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
pete
March 31st, 2010
8:54 am
We know who is hurting our state Purdue and the grand ole pu.pa.This is what we get when they let every ederly person in the world retire in your state and they get all the tax breaks and control our communities.
Mugwump
March 31st, 2010
8:55 am
Sonny has his and he doesn’t care a hoot about the damage his rants cause. He is giving Baker a lot of face time on TV and news papers. Baker won the last face off with Sonny and he will win this one also. Baker might win as his ratings just went up.
Libby
March 31st, 2010
9:01 am
“The GOP better watch out as the Tea Party might just divide the conservative vote in the future”
ObamaGod’s KoolAid is a uniter, not a divider! The rainbow of flavors is delish! Hail ObamaGod Hail!
Governor Baker .... really what a joke.
March 31st, 2010
9:02 am
The best cost savings for the State would be to get rid of the Attorney Generals office of misfit so called attorneys and start over. Baker has instilled in this group that it s much better and more cost effective if you ask he defense attorney what it willtake to settle a case before it goes to court or grand jury, regardless of the crime. The entire group of attorneys in the AG’s office are just waiting for retirement without doing anything.
Libby
March 31st, 2010
9:03 am
“Money would be well worth spent to get Purdue out.”
Yes, out with Sunny Purdue!!! I can’t stand her Tea!
Libby
March 31st, 2010
9:09 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”
Yes, the GOP is hateful. All of the nasty Liberal comments on here were made up by Republicans! We Democrats are perfect! We must get to the bottom of all this ugliness. I demand that we find and prosecute those bad conservatives that send hate messages and bricks through windows on Capitol Hill! We liberals demand justice because we are Right, even though we are Left!
Hail ObamGod Hail!
Pete & rePete
March 31st, 2010
9:43 am
Yes, Hatfield and his crowd are idiots…but at least by wasting their last 9 days on stuff like this, they’re not hurting Georgia by passing more bad legislation. As the man said, “there is no problem that the (Georgia) Legislature can not make worse”, so go ahead, Mr. Hatfield, PLEASE spend the next 9 days trying to round up impeachment votes. Fellow Georgians, it is time to CLEAN HOUSE this coming November!
pete
March 31st, 2010
9:43 am
I do not mind or regret a single tax paying dollar that goes to the good of the children and poor in this country or to help our needs in anyway.But it is hard to see all of the money we spend on wars we do not need,lives being taken is a waste.These young men and women needed to be at home 8 yrs ago making our great nation go forward into the future, with new tech and preserve our future, this did not happen.Instead our president then chose war for our future we bought arms and still we are paying for war.So I for one do not mind Ins in this country if it is for the good of my people, yes it does have some problems, but it is a step in the rt direction.McCain and Palin even said we needed health care reform when they were on the campaign trail.Now they want to lie about it.I guess we will keep on conserving in georgia pandering to the rich old because they care nothing about change or how to be humane to one another.
BG
March 31st, 2010
10:11 am
Well, it sounds like my state representatives are doing their job! Perhaps they are attempting to toss him out of office because their constituents are blowing up their phones and filling their inbox demanding that they do everything in their power to stop Obamacare from becoming part of life in Georgia. This includes attacking from several angles to fulfill constituents’ requests – this is just one of them.
Trust me, I think that healthcare reform is needed…but a government takeover is the wrong direction….not to mention illegal. For starters, the notion of providing something like this is something a State would be responsible for handling. If the people of Georgia want government run healthcare, then they should ask for it for Georgia citizens. Secondly….WE ARE BROKE – Washington just can’t get it through their thick heads that this country is COMPLETELY BROKE and they have got to stop spending money. Thirdly, it is completely illegal to REQUIRE that someone purchase a product or service for any reason whatsoever.
This federal government is completely out of control…and I wish the whole lot of them would be replaced. I’m pleased that Georgia is looking out for the rights of its citizens, and taking action based on the wishes of its constituents to protect our freedom.
HR 1866
March 31st, 2010
10:19 am
The House Resolution is actually HR 1866 – not HR1886….other sponsors are: Bobby Franklin (43rd); Barry Loudermilk (14th); Calvin Hill (21st); Sean Jerguson (22nd); then is says “and others.” Who are these “others” and is there a reason they’re embarrassed to put their names on it….why yes, yes, there is! This is yet another sad example of the irresponsibility of our current elected officials in Georgia to do their job – pass a freakin’ budget!!!
