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

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

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

Tech Man

March 30th, 2010
7:03 pm

Brian Tillman “no point to having a legislature if they will all vote for their own party”

Please tell that to Nancy Pelosi and Harry Reid!

Libby

March 30th, 2010
7:04 pm

It about the color of Thurbert Baker’s skin, isn’t it you mean nasty Republicans. Conservatives need to also stop making fun of his bowl haircut! AG Baker’s favorite KoolAid flavor is grape and orange mixed!

Ralph

March 30th, 2010
7:04 pm

here is my idea: Impeach all GOP legislators and Governor Perdue. I mean, can these fools get any more stupid? Hey Hattfield, Impeach yourself for being a dumb a**! Common sense in the GOP has left the planet.

Whatdoiknow

March 30th, 2010
7:08 pm

Atlanta Resident:

From one Atlanta resident to another, Atlanta was a very nice Southern city up until the time we paved the roads leadding north . . .

Libby

March 30th, 2010
7:08 pm

I can’t wait to get my free healthcare! I only make $75K a year and I cannot afford HealthCare. My BMW and my McMansion make me LOOK good, that’s all that matters. I can’t wait for my free healthcare like my illegal and welfare friends have. Hail ObamaGod Hail!

Libby

March 30th, 2010
7:11 pm

Why do the Republicans get to be called Right? Left sounds so low class. ObamaGod is going to introduce a Bill to fix that to! Hail ObamaGod Hail!

The One

March 30th, 2010
7:13 pm

Gahorn, let me just answer you player. I already have a job, and a good paying one at that. I do not want to work for the ajc. I just get tired of the people with their stupid comments.

The Man

March 30th, 2010
7:14 pm

The Republicans are a mad bunch of white men who are afraid because America is changing to a point where they’re in the minority. Women, Afirican-Americans, Asians, and Latinos are increasing in number. When the see someone like Baker stand their ground and not agree with them they become furious.

The One

March 30th, 2010
7:15 pm

But, one thing that i’m learning is that you can’t change stupid. Stupid stays with you forever! Get out of the Matrix and wake up people! I’m outta here! See ya later!

The One

March 30th, 2010
7:17 pm

I agree with what you posted “The Man”….. Here, here!

[...] lawmakers, including state Representative and gubernatorial candidate Austin Scott (R), officially signed their names in support of impeaching Baker: A House Republican on Tuesday filed a resolution to bring articles of impeachment against Attorney [...]

Julie Camp

March 30th, 2010
7:24 pm

I see a lot of comments by people that are uninformed and have no idea what is in the health care bill, nor do they know how it will effect our state. To all of you that oppose what Perdue is doing, you should go, sit down, calm down and read the bill. You also need to go down to the state capitol and listen to what is actually happening. Then perhaps, you can go on with your name calling and foolishness. If you feel the health care bill is fine, then you should move out of the US and let us live in peace around here. The majority of this nation do not want more government take overs. If you’re too lazy to take care of yourself, then just go. We don’t need you.

Kevin

March 30th, 2010
7:26 pm

So much indignation on the board. It’s good to see so many have such profound insight.

I, for one, support removing Mr. Baker. Impeachment proceedings against him are no more or no less political than Mr. Baker’s blind support of so-called reform. Mr. Baker is charged with serving the interests of Georgians. I’m a Georgian (and I pay a lot of taxes to prove it), and he is certainly not supporting me.

Kevin

March 30th, 2010
7:29 pm

Dearest The Man-

If that’s what you believe Republicans to be, knock yourself out.

Any idea how the majority of women vote? How the majority of Hispanics vote? How the majority of Asians vote?

Do your homework, or shut up. You look like a fool.

Fed up in GA

March 30th, 2010
7:32 pm

I guess Gov. Purdue and the “boys” wants to do the “ethical” thing by impeaching Baker.
This just goes to show how corrupt some of these politicians are. Some of them looked the other way when the “ability to accept gifts” from lobbyists and corporation and the obvious conflicts of interest were brought to light. Now they want to go after a good man for having the courage to do what he felt is right. We need more people like Baker who will stand up for something and have the courage to make a tough but correct decision.

