If all else fails, what about pursuing malfeasance in office TO IMPEACH THE GOVERNOR?

[Samantha]

This term has been popping up in my brain all week, and I wanted to research the legal definition. Unfortunately, I did not have the time to do so, but quickly did some quick reading on the net. Take a look at this definition at this link:

http://definitions.uslegal.com/m/malfeasance-in-office/

"Malfeasance in office refers to an unlawful act carried out while acting under one's official capacity. Malfeasance in office affects the performance of a person's official duty. It is also known as official misconduct. An act of malfeasance in office can cause the removal of an elected official by statute or recall election."

Look specifically at that last sentence. Removal of a public official for malfeasance in office can be by statute or recall .

So then I looked for specific references to a legal definition in Wisconsin. I found the following document (admittedly, I am not familiar with this website).

http://www.cga.ct.gov/2004/rpt/2004-R-0146.htm

Reading down the first chart, it appears that the constitutional grounds for impeachment referencing the State of Wisconsin's legal definition for malfeasance includes: corrupt conduct in office; crimes or misdemeanors.

Malfeasance in office seems from a quick scanning of cases to be a preferred method of going after a corrupt person since the legal definition can be so amorphous.

Additionally (and unfortunately) I spotted something else which appears to be legally unfortunate for the Wisconsin Democrats. If you are a member of this forum and have specific knowledge of Constitutional law and would like to dive into this subject, please private message me and we can discuss. I do not want to post this information publicly as it appears to work to the advantage of the Republicans.

I am presenting this brief info to you not as the solution to the problem but as food for thought. If you have any specific thoughts on this subject, impeaching a public official for malfeasance in office, please share it.

Sam

Note: edited subject of thread for clarity purposes

[Jackpine Radical]

1. An impeachment movement is underway.

It just sprang up on Facebook, & was immediately overwhelmed with hits.

[Samantha]

2. Thanks for the info, but I was hoping to cherrypick the expertise

we might find here on DU.

But additionally, The Ed Show just came on and a hot and heavy conversation is to follow soon with the Wisconsin 14.

Sam

[Jackpine Radical]

3. Sorry. I didn't read your post carefully.

[Samantha]

4. You know we have some very smart people here

and I was sincerely hoping someone would post some erudite legal thought on the subject. I just heard one of the WI 14 say the only legal recourse was through the ballot box. I just don't think that is true, but I have no expertise on this subject. Thanks again.

Sam

[Jackpine Radical]

5. What I can tell you about recall is this:

The official has to be in office at least 1 year before recall can happen. 8 R Senators are thus vulnerable, having been elected in 2008. Recall movements are in full swing across WI for all 8. Organizing meetings in all relevant districts have been scheduled. Walker cannot be recalled for 1 year. Therefore the only recourse is not the ballot. I'm not sure if there is an impeachment provision separate from recall.

[Samantha]

6. That is exactly my question - can the GOVERNOR be impeached

Looks to me from my brief readings this evening, that would be the thing to look at due to the time limitations on recalling him.

Sam

[Jackpine Radical]

12. The answer is apparently Yes.

But it is highly unlikely, since it requires an action by the Assembly, which of course is majority R.

From Wikipedia

Removal
The governor may be removed from office through an impeachment trial<6> or through a recall election.<7> An impeachment trial is carried out by the Wisconsin State Assembly, if a majority of its members agree to the impeachment. A governor may also choose to resign from office. Four governors have resigned for various reasons, and none have been removed from office through impeachment, although Arthur MacArthur, Sr., who, as lieutenant governor, became governor upon the resignation of William Barstow, was removed after the Wisconsin Supreme Court ruled that Barstow's opponent in the election, Coles Bashford was the election's legitimate winner.<8>

[Samantha]

13. Yes, I read that provision

but I am thinking as the recalls progress and some of the Republicans see their seats in jeopardy, some could see their way clear to vote to impeach him to save their own seat.

Additionally, a man like Walker who has done some publicly contemptible acts in all probability has some not so obvious additional acts which probably could be proven to be more serious.

The first rule of politics when subjects such as this come up, it is either you or me, even a politician's party will turn against him if that is what it takes to save their own political hide.

At the very least, he violated his oath of office if it can be proven he did not defend the constitution of the State of Wisconsin, but deliberately broke it. Simple is better. Just a thought. Still waiting on some experts.

Thank you for participating on this thread.

Sam

[FBaggins]

15. Those in the assembly wouldn't face recall any faster than the Gov.

If the anger of the voting public is enough to sway them, then all they need to do it NOT pass the bill when it comes to them tomorrow.

[Jackpine Radical]

17. They're not that smart.

They're all on some kind of ego-high, riding on a false sense of invincibility. I think they're all out of touch with reality.

[EnlightenedOne]

14. THAT'S WHAT I'M TALKING ABOUT!!

The people can't wait a year.

[HEyHEY]

7. Violence. They've stolen democracy.

[Samantha]

9. Wouldn't you think LYING and DECEIVING the public and opposing

legislators would fall within the definition of misdemeanors? He was not negotiating in good faith. And then there are the other issues such as questions regarding the legality of things he said in the call with the person he thought was David Koch....

[HEyHEY]

11. Its done, the system means nothing anymore, The only way now is force

[Jackpine Radical]

18. Nonsense.

A Canuckistani advocating violence? Tsk!

[HEyHEY]

19. they try this in my town I'll fly home and start throwing rocks.

[upi402]

8. Thanks samantha

I'm so proud to be an American right now and especially of our Democrats in WI!
:patriot:

[Samantha]

10. Everyone is talking recall

Do you have any thoughts about the impeachment question?

And thank you for your response. I was hoping we could get an intelligent discussion here on that issue, but there are just so many threads tonight on this event.

Sam

[upi402]

16. "Corrupt conduct in office" WI grounds for impeachment

I like that link -good find. I wish I was capable of giving a thoughtful reply.

You know, a case could be brought, at least. I don't know how it would work... do they need to 'show cause'? To me, the dirty Gov is corrupt by way of fraud - but the 18 Republicans are flat in violation of law.

WI Rep. Barca will call them out if it's possible.