GaBlue
March 31st, 2010
10:43 am
Yes, who are the others? I tried to find out how my rep voted, but it’s not posted.
Mugwump
March 31st, 2010
11:10 am
Can it be that Sonny wants to get everyone off on a wild goose chase so they will forget about the ethics and morals issues. As a child I was taught to honor our government officials and to have a respect for the law. Recently I have been heavily burdended to follow my parents advice. Not the law or government, just the respect for the officials. But I forget, they don’t want my respect; just my vote.
NooX Noodeal.
Been Around-Done That
March 31st, 2010
11:24 am
This will guarantee Baker the black vote and the nomination in the Democratic Primary. That is enough to beat out King Rat. Of course Baker will get his butt kicked in the General Election by a Republican. And maybe that is what is really behind the impeachment attempt. Way to go Ralston!
Bob
March 31st, 2010
11:47 am
Dave R., are you assuming that the Honorable AG Baker DID NOT bone up on the Constitution and prior judicial precedents?
The Honorable AG Baker made his decision based upon his knowledge of the law and, his professional opinion, to pursue this lawsuit was folly and a waste of resources. He knows that this Federal law will be ruled constitutional, if nothing else but under the rubric of interstate commerce when health insurers cover hospital care of a non-resident patient (Hospital in NC and the patient is from GA for example). Money changes hands across state lines and that is interstate commerce.
This effort to impeach the Honorable AG Baker is not only silly but erodes the credibility of any representative that supports such a move.
I also implore all of the people that live in the 13 counties of the Atlanta Metro area to unite and support the good of all of Georgia but not to the exclusion of Atlanta as it is being done today. It is about time that the rest of Georgia realize that improving the Atlanta area means improving the whole of Georgia. As Atlanta’s fortunes go so do the rest of Georgia’s fortunes. I know that if my employer did not locate to the Atlanta area, they would not be in Georgia at all. My choices to live is not between the Atlanta area and another Georgia city, it is between Atlanta, Charlotte, Nashville or Washington DC. For me is it the Atlanta area or nothing in Georgia.
Die Hard Dem
March 31st, 2010
12:10 pm
To everyone who has posted that they are FED UP with the GOP:
VOTE THEM OUT IN NOVEMBER. I have already made plans to take the day off to ensure that I will be able to vote. DO WHATEVER YOU HAVE TO DO TO GET THEM OUT.
A Realist
March 31st, 2010
12:17 pm
Bob, are you really that gullible? I would think a more feasable scenario would be that the White House got to him.
Over the Brink | Progressive Fix
March 31st, 2010
12:22 pm
[...] via lawsuits reached a new crescendo in Georgia yesterday, when Republicans in the state House introduced articles of impeachment against Georgia Attorney General Thurbert Baker. You see, Baker (a Democrat) refused to join [...]
Bob
March 31st, 2010
12:24 pm
Tech Man, no one is forcing you to go to the doctor either. If you don’t want to pay for such stuff then life in a self-sufficient compound out in the North Georgia mountains. No, wait a minute, you are still forced to pay property tax on that compound as well including any income tax on all income.
Well, I guess you can’t win. At least with auto, health, and home insurance you can control the cost of them as opposed to a tax which is mandatory. I don’t think you are advocating we pay mandatory additional taxes for auto, health, and home protections like they do in the UK Nanny state, right?
Tech man
March 31st, 2010
12:41 pm
Bob @ 12:24
I am sorry, I don’t follow your objections to what I have written. Are you objecting to the State of Georgia asking for judicial opinion if they have to enact Obamacare?
Tech man
March 31st, 2010
1:02 pm
Bob @ 12:24
If you are talking about premium rates and covering pre-existing conditions my point is Pelosi and crew sold their “fix” as making health care affordable. Covering pre-existing conditions will raise prices which is the direct opposite of “affordable”.
I have no problem with pre-existing conditions being covered, in fact I am for it, however, there is a cost involved.
Mugwump
March 31st, 2010
2:02 pm
If it comes down to a choice between Baker versus OX or Deal, not less than a few voters will cast their eyes away from the “I’s” and “R’s”. As a result of the financial mess more voters are paying attention to what is going on now. The old smoke and mirrors will be seen through. The voters are looking for leaders with morals and ethics. Those with heavy baggage need not apply. NoOX NoDeal.