This is what is wrong with Government… special interests, gifts and lobbyists are appreciated more than a good, hard working Attorney General.

tdawg in stockbridge

March 30th, 2010
7:38 pm

A bunch of IDIOTS, products of the Georgia Educational system that they keep cutting. Their constituents also must be a bunch of IDIOTS, for supporting these IDIOTS. Do us all a favor and impeach yourself so someone can actually help this state with our more important issues-IDIOT.

Billy

March 30th, 2010
7:41 pm

There goes the GOP again, I guess that’s where all the budget money goes, strip clubs, clothes, stupid trials for impeachment (wonder how much that will cost). Sonny Perdue wanting to dip in the lottery fund. Republicans are masters of hypocrisy, deception, cheating, lying and putting up smokescreens! They worry about illegal aliens when the threat is in our back yard with these miltant christian group wanting to overthrow the government. I wonder who is more dangerous.

Republicans are a JOKE!! I vote democrate just not to vote republican!!!

Truth B. Told

March 30th, 2010
7:44 pm

School system is 49th – in the country.
Can’t afford more teachers
Can’t afford to fix the budget for the only Trauma Center in the State

But REPUBLICANS have found money to throw away – WHERE IS THE MONEY COMING FROM TO IMPEACH ANYBODY?

DOESN’T THAT PUT A STRAIN ON THE SAME LEGAL SYSTEM— THE ONE WHOSE BUDGET JUST GOT CUT — and had to lay off people.

ARE THESE FOLKS LIVING ON THE SAME PLANET AS THE REST OF US?

professional skeptic

March 30th, 2010
7:49 pm

professional skeptic

March 30th, 2010
7:49 pm

Warbler

March 30th, 2010
7:51 pm

Okay, once again for all the law-abiding liberals out there.

Article V, Section III, Paragraph IV, Georgia Constitution:

Paragraph IV . Attorney General; duties. The Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall be required by law .

Now, I suppose you will all argue that this doesn’t really say what it says. To a liberal, the law only counts when it agrees with your position.

Truth B. Told

March 30th, 2010
7:52 pm

@Kevin,

Sir, if the Attorney General tells you that the state has no legal position to sue, and he has been the Attorney General for 13 years.

Why can’t yall — yep YALL believe what he is telling you?

In this case — HE IS THE ATTORNEY — not a state representative.

There are only 15 states trying to sue….did you notice I said — only 15 states. WHERE ARE THE OTHER 35 STATES on this matter????

That should tell you something…..they either know — what Baker knows….or they are too financially strapped to do anything…and are waiting on the sidelines — LIKE WE SHOULD BE DOING.

If a state has the money to pay for all of this…..GO FOR IT! — GEORGIA SURE DOESN’T!.

The Truth Hurts

March 30th, 2010
7:56 pm

Get rid of this Socialist AG who thinks his Socialist views allow him not to listen to his superiors….typical Democrat Brainless and Clueless…now this fool will find himself out of a job!!! LOSER!! LOL

The Man

March 30th, 2010
8:00 pm

Kevin, the women, hispanics and asians that I work with didn’t vote for John McCain and Sarah Palin. You know Sarah Palin whose husband was part of a group that wanted Alaska to leave the U.S. John McCain the Wespoint grad who finished at the bottom of the class. I told my son go to West Point finish at the bottom of the class and the you can run for President. The Republican Party AKA Ku Klux Klan. Rush is racist. Hannity is racist,. O’Reilly is racist. Fox News “Unfair and unbalanced”

Robert W. Patrick

March 30th, 2010
8:08 pm

I applaud AG Baker’s stance on this issue. I think it is absolutely senseless to file a suit in an effort to prevent the under-served and uninsured from getting adequate health care. Lest we forget, some legislators often act in opposition to the common good in exercising their authority. I consider the request to file the referenced law suit to be another case in point.

