Gansler’s office: Gansler can’t be impeached
Maryland Attorney General Douglas F. Gansler’s office came to the conclusion this week that the state’s General Assembly does not have the power to remove Gansler from office.
“The Maryland Constitution explicitly states that a ‘court of law’ is the forum for proceedings to remove an Attorney General,” wrote Gansler’s counsel Dan Friedman in a letter to House Speaker Michael E. Busch. He points to Article V, section 1 of the Constitution.
Friedman then quoted his 2006 book “The Maryland State Constitution: A Reference Guide” ($136.95 on Amazon). “The Attorney General may only be removed by a court proceeding for the specified grounds, not by impeachment by the legislature,” wrote Friedman. As an aside, Friedman wrote the book before he was hired into the AG's office.
Why are we talking about impeaching Gansler? Last week Republican Del. Don Dwyer became angry that the AG issued an opinion saying out-of-state same-sex marriages should be honored here and threatened to begin impeachment proceedings against Gansler. The exchange prompted a candidate for Dwyer's seat to challenge him to a debate.
And Dwyer was outraged today by the letter from Gansler's office.
“I was not surprised to see that Attorney General Gansler opposes his own impeachment,” Dwyer said in a statement. “What is surprising is that Dan Friedman (Council [sic] to the General Assembly) who wrote the letter, refers to the book, Dan Friedman, The Maryland State Constitution: A Reference Guide as the basis for his opinion that the Attorney General may not be impeached or removed by the legislature.”
“The Maryland Constitution explicitly states that a ‘court of law’ is the forum for proceedings to remove an Attorney General,” wrote Gansler’s counsel Dan Friedman in a letter to House Speaker Michael E. Busch. He points to Article V, section 1 of the Constitution.
Friedman then quoted his 2006 book “The Maryland State Constitution: A Reference Guide” ($136.95 on Amazon). “The Attorney General may only be removed by a court proceeding for the specified grounds, not by impeachment by the legislature,” wrote Friedman. As an aside, Friedman wrote the book before he was hired into the AG's office.
Why are we talking about impeaching Gansler? Last week Republican Del. Don Dwyer became angry that the AG issued an opinion saying out-of-state same-sex marriages should be honored here and threatened to begin impeachment proceedings against Gansler. The exchange prompted a candidate for Dwyer's seat to challenge him to a debate.
And Dwyer was outraged today by the letter from Gansler's office.
“I was not surprised to see that Attorney General Gansler opposes his own impeachment,” Dwyer said in a statement. “What is surprising is that Dan Friedman (Council [sic] to the General Assembly) who wrote the letter, refers to the book, Dan Friedman, The Maryland State Constitution: A Reference Guide as the basis for his opinion that the Attorney General may not be impeached or removed by the legislature.”
Comments
Dan Friedman is Counsel (not "Council") to the Maryland General Assembly in the Office of the Attorney General. Delegate Dwyer should know this and you should know this.
Posted by: Susan J. Thomas from Montgomery County | March 2, 2010 5:49 PM
SJT from Mont Co. You should know...The impeachment proceedings are not cause for automatic removal and shouldn't be confused either.
Article 3.26 states: The House of Delegates shall have the sole power of impeachment in all cases; but a majority of all the members elected must concur in the impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be on oath, or affirmation, to do justice according to the law and evidence; but no person shall be convicted without the concurrence of two-thirds of all the Senators elected.
Friedman to offer his opinion and referencing a "book" he authored and not the Maryland Constitution itself is laughable.
Let the chips fall where they may...
Posted by: Augie from Baltimore Co. | March 2, 2010 8:31 PM
Don't be so naive as to think that Friedman wrote a book on the MD Constitution without citing and discussing the specific provisions of the MD Constitution. Also, the fact that his interpretation now is consistent with his interpretation before he worked in the AG's office shows that his ultimate opinion is not the product of pressure from the AG.
With respect to the actual Constitutional provisions, compare Article IV, Section 4 (which deals with removal of judges) with Article V, Section 1 (which deals with the removal of the AG). Judges can be removed by a conviction in a court of law OR by impeachment. Article V only says the AG can be removed by conviction in a court of law. It doesn't say the AG can be impeached.
Posted by: Kevin | March 3, 2010 11:48 AM
Delegate Dwyer announced intent to pursue impeachment of the Attorney General back in December (see article on AIPNews-dot-com dated Dec 26, 2009), long before this latest high Crime of usurpation became an issue. I suggest adding a third count, related to the nonfeasance in ignoring the violation of our gambling laws in the highly publicized wagers of Gov. O'Malley during the NFL playoffs.
Posted by: Steve Schulin | March 3, 2010 12:41 PM
ARTICLE V. SEC. 1. There shall be an Attorney-General elected by the qualified voters of the State, on general ticket, on the Tuesday next after the first Monday in the month of November, nineteen hundred and fifty-eight, and on the same day, in every fourth year thereafter, who shall hold his office for four years from the time of his election and qualification, and until his successor is elected and qualified, and shall be re-eligible thereto, and shall be subject to removal for incompetency, willful neglect of duty or misdemeanor in office, on conviction in a Court of Law (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
Posted by: Anonymous | March 7, 2010 10:04 AM