Lame-Duck Governor Brewer Threatens the AIRC: Give her a Piece of Your Mind

Posted by AzBlueMeanie:

Our lame-duck Tea-Publican Governor often gets credit from our feckless political media for being the "adult in the room," i.e., less crazy than the Tea-Publican members of the Arizona legislature, simply because she vetoed a few of their bills this past session. That's setting the bar pretty low.

Apparently these media villagers do not recall Jan Brewer from her days in the Arizona legislature when she was always good for a crazy quote in one of their reports.

Well, any notion that Jan Brewer is the "adult in the room" should be forever banned from political reporting after Wednesday. Our lame-duck Governor went the full Tea-Party paranoid by threatening the "independence" of the Arizona Independent Redistricting Commission.

It was only yesterday that I posted 'Paranoia strikes deep' at the Tea-Publican Committee to Interfere With The AIRC:

Tea-Publican paranoia strikes deep out of fear the Arizona Independent Redistricting Commission might create competitive districts or — God forbid, districts in which Democrats stand a chance of being elected – and deny Tea-Publicans a "permanent Republican majority" in Arizona. "We have a divine right to rule!" Democrats realistically point out that the draft maps of the AIRC are far from being competitive and do in fact preserve the Republican majority that has existed in Arizona since 1966.

Now our lame-duck Governor wants to compete for the title of most paranoid Tea-Publican. Brewer to redistricting panel members: I want answers:

Gov. Jan Brewer on Wednesday turned up the heat on the Arizona Independent Redistricting Commission, giving the five commissioners a Monday deadline to respond to allegations of "substantial neglect of duty and gross misconduct in office."

Failure to do so, she said, would lead her to conclude the commissioners are guilty of the allegations. But answers would help her determine whether she should initiate proceedings to remove one or more of the commissioners, something the Arizona Constitution empowers her to do.

Brewer's letters can be found here (to AIRC chair Mathis) and here (to each of the five commissioners).

Let's break this down. First, Brewer is reciting the "magic words" of the state constitutional provision which would permit her to call a special session to seek the removal of one or more commssioners. Article 4 Part 2 Section 1, Paragraph 10:

(10) After having been served written notice and provided with an opportunity for a response, a member of the independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.

Brewer's assertion that a failure to respond will be taken as an admission of guilt is an affront to the American system of justice in which an accused is "presumed innocent until proven guilty in a court of law," NOT by executive fiat from a governor who is abusing the powers of her office. This is Tea-Publican tyranny.

Brewer's demand letter comes on top of a lawsuit filed by Attorney General Tom Horne to obtain the sworn testimony of commissioners in his witch hunt for possible violations of the state's Open Meeting Law, and a counterclaim filed by the AIRC asserting Horne's investigation of the commission is unconstitutional. Redistricting Commission Asks Court to Rule on Independence of Commission. Maricopa County Judge Dean Fink has set a Nov. 7 hearing on Horne's request to have the court force three of the five commissioners to testify in his investigation into alleged Open Meeting Law violations.

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. This is Tea-Publican tyranny.

Democrats were alarmed at the governor's autocratic action, with state Democratic Party Chairman Andrei Cherny stating:

"Governor Brewer is drunk with power. She is moving toward impeachment of citizens on the Arizona Independent Redistricting Commission simply because these volunteers have fulfilled their duty to draw fair and competitive districts. Such a brazen power grab would rival any in Arizona history, and it proves that the only thing Brewer and the Republicans will be satisfied with are maps that guarantee total GOP control despite an electorate divided roughly into thirds. If this goes forward, the voices of mainstream Arizonans will be silenced for the next decade. All independents, Democrats and honorable Republicans who believe in the rule of law should step forward to denounce this action."

Senate Minority Leader David Shapira stated:

“This is another instance in the ongoing and orchestrated campaign by Republicans to threaten and intimidate the Independent Redistricting Commission and undermine the will of Arizona voters,” said Schapira.

“The Attorney General, the Republican Legislature and now the Governor are abusing their public offices for partisan gain. The voters told them to butt out, but they won’t take no for an answer.”

