On Tuesday, the House Judiciary Committee discussed concerns over the paused impeachment process against Governor Robert Bentley. Central to the meeting were issues that have been posed by the Alabama Attorney General’s office, which argue that the panel should hold off on pursuing the impeachment for fear that their efforts may cause a double jeopardy scenario.
In a letter sent on February 24th, Ellen Brooks, who is overseeing the investigation, urged the committee to reconsider moving forward for now.
“Although the Court has not considered whether an impeachment proceeding in the Legislature would have the same effect, such a proceeding could create a legal issue for the courts to resolve in any potential criminal proceeding,” Brooks wrote.
During the meeting, a motion had been raised to move the committee’s investigation forward, though a tied vote left the panel’s activities in limbo again. However, House Judiciary Chairman Mike Jones (R- Andalusia) has indicated that he and others are committed to pursuing the impeachment as soon as possible. After the failed vote, Rep. Jones said that he will continue to work with the Attorney General’s office to determine the best path ahead.
“We’ll probably have some meeting with special counsel,” Jones said. “We’ll probably have a status meeting with the attorney general’s office, and then start formulating a plan based on those meetings.”
Last legislative session, Rep. Ed Henry (R-Hartselle) and House Minority Leader Rep. Craig Ford (D-Gadsden) introduced articles of impeachment against the governor, alleging neglect of duty, corruption, incompetency, and offenses of moral turpitude.
Articles of impeachment, which function as the charges against the accused, must be passed by a simple majority in the Alabama House of Representatives. If the House impeaches the governor, he then 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 by the Senate, he would be removed from office and replaced by the current Lieutenant Governor, Kay Ivey (R).
