AIRC Update: The Governor’s Star Chamber and Tea-Publican Tyranny Run Amok

Posted by AzBlueMeanie:

In 1988, Governor Evan Mecham faced impeachment, charged with obstruction of justice and misuse of government funds by a Republican-controlled legislature. Jan Brewer, then a member of the legislature, made an impassioned speech against the impeachment of Governor Mecham and voted against his impeachment. Her colleagues disagreed and impeached the Governor.

At least Governor Evan Mecham was afforded procedural due process under the Arizona Constitution for impeachment of state officers, A.R.S. §§ 38-311 to 38-322. Mecham was served with articles of impeachment voted upon by the House of Representatives. He was served and given a trial by a court of impeachment in the Senate with an opportunity to present his evidence and witnesses, and to challenge evidence and cross-examine witnesses against him. Whether you agree with the decision to impeach or not, the rule of law was followed.

Today, we may witness the most heinous violation of the Arizona Constitution and the rule of law in state history. Governor Jan Brewer may issue a call for a Special Session this morning for the summary removal of one or more commissioners from the Arizona Independent Redistricting Commission, a quasi-legislative independent government body enacted by a citizens initiative of the voters of Arizona as a super-legislature, by a simple vote of the Tea-Publican Arizona Senate Star Chamber (a symbol of the misuse and abuse of power by the English monarchy).

The feckless political media in Arizona has been refering to this process as an "impeachment" over the past week. They are WRONG. Impeachment would afford the AIRC commissioners procedural due process under the Arizona Constitution for impeachment of state officers, A.R.S. §§ 38-311 to 38-322. The AIRC has been recognized by the Arizona Supreme Court as a quasi-legislative independent government body. The commissioners are entitled to procedural due process — a trial by a court of impeachment in the Senate with an opportunity to present evidence and witnesses, and to challenge evidence and cross-examine witnesses against them.

As I have previously posted, Lame-Duck Governor Brewer Threatens the AIRC: Give her a Piece of Your Mind:

Jan Brewer's injudicious demand letter to the AIRC raises constitutional issues of separation of powers. This is a matter now properly before a court of competent jurisdiction where the rights of litigants can be decided upon the weight of the evidence and the rule of law. Brewer is attempting an end-run around this legal proceeding by intruding upon the power vested in the judiciary branch.

Brewer wrote in her letter that “The IRC has violated constitutional requirements,” announcing her predetermined verdict without consideration of any evidence or an opportunity for the accused to be heard and to confront their accusers.

The American legal principle of "innocent until proven guilty in a court of law" is cast aside by a Governor sitting as prosecutor, judge and jury deciding guilt by executive fiat. This is a gross abuse of power.

The Commission's legal counsel, Mary O'Grady, drove home these points in in her letter to the governor on Monday. AIRC Update: Commissioners respond to Brewer, Tea-Publican tyranny threatens Special Session on Tuesday:

O’Grady said Brewer overstepped her constitutional authority by attempting to resolve questions that are currently being investigated in the court system. Brewer accused commissioners of violating state open meeting laws during the hiring of the IRC’s mapping consultant, which is the basis of an investigation initiated by Attorney General Tom Horne.

“A court, not the governor, should determine in the first instance whether the commission has violated constitutional open meeting requirements,” said O’Grady, a former Arizona solicitor general. “Until a court resolves the pending constitutional issue regarding open meeting requirements and determines that a violation of the open meeting law has occurred, you have no basis for even considering the removal of any commissioners for open meeting violations.”

* * *

O’Grady once again accused Brewer of intruding on the court’s judicial review function. The accusation that commissioners did not properly use constitutional criteria are unfounded, she said.

“The Constitution’s removal provisions for serious misconduct and gross neglect do not give the governor any authority to review the maps to determine whether she believes they satisfy constitutional requirements,” O’Grady said. “The draft maps are not final and the commission will take all public input into consideration when making its adjustments in order to create final maps.”

This gross misconduct (abuse of power) and malfeasance in office by the Governor, her Attorney General, and members of the Arizona legislature hellbent on removing AIRC commissioners in violation of the Arizona Constitution and the rule of law should result in THEIR removal from office by impeachment or recall. But this is not how this travesty of justice is reported.

Instead, their gross misconduct (abuse of power) and malfeasance in office is turned on its head in classic 1984 "doublespeak." Brewer may call special session to cull redistricting commission:

Brewer press aide Matthew Benson downplayed the warnings, saying his boss does not have to wait for a court's determination that someone broke the law before seeking their ouster.

"The constitution specifically prescribes to the governor an oversight role," he said. "That is the authority that she has invoked."

Senate Majority Leader Andy Biggs, R-Gilbert, said what a judge considers "gross misconduct" is irrelevant to whether they can remove a commissioner.

"There's no case law on it, so it's defined by the Legislature," said Biggs, an attorney. "Gross misconduct is essentially what the Legislature says gross misconduct is."

Senate President Russell Pearce agreed that the Legislature is not bound by any specific legal definition.

"It's kind of like when one of the (U.S.) Supreme Court judges said they may not be able to define pornography, 'but I know it when I see it,' " Pearce said.

Biggs, who is an atttorney, should know there is case law that defines misconduct in office and malfeasance in office, going back to old English common law. Every state has statutes that invoke this common law standard of conduct in office. There are legal precedents, including the Evan Mecham impeachment trial. You don't get to just make shit up.

What these comments reflect is the authoritarian nature of Tea-Publicans who profess "the law is whatever I say it is," something "King" Russell Pearce is wont to do. This is Tea-Publican tyranny.

Americans fought a revolutionary war against a tyrannical monarchy for these very same abuses of power. It is time for the citizens of Arizona to rise up and to fight for democracy against this Tea-Publican tyranny. We are still a nation governed by the rule of law.

Howard Fischer's report indicates that the Commission's attorney, Mary O'Grady, all but vowed to sue to block the ouster if Brewer tries.

Steve Muratore reports that Sen. Steve Gallardo (D-West Phoenix) sent a letter asking the US Department of Justice to intervene because the threatened actions by the governor and state senate threaten protection of voters covered by the Voting Rights Act. The Arizona Eagletarian: Redistricting — the governor did NOT call for a special session. UPDATED 11:25pm MST.

Intervention by the U.S. Department of Justice may be the only thing that stands in the way of this Tea-Publican tyranny.

UPDATE: The Arizona Capotol Times (subscription required) reports that Governor Brewer will not call a Special Session on Tuesday, but Brewer spokesman Matthew Benson said the governor hasn’t ruled out a special session, but wouldn’t say if or when she would issue the call. "She hasn’t decided on anything yet. We haven’t announced anything yet,” Benson said. “She has many options at her disposal.” Brewer will not call special session for Tuesday - Arizona Capitol Times.

Brewer is in New York City today hawking the release of her book "Scorpions for Breakfast." Like her gal pal Sarah Palin, she has her priorities — making money.

The Arizona legislature will be in session today to pass a resolution proposed by the Tea-Publican Committee to Interfere With the AIRC. Expect it to pass on a party-line vote with not one Republican having the courage to stand up and defend the rule of law.