Dawg On It
March 31st, 2010
3:02 pm
The inability for all of us to have an intelligent policy conversation and the propogation of misinformation is the cornerstone of what is wrong with our political system. I don’t care about an individual’s opinion, only that we can have a conversation without supposition, innuendo, lies, and threats. I’m completely open to the idea that the Act is wrong, but only if someone convinces me using arguments and facts, which seems woefully unlikely right now in our country.
John
March 31st, 2010
7:01 pm
Hey Dave R. I admit I am not from Georgia, but you need to read the bill. In no part of the bill does the government engage in actual commerce. In no part of the bill does the US Government engage in “taking over” health care, they are acting well within their power to regulate. That is the problem with most republicans they do not fully consider the consequences of their actions. Before the 80s and Reagan beginning the process of removing banking regulations, there were no bank failures between the 30s and the 80s, since the 80s there have been a multitude of bank failures. Here we are in the first decade of the new century and our economy almost collapses because the banking industry will not play fair when left to its own devices. You sir need to bone up on your history as well as constitutional law, of which Obama was a professor, You really should consider that.
Suki
March 31st, 2010
11:34 pm
What a complete moron Purdue is. Wasting time and energy on an impeachment, instead of focusing on the Georgia budget that is in the toilet.
Suki
March 31st, 2010
11:37 pm
To Techengineer: You have got to be kidding, right? Federal law supercedes State law, didn’t you know? The healthcare bill is here to stay despite the Ga. republicans.
Suki
March 31st, 2010
11:50 pm
To Techman, Local government? They are a joke, too. LOL All of Georgia is a joke and an embarassment. Go to any other progressive state and tell them where you are from. Watch the looks on their faces and the chuckles. I am not proud to be a Georgian right now.
Suki
March 31st, 2010
11:53 pm
One more thing, Go on tea partyists, keep on going. You are ripping the GOP apart. and that means bad news for you in the next election. LMAO
politicsislife
April 1st, 2010
9:28 am
I have voted for both Republicans and Democrats in this state, and as an Afican – American woman to vote for a Republican is quite unusual. Well, I don’t see it happening again for a long time! All of this feigned outrage by the conservatives about the tyranny of the federal government sounds like the
“Jim Crow” days from not so long ago! Many of these legislators represent people ( WHITES) that healthcare reform will help, ( i.e. pre-exisiting conditions, medicare recipients ( which is GOVERNMENT RUN HEALTHCARE), dropping you off of insurance if you get sick, losing insurance if you are laid off, are against healthcare. They aren’t concerned about budget dieficits because this lawsuit will cost, and the attempt to BULLY Thurbert Baker is plain WRONG! Just like the civil rights marchers fought people like those idiots before; we won’t let your prejudice win this time either.
Raie King
April 1st, 2010
10:00 am
There is a reserve fund that could be utilized to save our failing school districts. However, the state would rather spend time on impeaching an Attorney General. When is enough enough!!! Education should come first. But In Georgia if you don’t do what I say then you are out!
Gotcha
April 1st, 2010
12:56 pm
Abuse of power, Waxman now calls companys to Capitol Hill so he can explain marxist math. States will now have burden with all the people added to Medicaid . Impeach this fool in Georgia. Most of this country wanted jobs and Dems. are still trying to sell this screwed up healthcare bill. We were promised 3 to 4 million greenie jobs yet 79% of the 2.1 billion in the spendulus for wind energy has gone to other countries. For years Dems have demonized oil companys and now what, its drill baby drill. Well guess what fool, most cars still run on gas. Even your bicycle chain needs a little oil. Its hard to believe so many fell for all of the lies, and now if you want all this socialism why dont you move. There are plenty of countries that have it already. Just more Hope A Dope lies. This man said he was going to unite this country, what bull!
Gotcha
April 1st, 2010
1:30 pm
To Suki, yes go to Michigan and tell them where you are from. They have seen first hand how Dems and unions have destroyed jobs and cities like Detroit. Or go to California, they welcomed me fool. Social programs and social justice have run it into the ground. They are broke = no money, high unemployment. My nefew went to apply for a job at the fire department and scored the highest on the test and was told sorry your not the right color. Maybe they didnt have their quota of minorities. I have never had problems with insurance companys. Now anyone that stands in their way or has a different opinion is demonized.
