1268 was passed out of the House on cross-over day and was referred by the Senate. This is the ARRA “fix” bill for continuation for terminated employees that are not eligible for COBRA.
§ Senate Bill 310 did not cross over.
§ House Bill 1184 was passed out of the House on cross-over day after much debate by the proponents of mandates, 108-55. Many heartfelt stories were told in the well about people who suffered and died because they were unable to access mandated benefits. The proponents of this bill successfully argued that this bill would bring competition to the state that would allow people access to affordable health insurance. This is the cross-state lines selling bill. Extra wording was added that would provide that domiciled carriers may offer policies similar to the policies offered by out-of-state carriers – and that Georgia residents arbitrate in Georgia. Senator Judson Hill’s cross state lines bill, Senate Bill 407 also passed the Senate, 29-16, and will now be in the hands of the House. It will be interesting to see which bill is finally the law.
§ House Bill 1291 did not make it through the House on cross-over day. This bill provides for claims to be filed with private insurance companies for any inmate in state prison that has private insurance.
§ Senate Bill 50 also made it on cross-over day. This bill is about registering rental networks, providing they disclose payers in the network. This bill is very complicated and has caused quite a stir in the committee meeting.
John N
March 30th, 2010
5:16 pm
@ RBG, The state of Georgia is not a publicly held company. It is not listed on any stock exchange. It isn’t expected to make a profit.
Thank YOU
March 30th, 2010
5:19 pm
JESUS
coolman
March 30th, 2010
5:21 pm
GOP PLEASE STOP YOUE WHINING.EVERYTHING WILL NOT BE YOUR WAY,YOU MIGHT NEED TO MOVE TO A NEW COUNTRY THAT SAY LIVE MY WAY, DO WHAT I SAY AND ONLY GOP BYLAWS APPLY TO LIVE HERE AWAY FROM OTHER LITTLE PEOLPE
The Man with the Golden Dock (at Lake Jackson)
March 30th, 2010
5:21 pm
If the good people of Georgia despised me, they would have recalled me as their Governor. They dod not, so I, as well as my politics, are and have been accepted.
Splavistic
March 30th, 2010
5:22 pm
GOP = racist party of “hail no, yeehaw!”
Tech Man
March 30th, 2010
5:25 pm
The Man with the Golden Dock (at Lake Jackson) @ 5:21
Lester, is that you?
Democratic Part Member
March 30th, 2010
5:28 pm
I want my way on everything and if I don’t get my way I will DESTROY EVERYTHING IN MY PATH. The rule of law, the Constitution, ethics, courtesy … I don’t give a damn. I deny the legitimacy of any person or institution that disagrees or stands in my way. I don’t care about consistency or principles. I just want what I want and I want it immediately.
mark
March 30th, 2010
5:28 pm
can’t they just go home?
Mike
March 30th, 2010
5:31 pm
I’ve been a Republican since Richard Nixon, and I’ve voted in every election since then. I remember when Georgia was a Democratic State, then a steady stream of Republicans moved into this once great state. Now I’m sometimes ashamed to be a Republican when I read articles about Republican legislators stalling legislation, or promoting bills that waste taxpayers money and legislators time. I’ll vote for Baker for Governor in the next election, because it seems like he’s the only level-headed politician in the State of Georgia.
Hillbilly
March 30th, 2010
5:32 pm
Where are the McCoys when you need them?
Dave R.
March 30th, 2010
5:33 pm
First, this bill of impeachment is silly. Our reps should have better things to worry about.
However, the AG should have read the bill and boned up on his U.S. Constitution before deciding not to join in on the lawsuits filed by the other states. While it is certainly an uphill battle given the makeup of the court and the swing vote of Justice Kennedy, it is a fight worth fighting given the magnitude of having Congress force people to purchase something just for being American. That has nothing to do with REGULATING commerce, which is their right under the Constitution, but engaging in commerce – which is not.
Redneck Rick
March 30th, 2010
5:39 pm
I wonder if that mommy-in-law toucher from Paulding County supported this…