MD Attorney General Claims... "I Cannot Be Impeached!"






MD Attorney General Claims... "I Cannot Be Impeached!" By Devvy 3-9-10 I received a phone call today from Rep. Don Dwyer,[1] who serves in the Maryland House of Delegates (Legislature). Don is drafting the necessary charges to impeach Maryland's Attorney General, Douglas Gansler. However, House Speaker, Michael Busch, has threatened to have Don forcibly removed from the floor! Earlier, Don sent me email: "Hi Devvy. Our attorney general has declared himself unimpeachable as I prepare to bring charges against him. The House Speaker has declared that he will rule me out of order and have me removed. We are set for a show down." What on earth could cause such a reaction? It goes back to 2004 when the sexual deviant crowd filed a lawsuit over same-sex "marriage". The State of Maryland does not recognize marriage between two men, two women or any multiples thereof. The sexual deviants in Maryland want that changed. Up steps the American Communist Lawyers Union [2] (ACLU) and Deane & Polyak v. Conaway got underway. On December 4, 2006, the Maryland Court of Appeals, the state's highest court, took oral arguments. On September 18, 2007, their high court ruled the legal ban on same-sex "marriage" would remain in place. The court ruled that same-sex "marriage" is not a fundamental right. Needless to say, the sexual deviant crowd wasn't happy and have been trying to get that legislature to pass a law recognizing some cooked up "right" to get married because there is no more appeal avenues available. Several legislators then began trying to get an amendment to their state constitution passed that would once and for all prohibit such "marriages". On February 245, 2010, Attorney General Douglas Gansler, a Democrat, issued his opinion [3] that same-sex "marriages" performed in other states could be considered valid in Maryland: "The answer to that question, wrote Attorney General Douglas Gansler, in an opinion dated February 23 and released February 24, "is clearly yes,. "And the answer ricocheted around the state quickly, drawing both praise and promises of undoing. Gay civil rights groups were understandably happy and right-wing entities, such as the Catholic Church, were predictably unhappy with the opinion. And one delegate in the state House suggested the attorney general should be impeached. "But importantly, Gov. Martin O,Malley (D), choosing his words carefully, said the state would be "guided by the "thorough analysis and legal advice. "I expect all State agencies to work with the Attorney General's office to ensure compliance with the law, he said. "Gansler's 55-page memorandum is addressed to openly gay State Senator Richard Madaleno, who requested an opinion last May as to whether Maryland could recognize same-sex marriages licensed elsewhere. Madaleno also asked whether the governor could issue an executive order -- similar to that issued by New York Governor David Paterson in 2008 -- that directed state agencies to recognize same-sex marriages licensed elsewhere. "Gansler noted, however, that Paterson's executive order had been based on a state court order and no such court decision had been rendered in Maryland, so O,Malley was not at liberty to issue a similar directive. "In fact, Gansler took considerable pains to make clear that even his memorandum was not such a directive. "The memo "is not itself the law of Maryland in the same sense as a statute or court decision, said Gansler. "Rather it is an interpretation of the statutory or common law that can guide a client agency and may be persuasive to a court reviewing agency action based on the opinion. "Thus, what we say in this opinion is a prediction, not a prescription, as to the how the [state] Court would approach this issue under current law. "And, in his opinion, the state court would "likely respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction. The people of the State of New York might find it just fine and dandy that their governor can simply become King and decree by executive order to recognize same-sex "marriage" from other states, but that doesn't mean any sovereign state of the Union has to swallow such arrogance from their governor. Massachusetts, Connecticut, Iowa, Vermont, Maine and New Hampshire recognize sexual deviant "marriage". New York is not one of them, yet Paterson is forcing state agencies to recognize them from other states? This reminds me of another Attorney General, former moon beam flower child, Jerry Brown (D-CA). In November 2008, the voters of California passed a ballot proposition in the form of a constitutional amendment, Prop 8, the California Marriage Protection Act. It added a new section to the California State Constitution which