House Minority Leader Chad Campbell stated:

"Like all Arizonans I am sick of the partisan politics and gridlock hurting our state, and now Republicans have begun to launch attacks on voters by trying to sabotage an independent redistricting process with their partisan politics. The entire point of having an independent redistricting commission is to keep politicians' hands out of a fair process for voters in Arizona. But today, and just about weekly, we have seen Republicans sticking their hands where they don't belong," said Campbell.

"Arizona voters don't need to be told what to do by politicians – it should be the other way around – and it is time for fair, competitive districts so we can move forward with a government that works for the people and brings jobs and a stronger economy to Arizona."

Steve Muratore has AIRC Executive Director Ray Bladine's response. The Arizona Eagletarian: Redistricting – Brewer threatens AIRC, takes tea party bait UPDATED:

Below is a statement from Ray Bladine, executive director of the Arizona Independent Redistricting Commission, regarding letters received today from the governor:

“Today, Arizona’s Independent Redistricting Commission received two letters from the governor’s office.

“The first letter provided comments on the draft congressional map. The commissioners will consider the comments, just as they will any input the governor may submit regarding the draft legislative map.

“The second letter made serious allegations against all five commissioners. The commission’s legal counsel will respond to those allegations. Hopefully, that will resolve the matter, because continuing down this precarious path could end up sticking the taxpayers with substantial legal expenses.

“The commission has worked hard to incorporate all six constitutional criteria and certainly is interested in improving upon the draft maps. That’s why it is holding three weeks of public hearings around the state – to find out how Arizonans think the maps can be refined.

“The commission will continue to move toward adopting final congressional and legislative district maps that can, and will, be approved by the federal Justice Department. This will be done in full view of the public, as was intended by the citizens who in 2000 passed Proposition 106 to create Arizona’s independent redistricting process.”

Stuart J. Robinson
Public Information Officer
Arizona Independent Redistricting Commission

The Governor's demand letter represents an apparent change of heart for Brewer, who told Arizona Capitol Times on Oct. 20 that she had no indication that there would be a special session. She indicated that she would wait until after the IRC’s 30-day public comment period ends on Nov. 5, and expressed hope that the commission would make changes that would make a special session unnecessary. Brewer takes first step in removal of redistricting commissioners - Arizona Capitol Times.

So where are we possibly headed?

If Brewer initiates the removal process, it is unknown whether she and the Senate would focus only on Mathis, an independent, or expand it to include the commission’s two Democrats and two Republicans.

If Mathis were ousted, Democratic Commissioners Jose Herrera and Linda McNulty and Republican Commissioners Scott Freeman and Richard Stertz would choose a new chair from a pool of three candidates selected by the Commission on Appellate Court Appointments.

* * *

It is unknown whether the new members of the IRC would have enough time to complete the redistricting process if one or more commissioners were removed. The U.S. Department of Justice has 60 to 90 days to approve or reject Arizona’s proposed maps, and candidates for elected office will need time to collect signatures and organize their campaigns before the May 30 filing deadline.

If the process were not finished in time, a lawsuit could force a panel of three federal judges to draw the maps themselves, as happened in 1992 with Arizona’s congressional districts.

Oh, ther'es going to be a lawsuit, lady. You just guaranteed it. The Department of Justice is going to want to investigate this brazen intimidation of the constitutionally appointed AIRC by Tea-Publican elected officials, their "soft money" redistricting group FAIR Trust and its lawyers/lobbyists, and organized Tea-Publican intimidation of the AIRC, including the Tea-Publican Legislative Committee on Interfering With The AIRC holding its dog-and-pony show hearings this week. You have just invited the biggest voting rights case in recent memory that will expose the entire Republican Party establishment in Arizona to litigation discovery.

I urge readers to contact the Governor and let her know how you feel about her disregard for the will of the voters in establishing an INDEPENDENT Redistricting Commission, her disregard for the constitutional rights of the accused and due process, her disregard for the rule of law and justice, her disregard for separation of powers and her authoritarianism, and her willing participation in this coordinated intimidation of the AIRC by Tea-Publicans for purely partisan political reasons.

The Honorable Janice K. Brewer
Arizona Governor
Executive Tower
1700 West Washington Street
Phoenix, AZ 85007

Telephone, Fax:

Phoenix Office: (602) 542-4331
Tucson Office: (520) 628-6580
Fax Number: (602) 542-1381

In-State Toll Free 1-800-253-0883 (outside Maricopa County only)

E-mail form: Contact the Governor