Tom

March 30th, 2010
8:13 pm

Julie Camp, if I were a wagering man, I would bet you didn’t vote last election, and didn’t actively participate in getting and your party’s candidates elected to office (all talk, no action type).
Your views indicate your a fascist (see Google, Wikipedia, for definitions). As you become more political involved in the democratic process, you’ll mature. We are all Americans, and each and everyone can make a meaningful contribution. Totaliftarianism has no place here (no American has to leave because their opinion is different than yours Julie). And Thurbert Baker, an independently elected official, should not be impeached, because his professional opinion differs from the pro-bono attorney friends of our good Governor.

The Truth Hurts

March 30th, 2010
8:16 pm

Get rid of this Socialist…just like the rest of congress losers that support this welfare bill….Obama and his Socialist party think its ok to take my money to pay for some lazy, deadbeat. Let these slackers go out and buy their own insurance like I did…instead they have to leach off of me and other productive members of society….GET A LIFE!!

Bobby

March 30th, 2010
8:18 pm

I’m amazed the Georgia Republicans don’t wear their white sheets to the legislature each day.

Henry

March 30th, 2010
8:18 pm

Georgia lawmakers who are suing over health care bring back memories of 1955, when the legislature, reeling from the 1954 Supreme Court decision to integrate schools, passed legislation to withhold funds from any school system which allowed black and white students to attend the same school. Now wouldn’t our segregationist forefathers be proud of Georgia’s fight for states’ rights?

The Truth Hurts

March 30th, 2010
8:25 pm

Bobby….the typical ignorant loser I was talking about…He thinks just because he is a racist everyone else in america is too…..What KLAN do you belong to bobby? You really need to stop being so racist….its sickening!!!!!

Libby

March 30th, 2010
8:28 pm

The Democrats love the black men because America is changing to a point where they’re in the minority. Women, Afirican-Americans, Asians, and Latinos are decreasing in number. When we see someone like Baker stand ground and not agree with get all tingley inside. Hail ObamaGod Hail!

Kevin

March 30th, 2010
8:30 pm

Well, The Man, I shouldn’t have warned you to not look like a fool. Because you clearly ignored my suggestion.

You, my friend, are precisely what’s wrong with our once-great nation. Ignorance and indignation. All rolled up in one.

Tech Man

March 30th, 2010
8:30 pm

Henry @ 8:18
So how do you recommend a state defend itself against a federal law they disagree with?

Libby

March 30th, 2010
8:30 pm

You cannot imPEACH in the Peach State. That would be racist!

Libby

March 30th, 2010
8:32 pm

The Truth Hurts is the typical ignorant loser we was talking about…He thinks just because he is a racist everyone else in america is too…..What KLAN do you belong to The Truth Hurts? You really need to stop being so racist….its sickening!!!!!

Libby

March 30th, 2010
8:35 pm

My ObamaGod’s KoolAid is delish! :)

Jiggle the Handle

March 30th, 2010
8:36 pm

I entered the fray earlier this afternoon and have just reviewed all the comments that this deservedly generated. For the most part, everyone has made some good points (some hilarious…i.e. “tap, tap”), and as these free -for-alls go, everyone has been fairly civil.

I don’t want to preach, but because of a lack of employment, I’ve had the opportunity for a close look (very close) at the House this legislative session. Here’s my take:

1) Partisanship is alive and thriving at the State level. Why should it be any different than the national level?

2) The General Assembly is comprised of:

The Truth Hurts

March 30th, 2010
8:40 pm

Wow Libby, guess you don’t have enough brains to come up with your own posting so you have to use mine. You were obviously educated in a Govt School….They have trained you well for your job….Would You like Fries with that Shake Sir??? Yep your a total LOSER!! LOL

Libby

March 30th, 2010
8:43 pm

The Truth Hurts is a meany conservative, aren’t you! You can’t take my ObamaCare away from me now, nan nanny boo boo! Hail ObamaGod Hail!

ps. my ObamaGod makes delish KoolAid!

