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
Libby
March 30th, 2010
8:57 pm
The Truth Hurts is cruel. He is tying to treat me like a slave! You cannot buy and sell ME, my ObamaGod bought me and I am not for sale! Hail ObamaGod Hail!
Tech Man
March 30th, 2010
8:58 pm
Michelle 8:48pm
How does using the court system to settle the division of control of health care between states and the federal government compare with asking for a cap on punitive damages?
Libby
March 30th, 2010
8:59 pm
I bet The Truth Hurts would enjoy some Red KoolAid?
Mugwump
March 30th, 2010
9:00 pm
They sure are giving Baker some prime air time and making him look good. It seems Baker is the only one in the bunch who knows what his job is. I imagine we will see the large back side of Sonny a couple more times. NoOx Noodeal.
Libby
March 30th, 2010
9:03 pm
I am Libby the Liberal! I love KoolAid, I hate Tea! Hail ObamaGod Hail!
Can’t wait for my Black ObamaCare card to come in the mail!
Hail ObamaGod Hail!
goldenapple
March 30th, 2010
9:07 pm
We teach our students to stay on task and focus someone should pass this lesson on to those who make the laws under the gold dome. Focus find away to pay teachers and put money into the state school budget.Stop acting like the Pre K class do your job for this great state or allow some who has the balls to take your place and do it.
Jiggle the Handle
March 30th, 2010
9:07 pm
C’mon on Libby. I’m on you’re side in this. Please make a contribution to the discussion. Otherwise, please wait until we pause for a paid political announcement and then we’ll give you a shout….
Jiggle the Handle
March 30th, 2010
9:14 pm
What can I say? I must have a defective sarcasm detector. LIBBY —no way am I on your side….my bad. On the other hand, I still await a lucid and cogent comment from you.
Killthebull
March 30th, 2010
9:18 pm
The Luckovitch cartoon with all these Republican idiots dressed as clowns in a tiny car trying to pick up a well dressed AG Baker for their circus show with Baker refuseing the ride, says everything about these Republican idiots and their circus politics. Baker has kept his honor while others demean themselves. Georgia may be last in just about everything else but it’s first in political stupidity.
O.M.G.
March 30th, 2010
9:21 pm
The stupid. It hurts.
sharecropper
March 30th, 2010
9:23 pm
You bunch of fools. Don’t you rightwing dingbats get it? The Republican Party is on the verge of taking your Medicare and Social Security under the guise of repealing health care reform. Because if they can get that fool lawsuit before the Supreme Court, then Roberts and his ilk can finally do what Grover Norquist and his bunch of extremists have sought for two decades: the elimination of all entitlement programs. Because if health reform is unconstitutional because of “mandates,” then so too are Medicare and Social Security, both of which mandate participation. What a bunch of ignorant wingnuts you are. Say hello to poverty for you, and your parents. Damn. What stupidity we see from you.
whatamesss
March 30th, 2010
9:24 pm
Stupid Government in GA. I remained ashamed at the small time games in the legislature. Get a grip. Do you think we do not know what a law suit might cost to bring suit against the federal government?? Yeah, do the states rights thing. Go party of “NO”. Idiots.
And, when will you take care of the citizens of GA? Still waiting…
kwonjez Jazdrak
March 30th, 2010
9:30 pm
HANDLE YOUR business Thurbert and DON’T let Perdue and the rest of those racist TEA PARTIERS DEMAND that YOU do anything.WHY don’t yall rednecks GET A LIFE?Baker DOESN’T have to BOWDOWN to yall rednecks,IT’S NOT THE FIFTIES,MF’S.Baker TELL them YARD POSSUMS to KISS YO @$$.The WHITE man DON’T OWN this world,IT BELONGS TO GOD.
hello.life
March 30th, 2010
9:35 pm
Law suit? Do we even have the money for that right now? Answer: Most likely not. Wow great thinking politicians! I’m so glad you care about the funds for education for our future generation.
Racial Politics?: Thurbert Baker, Obama, and the Georgia GOP : Georgia Liberal
March 30th, 2010
9:37 pm
[...] has been whispered about all day, but most of the major blogs have avoided the topic. So, I will say it and start the [...]
WAW
March 30th, 2010
9:48 pm
Do ya’ll intend to give out axe handles with yo tea bags? and could you make mine sweet tea and I like that Pickrick Fryd Chicken.
Leaving GA
March 30th, 2010
9:56 pm
Hey Poohbear, Yes, if one doesn’t like living in Georgia there are planes leaving Atlanta every day. I’ll just drive the 5 miles into Chattanooga and be done with it. House is on the market now. Seriously. Ad valorem, income taxes and a dysfunctional state house are not a small part of my reason to leave.
Booker T
March 30th, 2010
9:58 pm
Democrats have had to sit through eight(8) years of Bush and the Republicans force feeding them with BS just because they had the power to do so………………………….Now it’s time for the Republicans to sit back, shut up, open wide and take a big dose of their own damn medicine. Politics is a grown mans game………………… stop whining you big babies :0)
techengineer
March 30th, 2010
10:03 pm
Remove the Obama lackey from office! This health care bill is a pathetic disgrace that needs to repealed immediately! Good job Mr. Hatfield.