reads: 'Only marriage between a man and a woman is valid or recognized in California'. Very precise, plain language. The people spoke via the ballot box. Of course, the savage attacks by the sexual deviant crowd against anyone who supported Prop 8 increased and along comes another lawsuit to overturn the vote of the people. Brown, the top law enforcement officer in the state vomits, "As California's Attorney General, I believe the Court should strike down Proposition 8 for remarkably similar reasons -- because it unconstitutionally discriminates against same-sex couples and deprives them of the fundamental right to marry." There's that "fundamental right" hogwash again. It will be interesting to see if Brown, who is required to defend state laws, meaning Prop 8., will refuse to do so. Brown is running for governor of California this November. All those deep pockets in Hollywood who support sodomy. I'll bet Mr. Moon Beam can hear the cha-ching, cha-ching already. Now, one would think Maryland's State Attorney General would understand the high court's ruling: Maryland does not recognize same-sex "marriage" as legal. Is the AG saying it's okay, just go get "married" in Vermont, Massachusetts or Connecticut, then come back and the State of Maryland will recognize that which we ban? That's how I see it. Remember: Gansler's 55-page memorandum specifically says recognizing same-sex "marriages" licensed elsewhere. He doesn't say anything about residency. Rep. Dwyer feels strongly that Gansler should be impeached: Maryland State Constitution: Art. 5, Sec. 1. [4] There shall be an Attorney-General elected by the qualified voters of the State, on general ticket, on the Tuesday next after the first Monday in the month of November, nineteen hundred and fifty-eight, and on the same day, in every fourth year thereafter, who shall hold his office for four years from the time of his election and qualification, and until his successor is elected and qualified, and shall be re-eligible thereto, and shall be subject to removal for incompetency, willful neglect of duty or misdemeanor in office, on conviction in a Court of Law (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956). And: Art. III, Sec. 26. SEC. 26. [5] The House of Delegates shall have the sole power of impeachment in all cases; but a majority of all the members elected must concur in the impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be on oath, or affirmation, to do justice according to the law and evidence; but no person shall be convicted without the concurrence of two-thirds of all the Senators elected. Don is an elected member of the House of Delegates. He has the right to bring forth a charge of impeachment even if the Attorney General thinks he is somehow above the law. It doesn't guarantee the process will move forward, but to have House Speaker, Michael Busch, [6] a Democrat, threaten an elected representative of the people with physical ejection should send chills. Don told me on the phone he is not going to back down; this could turn into a constitutional crisis in their legislature. It could also have serious ramifications across this country: If a powerful member of a state legislature doesn't want a member to seek a remedy against another elected official permissible under their state constitution - arrest him! Don would like to go on Glenn Beck and/or Bill O'Reilly to explain his position and why this is such a serious situation. I have sent both FOX anchors email requesting they contact Don. [7] I hope you can do the same so the rest of the country can see the dirty politics being played out. If you do contact either one (me@glennbeck.com) (oreilly@foxnews.com), I hope you will keep it simple: Does a House Speaker in a legislature have the right to threaten physical removal of a colleague simply because that person is exercising his/her right to bring charges of impeachment under their State Constitution? Regardless of your opinion on same-sex "marriage," this is a serious matter. [Note: My new columns are posted regularly on my web site.[8] You can also sign up for my free email alerts. What I can't get done in a column, I use the email alert system.] Footnotes: [1] Don Dwyer - http://www.msa.md.gov/msa/mdmanual/06hse/html/msa13998.html [2] ACLU - http://www.wnd.com/news/article.asp?ARTICLE_ID=41751 [3] Gansler's Opinion - http://www.metroweekly.com/news/?ak=4921 [4] Maryland State Constitution: http://www.msa.md.gov/msa/mdmanual/43const/html/05art5.html [5] Same: http://www.msa.md.gov/msa/mdmanual/43const/html/03art3.html [6] Speaker Busch: http://www.msa.md.gov/msa/mdmanual/06hse/html/msa12196.html [7] Don Dwyer - http://www.msa.md.gov/msa/mdmanual/06hse/html/msa13998.html [8] Devvy's site: http://www.devvy.com/