Breaking the law isn't necessary to get impeached, regardless of what Bentley says

Alabama Governor Robert Bentley (Photo: Governor's Office, Daniel Sparkman) — Alabama Governor Robert Bentley (Photo: Governor’s Office, Daniel Sparkman)

At a ribbon cutting ceremony for Phase III of the Alabama Robotics Technology Park this morning, Governor Robert Bentley (R-AL) once again faced questions about the ongoing process to impeach him. “I have no plans to step down,” Bentley reiterated. “We have done nothing illegal.”

While the truth of the governor’s statement is yet to be determined, the governor misses the point entirely. Since the scandal broke, Bentley has defended himself by claiming he did not break the law and he has declared the process a mere political attack. “There are no grounds for impeachment,” He said after Rep. Ed Henry (R-Harselle) announced he would bring articles of impeachment against the governor. “I will vigorously defend myself and my administration from this political attack.”

To put it plainly, the suggestion that a governor must break the law to get impeached is completely inaccurate.

The Alabama Constitution states:

The governor…may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the senate sitting as a court of impeachment, under oath or affirmation, on articles or charges preferred by the house of representatives.

While many of the charges in the list above require suspicion of criminal activity, others do not. “Incompetency” and “offenses of moral turpitude” fall into the category of those that do not; they also happen to be two of the articles of impeachment brought against the governor.

The authors of the articles allege incompetency on the grounds that the governor has exercised “poor judgement” and made decisions “detrimental to the people of the state.” While the relationship with Mrs. Mason seems to be the impetus for this article, the Republican representatives – particularly Henry – insinuated that Bentley’s decision to push for tax hikes after running on a “No New Tax” platform also played a role. Furthermore, economic developers have also said several companies considering expanding their operations into Alabama have backed away in the wake of the governor’s growing scandal.

The Alabama Supreme Court defines “moral turpitude” as an act “immoral in and of itself, regardless of the fact that it is punishable by law…” The articles of impeachment also contend that Bentley’s admitted extramarital relationship with Mrs. Mason qualifies as such an act and renders him ineligible to continue serving as governor.

Rep. Henry and several others insisted, that the articles were brought because of the lack of competence, not the presence of criminality. “Waiting on a criminal investigation would be passing the buck,” Henry said.

Regardless of what turns up in the form of criminal activity, the members of the legislature do not need evidence of illegality remove the governor from his post. To insist otherwise is disingenuous.