JR Ewing

March 30th, 2010
8:43 pm

Get a life idiot Republicans!

Libby

March 30th, 2010
8:45 pm

The Truth Hurts – truce, lets be friends. Afterall, my ObamaCare will be coming out of your paycheck. It’s like we are going to be connected like family! Kumbaya! Hail ObamaGod!

Tech Man

March 30th, 2010
8:45 pm

Robert W. Patrick @ 8:08
So it’s all or nothing with you on healthcare. There is no better way than Obama’s way. Obamacare does vertually nothing to cut healthcare expenses. Obama has found his universal enemy in the insurance companies. He first tried the doctors which got nowhere as everyone loves their doctor so he picked on the insurance companies. He made them his villian. Health insurance companies are the financial conduit to pay for medical costs. If medical costs go up so do premiums. Medical premiums cannot be reduced unless medical costs are reduced. For example, requiring Rac Trac to lower prices without lowering the cost of a barrel of oil doesn’t work and requiring Rac Trac to tune up your car for the price of gas and still stay in business will result in higher prices.
In the near term you are going to be shocked at the increases. The vast majority of employer and state health plans renewal 1/1, after the fall election (timing is everything), and increases for the new mandates are going to go through the roof.
Strong healthcare reform yes! Obamacare NO!

Libby

March 30th, 2010
8:46 pm

Republicans are responsible and I don’t like them. I hate their Tea, my ObamaGod’s KoolAid is yummy!

michelle

March 30th, 2010
8:48 pm

if this isn’t a LOL moment! what have the republicans been screaming about the healthcare bill this whole time, that it didn’t include tort reform for frivilous lawsuits? pot, have you been introduced to kettle?

Jiggle the Handle

March 30th, 2010
8:49 pm

….ooops…where was I”

oh, yeah…

2) The General Assembly is comprised of:

a) relatively young group of ideologues full of piss and vinegar—these are overwhelmingly Republicans,

b) a large group of reasonably well-off seniors who are having a great time with their “hobby”

c) a sprinkling of true public servants, (on both sides of the aisle), that care about their constituents, and are doing their best, but are woefully outnumbered by Groups a & b.

The point is, you’ve got to get involved or you end up with the current state of affairs. It is not enough to just vote. The legislative offices are swarming with lobbyists. You can’t swing a dead cat on the 3rd floor of the Capitol when the Legislature is in session without smacking a lobbyist in the face.

But they don’t outnumber constituents. They can’t drown out your voice if enough people are pounding their individual representatives in an unrelenting fashion. So get motivated and come with some ideas. It’s not enough to just bitch. And you can’t wait until the General Assembly convenes it’s annual social club. Start being an informed pain in the ass well before.

my $.02

PeterPunkinEater

March 30th, 2010
8:50 pm

Frankly, I love the fact that Thurbert Baker is at the end of this rather idiotic wrath. It’s about time TB figure out who he really is and what is thought about him. Men like he, Micheal Steele and Clarence Thomas spend their entire lives trying to show the majority how “good” they are and that they don’t identify with their people. They kiss up and do the bidding for the powers that be. As long as they are beating their own down it’s all good with the establishment.

But the first time the big house is on fire and they don’t run in there risking their own lives to save the life of the master, they are strung up – reminded of who they really are.

I say GOOD. No… GREAT!

Libby

March 30th, 2010
8:50 pm

I heart ObamaGod. He is giving me ObamaCare. My ObamaGod is getting an Iron Lung for free! Hail ObamaGod, long live ObamaGod!

Tech Man

March 30th, 2010
8:52 pm

Jiggle the Handle

Well stated! The best government is local government. Get involved with your local government.

The Truth Hurts

March 30th, 2010
8:52 pm

Libby yes it will…but i will still have enough let over to buy and sell you a few hundred thousand times..:) .

Libby

March 30th, 2010
8:55 pm

Is the ObamaCare card going to be platninum or black? I vote for black, again! :)