For the first time in Alabama history, the Yellowhammer State's governor will face the possibility of impeachment. Rep. Ed Henry, R-Hartselle, introduced the articles of impeachment against Gov. Robert Bentley on Tuesday, April 5.
"We've never done this before," Henry said. "We've never tried to impeach a governor. It's going to be a process, but the process starts today."
The last time the Legislature tried to impeach a constitutional officer in Alabama was in 1915 when the House held proceedings against the then-Secretary of State John Purifoy.
Henry said the articles of impeachment are a result of the governor's dishonest actions. According to Henry, Bentley has betrayed the state's trust.
"Actions and lies ... have caused us to have some doubt about his leadership," Henry said. "The only course the people of Alabama have to address this issue is through the impeachment process."
The Alabama Constitution does not provide a method for a recall election. According to Henry, the process of impeachment is the only way to remove the governor from office.
"Robert Bentley has said time and time again publicly how much he loves the people of Alabama," Henry said. "If he truly loves the people of this state, he'll step down, and he'll relieve us of this pressure and this burden that he's placed on us."
The Alabama House of Representatives will have to pass a resolution issuing the articles of impeachment, which will require a majority vote of all members of the chamber. The House will also get to choose the charges against the governor.
But first, Henry's resolution will have to make it through the Rules Committee, where resolutions are automatically sent. Henry said he hoped the Rules Committee would have the resolution on the floor for a up-or-down vote by next Tuesday.
Alternatively, Hubbard, serving as speaker, could recognize Henry during a session of the house. At such a point Henry could ask for the rules to be suspended and introduce the resolution to the floor himself. Suspending the rules would a require a 4/5 vote of the membership, though.
Alabama's small Democratic House delegation could play a pivotal roll for the first time in years, as Henry's resolution seems to have bipartisan support.
"I want to commend Rep. Ed Henry for taking the bold step of leadership in bringing forth these articles," said Craig Ford, D-Gadsden, and House minority leader. "This is not about Democrats and Republicans. This is about right and wrong. Nothing that the governor has said is true. This is about the allegations against him including that he obstructed justice within the Alabama State Law Enforcement Agency."
If the House voted to pass the resolution issuing articles of impeachment against the governor, the Senate would then serve — under the supervision of Alabama Supreme Court Chief Justice Roy Moore — as the court and jury.
Conceivably, a simple majority, super majority or unanimous vote of the Senate could be required by the Rules Committee to remove Bentley from office. The constitution describes no set process for impeachment once it reaches the Senate.
"There are no grounds for impeachment, and I will vigorously defend myself and my administration from this political attack," Bentley said in a press release on Tuesday. "Today’s press conference is nothing more than political grandstanding intended to grab headlines and take the focus away from the important issues the Legislature still has to address before the end of the session."
The Senate, if it votes to remove the governor from office, could not issue any criminal charges against Bentley due to limits imposed by the constitution.
Henry's resolution calling for the impeachment of the governor follows several eventful weeks for Bentley.
The revolution that Bentley engaged in an inappropriate sexual relationship with one of his top political aides, Rebekah Mason, surfaced after Bentley fired former Alabama Law Enforcement Agency Secretary Spencer Collier.
A recording of a sexually-charged phone call between Bentley and Mason partook surfaced the same day. Bentley has denied a physical affair but apologized last week for his "inappropriate remarks."
Mason is not a state employee, but she resigned March 30 from her position as Bentley's top political adviser, an unofficial position, and discontinued her involvement with the Alabama Council for Excellent Government, a 501(c)(4) political action "dark money" organization founded to support Bentley.
Mason's company, RCM Communications, has received more than $500,000 from Bentley's campaign since the summer of 2013, according to the state's financial reporting system.
In a press conference with several state and national news outlets, Collier also alleged, along with an affair, that Bentley fired him for refusing to follow an order that would have required Collier to subvert the attorney general's ethics investigation into Auburn Republican and Speaker Mike Hubbard.
Bentley is reportedly under investigation by the Alabama Ethics Commission, the Alabama attorney general's office and federal authorities for possible misuse of a state and campaign funds and his involvement in Hubbard's trial.
Bentley's possible impeachment and a criminal trial would occur separately, with neither having any bearing on the other.
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