Georgia is beginning to wake up, I hope… « Dead girl or live boy
March 30th, 2010
10:06 pm
[...] This article isn’t linked because of its fine description of events. It’s picked because of the user comments. Usually it’s filled to the brim with conservative love. For once, most of it isn’t. [...]
Fishawk
March 30th, 2010
10:18 pm
Idiots. We have elected idiots. This is an embarrassment to the state and it’s citizens. I’m ashamed to live here.
Concerned Voter!
March 30th, 2010
10:19 pm
Come on, Rs. Let’s really waste some more money here that we do not have. Get off your A**** and do some real good for our transportation issues and get us out of the depths of the bottom five when it comes to education. Jerks.
Legend of Len Barker
March 30th, 2010
10:25 pm
If I remember Constitutional Law class correctly, this lawsuit would go absolutely nowhere because you cannot sue the federal government. You can sue an individual in the federal government, but not the government itself.
Plus, if you change only a few buzzwords, this sounds exactly like Herman Talmadge’s attempt to block Brown vs. Board of Education in Georgia (seconded by Governor Marvin Griffin).
This is only slightly more entertaining than Jack Kingston complaining about the tax on people getting more than $200,000/$250,000 per year in unearned income under the healthcare plan when his district is the poorest in the state. All but four counties in it (of 25) being below the U.S. poverty line in per capita income.
David
March 30th, 2010
10:31 pm
Should I fail to adhere to policy and procedure where I am employed, I would be insubordinate, and would guess that Thurbert Baker is insubordinate as well! EVERYONE has to play by the rules, of course we know that you Democrats have a problem with the rules!!!
vuduchld
March 30th, 2010
10:39 pm
Hey you deadbeat citizens of Jawja, is this the best you can do, electing a clueless halfwit to drag your state out of it’s doldrums. Is this what you people want, an illerate inbred from that cesspool of south jawja who can’t tie his own shoes.
Your state is bleeding to death, causing the rest of us around the nation to keep you on life support and all you can do is elect fools like this then wonder why you’re in the mess you’re in.
Why should the rest of us support you!? Please, secede from the union, we don’t need your state dragging the rest of us down your slippery slope. You pilgrims can elect any bottom feeder you chose, just don’t have us keep paying for your bad choices!!
TIRED OF PURDUE SICK AS*
March 30th, 2010
10:44 pm
THAT’S WHAT HAPPENS WHEN THE GOOD OLE BOYS REALIZE THEY DON’T HAVE THE SAME AMOUNT OF CONTROL THEY HAVE HAD FOR YEARS. THERE COMES A TIME WHEN ALL EVIL DOINGS MUST END. IT’S ANOTHER DAY PEOPLE.
vuduchld
March 30th, 2010
10:50 pm
Hell, you pilgrims in Jawja can’t afford to buy a roll of recycled toilet paper and you want to file a lawsuit aganist the feds! ROFLMAO
Sarah
March 30th, 2010
11:05 pm
The Governor has my support on this one! If the AG isn’t doing his job he needs to go.
Georgian
March 30th, 2010
11:13 pm
God bless this impeachment get this health care out of the state and impeach any ignorAnt man who won’t stand up for states rights and instead supports socialism this man does not deserve to hold office in this great state let alone be a possible govenor
Never Going Back
March 30th, 2010
11:17 pm
I left Atlanta 11 years ago for the free and enlightened side of the Mason-Dixon line and am SO glad I did. Every time I think for a minute about returning, something like this comes out and I know I could never move back there, being free, safe, and surrounded by educated, worldly, and intelligent people here.
Commonsense.....................
March 30th, 2010
11:20 pm
where has It’s use gone? As a lifelong Georgian, I’m embarrassed. Not to say I have’nt been before with the politics of this beautiful state. Too many times to be frank but, this one beats them all. Here we sit ,this state is in the bottom 10 in about everything that counts ” Education” and “THEY” are wasting time, money and energy on this!
I’m a moderate and we have hit rock bottom. Why can’t we all get along and use some COMMON SENSE!!! The world will not come to an end because of this health care bill. Things get done by working together and finding common ground.
Let’s all start working together, by voting them all out office, not just this fall, but every election.Let’s vote for COMMON SENSE.
We can start fresh. Forget Republican / Democrat, both parties fight for special interest, not us. When did politics become a profession? Lastly, tear down the toll booths on GA 400. The road is paid for!
TGT
March 30th, 2010
11:28 pm
The GOP better watch out as the Tea Party might just divide the conservative vote in the future. This bill seems like a silly waste of time. Why can’t legislators be graded like the schools under NCLB! Either make progress or find another line of work! I’m a liberal from Alaska(originally from Georgia), and I can see idiots on both sides of the aisle. Do your job, represent your constituents or find another job!
Commonsense.....................
March 30th, 2010
11:31 pm
What happened to Libby? Called away for another cross burning.
Flo-Ri-Duh!
