MONTGOMERY, Ala. — In an effort to slow down the impeachment process, Governor Robert Bentley’s attorneys are arguing that he cannot be impeached based on actions that he took in his first term. His legal team believes the doctrine of “condonation”, which is commonly used in divorce cases, is in play.
Condonation is the forgiveness or acceptance of another’s wrongful behavior that otherwise could be used as grounds for a civil case, such as divorce.
The argument was made by the governor’s counsel in a letter sent to House Judiciary Committee chair Mike Jones (R-Andalusia). Jones’ committee began meeting out of regular order yesterday to investigate the articles of impeachment filed against Bentley.
Bentley attorneys David Byrne and Joe Espy wrote, “The Alabama Supreme Court has held that acts of previous term cannot be made the basis of charges of impeachment.” The continue by stating, “a reelection to an office operates as condonation of an officer’s conduct during a prior term. Therefore, acts or events occurring during Gov. Bentley’s first term should not be properly considered as evidence of impeachment for the term beginning January 2015.”
Bentley’s letter also requested that three committee members, Mike Ball (R-Huntsville), Allen Farley (R-McCalla), and Rep. Mike Holmes (R-Wetumpka) be recused from the investigation because they signed the articles of impeachment against him. His lawyers state that the U.S. Supreme Court has held that an “unconstitutional bias exists when the same person serves as both accuser and adjudicator in a case.”
Articles of impeachment were first filed on April 5 in the wake of revelations that the governor may have misused state resources to facilitate and cover up an affair with his top political advisor, Rebekah Caldwell Mason. But State Rep. Ed Henry (R-Hartselle) — a leading proponent of impeachment — argues Bentley’s “betrayal of the public trust” began with his incessant attempts to raise taxes after running for re-election on a “No New Taxes” pledge.
“If he really loves Alabama, he should put aside his selfishness and step down,” Henry said.
RELATED: Lawmakers begin process to impeach Bentley; Governor calls it ‘grandstanding’
House members levied four articles of impeachment against Bentley: neglect of duty, corruption, incompetency, and offenses of moral terpitude.
The Bentley administration has been mired in scandal since late March when Yellowhammer exposed the existence of audio recordings that captured sexually charged conversations between Bentley and Mrs. Mason. State and federal authorities have also launched criminal investigations into possible wrongdoing that stemmed from their inappropriate relationship.
RELATED: ‘Neglect of duty, corruption, incompetency’ — Here’s what’s in Bentley’s articles of impeachment
Business leaders have warned that the governor’s actions may now be impacting the state’s ability to attract jobs.
“We’ve got all this momentum with aerospace and Airbus suppliers are moving in and Google’s coming to the state and fiber broadband is going in and then boom — just like that the momentum is stopped by a scandal that none of us can do anything about,” one local economic developer told Yellowhammer. “To say it is frustrating would be understating it.”
RELATED: Economic developers frustrated as Bentley scandal chases away companies, jobs
Bentley has insisted that nothing he has done is ground for impeachment and has accused his detractors in the legislature of political grandstanding.
“There are no grounds for impeachment, and I will vigorously defend myself and my administration from this political attack,” he said.
The articles of impeachment, which function as the charges against the accused, must be passed by a simple majority in the Alabama House of Representatives. Once the house impeaches the governor, he stands trial before the Alabama Senate in a trial presided over by the Chief Justice of the State Supreme Court.
If the governor is convicted, he would be removed from office and replaced by the current Lieutenant Governor, Kay Ivey.
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