Suki
April 2nd, 2010
12:55 am
Instead of taking care of busines ( like fixing the highways, bridges, aging sewer systems, schools and education) the fools are trying this bs impeachment issue. Don’t our Republican politicians have anything better to do than waste time over this insanity? I guess not. Stupid, stupid, stupid, you can’t fix “stupid”.
A welcome spotlight on the AG election | Kyle Wingfield
April 2nd, 2010
7:02 pm
[...] the case, while Georgia legislators are pursuing both a resolution directing Baker to file suit and articles of impeachment based on his [...]
Larry Gooden
April 4th, 2010
4:58 pm
After reading some of this blog and taking notice of the mud slinging: left against right and right against left; I am not encouraged that we as a society can expect anything good to come from this.
I personally want to be part of the solution and not part of the problem, but I am angry and tired of those who believe that some one else owes them something. The Government of this great nation historically has been a government of the people, for the people and by the people. A democracy where the majority rule, but the American population needs to open their eyes and look around and see that those in power are ignoring the will of the majority (see current polls which they love when they favor them but now despise because they are contrary to them). Those in power should be representing that which is in the best interest for American and the American people. If the American people will just step back and take a look at what is going on; there are those in power who are dividing this country, polarizing its population and creating rifs that will not be easy to heal. If they continue these kinds of politics we will be driven to test the metal of our convictions and we will find out who has the will and the might to stand. When that time comes where will we be.
When we refuse to learn from history then we are bound to repeat the lessons we failed to learn from that history. I am not going to whine and cry over those who refuse to be responsible for themselves, but I intend to do everything with in my power to take care of my family and that which God has granted me power to possess and have influence over. My best advice for all of you who expect to survive this madness is to do the same.
If we had a US treasury with billions of funds stashed away then it would be foolish not to spend it for the health and welfare of our citizens, but it is totally irresponsible for our elected officials to spend funds that we do not have and especially during a time when multitudes are without jobs and many are losing and in doubt of whether their jobs will last.
I am shocked at the masses of American citizens that see nothing wrong this! If it is wrong for the average citizen to open a bank account and only deposit enough capital to get the account open and then to start writing checks like the only limit is the sky; then it is wrong for the Federal Government to do this and the Federal government is not only mis-representing the living constituents but they are mis-representing those yet to be born who would like to have a voice in their own future and not have the current Federal Government mortgage their future to bankroll the foolishness of those who refuse to take responsible care of themselves and who are inclined to ask what the government can do for them, rather than asking what they can do for their government and still believe that they are in anyways a part of the solution.
We are in deep trouble when the multitudes have been persuaded to think that those who tell them just what they want to hear and promising them every thing they want are people worthy of their allegiance.
People that really love and have our best interest at heart will love us enough to tell us the hard truth and show us how to deal with reality rather than leading us astray with their lies and deception which has been spun and woven into such a surreal fantasy that it is near impossible not to believe it.
Please wake up America before it is too late and deal with the responsible truth that will deliver us from this evil and set us free from the deception of political lies power hungry politicians who do not care for the American people and our liberties and freedoms.
Julie
April 7th, 2010
2:10 pm
So glad that I do not live in Metro Atlanta – I’m a real Georgian. Why are you people talking pot holes in Atlanta? That’s got NOTHING to do with the state (unless it’s on a state road), that’s your CITY and COUNTY – call your mayor.
This issue is about the HCR, how many of you actually read it or any part of it? Even if you haven’t read it surely you understand that people should not be forced to buy any product or service just because they are alive. Yes, I think people should be more responsble for themselves, but you don’t do that by creating more entitlement programs for the users and abuses to take advantage of.
I think Mr. Baker’s decison was bases on his political aspirations. He should have remembered he works for the people of Georgia (not the DNC) and you people need to remember that Atlanta government and Georgia government is seperate. Atlanta has it’s own attorney. Mr. Baker works for the people of the state of Georgia. If we can by pass him that’s great – as far as the cost you people are complaining about – there are already firms willing to work pro-bono, so that’s really a non-issue.
Mr. Baker should be impeached because he is not doing the job he was elected to do – represent Georgia.
If he isn’t impeached that’s fine with me too. I’m not worried about him winning the governors’ race. He’s shown the people of Georgia that he cares more about his political career than the state.
All the issues ya’ll keep talking about – roads, schools, transportaion, etc. well in case you’ve missed it we are in the midst of an economic crises, cuts have to be made.
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