March 30th, 2010
11:42 pm
I don’t care for any of these pricks – can we get Ross Perot to run for Governor of Georgia. He has common sense and unlike most of these guys he is not out to line his pockets with gold. He’s one of a kind – honest.
Flo-Ri-Duh!
March 30th, 2010
11:45 pm
Atlanta has always looked down it’s arrogant snout at the rest of Georgia but actually Atlanta is the laughing stock…. when, in the last 25 years, has the city government done anything right. Of course, the “people” refuse to get these criminals and cronies out of office because they are scared they will lose their “power”.. What a joke… wake up – thse crooks are screwing you too.
TIRED OF PURDUE SICK AS*
March 31st, 2010
12:19 am
to georgian@11:13…..The majority of the comments posted are in support of Thurgood Baker. At least he’s doing what he was hired to do and that’s HIS JOB. No one can make him make a desicion that he feels has no legal merit. Respect him as the Attorney General. Just because Purdoo-doo is angry at Obama doesn’t mean that Baker has to do what Purdoo-doo says. Purdoo-doo can’t get his baby way all the time.
By the way when will our the Governor get back to the urgent matters that need to be attended to here in Georgia. He’s wasting the tax payers money with this bogus suit.
Hatfield's mama must be so proud
March 31st, 2010
12:26 am
“By failing and refusing to perform his constitutional and statuatry duties . . . .”
Another great example of the value of a Georgia public education. ROFLOL!!!!!! How ’bout you just pass a spelling competency requirement for people who write things that will have the force of law or which will be a part of the historical legacy of the State and leave the real legislation drafting to the smart ones?
Gregh
March 31st, 2010
2:46 am
Looks like Baker needs to be reminded what his constitutional duties are. Thurston Baker is more interested in loyalty to the Democratic party and Obama rather than represent the interests of Georgia’s residents.
tom riley
March 31st, 2010
6:16 am
this is stupid political grandstanding by the republicans. the worst part is that our state cant afford stunts like this. personally. i think we need the reform . however there are already several states that are testing the law . we could easily just sit back an let them do the work an pay the costs of a useless case. if they had an issue with the mandate it could have easily been resolved during the negotiations for the bill. our legislatures let us down by being obstructionsits rather than patriots
Tech man
March 31st, 2010
6:49 am
Tom Riley 6:16
No, you are incorrect. State governments were hardly consulted on the mandate. Of course, after the first couple of years when the federal sweeteners disappear the states are left holding the financial bag.
This was a “pass something” we’ll fix it later that became, oops we have to pass a mess because the Mass election threw the Feds a big knuckleball.
RickyBobby
March 31st, 2010
7:27 am
Will be so glad to get democrap idiots out of office. They are a cancer to society!
Shake and Bake!
Willis
March 31st, 2010
7:27 am
Just another example of how a former great State has become a 2nd rate Mississippi.
howard
March 31st, 2010
7:45 am
This is typical GOP bully tactics…It shows how low the GOP will sink to punish those who take a difference position…who do not toe the line…And to think, just a couple of years ago I was a Republican…I am ashamed to ever have been associated with this kind of politics in America
Libby
March 31st, 2010
8:02 am
“What happened to Libby? Called away for another cross burning.”
I am a liberal. We are shiney, happy people. Hail ObamaGod Hail!
Libby
March 31st, 2010
8:04 am
“C’mon on Libby. I’m on you’re side in this.”
ObamaGod’s KoolAid is delish, isn’t it? I hate Tea!
Hail ObamaGod Hail!
pete
March 31st, 2010
8:18 am
we should call for Sonny purdue to be impeached since the will of the people have spoken, and he has not listened yet and taken georgia in to bankruptcy because he gave the rich and himself tax breaks.He should be fired.I think we should look into all the laws he changed back and forth to help himself.
The Real Politico
March 31st, 2010
8:25 am
Let’s see cuts in education. Bad for the kids and our state. We lose out on federal funds for schools because we didn’t include fully the teachers unions. Bad for the kids and our state. A lawsuit planned by the governor which will cost money but not succeed. Bad for the kids and the state. Lawsuit filed to impeach the Atty. General which will cost money but not succeed. Bad for the kids and the state.
Who’s decisions are hurting the state?
Oh yeah a former Congressman running for Governor under a cloud of ethics irregularities and a Lt. Governor who is stonewalling the investigation.
Who indeed!
pete
March 31st, 2010
8:42 am
Money would be well worth spent to get Purdue out.
Mike
March 31st, 2010
8:42 am
Boot Baker.
A Realist
March 31st, 2010
8:43 am
In this case, the voices of the collective are much wiser than one man, that one man being Thurbert Baker…..all you buffons who insist this is a racist decision are nothing but racists yourselves and are part of the “Political Correctness” idiot syndrome that is ruining our country. The man (Baker) disobeyed a direct order (in the Army, Navy, Marines and Airforce) you can be put in the brig for this act of stupidity. I say “Impeach Now” for the good of our state……let’s join with other states who feel as we do about the ruinious nature of the healthcare bill just signed by Comrade Obama……this nonsense has to stop.