Legislator plans to file impeachment articles against Bentley

A north Alabama representative plans to file articles of impeachment against Gov. Robert Bentley.

But it’s unclear – both politically and constitutionally – how far the proposal can go. Leadership in both chambers have declined to comment on the problems engulfing the governor, and the state Constitution leaves questions about the impeachment process unanswered.

Rep. Ed Henry, R-Hartselle, said Wednesday evening he planned to file articles of impeachment against the governor, citing accusations that Bentley had an affair with a staffer -- which the governor denies -- and a sense that Bentley "cannot be trusted, cannot be believed."

"My position is that he has continually, since getting re-elected in the second term, lied to the people of Alabama, lied to the Legislature time and time again, and as such, is unfit to hold the office," Henry said in a phone interview.

Bentley’s office did not respond to an email seeking comment on Henry's move Wednesday afternoon. Both House Speaker Mike Hubbard, R-Auburn and Senate President Pro Tem Del Marsh, R-Anniston have avoided comment on the governor.

“Speaker Hubbard has not seen the articles of impeachment or the charges they contain and has no comment at this time,” Rachel Adams, a spokeswoman for Hubbard, said in a statement Wednesday afternoon.

Former Alabama Law Enforcement Agency Secretary Spencer Collier last week accused Bentley and adviser Rebekah Caldwell Mason of having an affair. Collier also accused Bentley of using state resources to conduct it though he said he had no proof. Audio of Bentley making suggestive remarks on a phone call has surfaced, and Bentley last week admitted to making “inappropriate remarks” to Mason and said he had apologized to his family and to Mason’s over it. But Bentley and Mason denied having a physical affair and Bentley has denied misusing state resources.

Mason resigned from her role as political adviser to Bentley Wednesday. Despite some calls from state legislators for the governor to leave office, Bentley says he has no plans to step down.

The Alabama Constitution places impeachment powers in the House of Representatives. Grounds for impeaching a constitutional officer are broad, and include “willful neglect of duty, corruption in office, incompetency, intemperance in the use of intoxicating liquors or narcotics . . . as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude.”

The document is less clear on the impeachment process. The Constitution says the Senate may try an official on “articles or charges preferred by the House of Representatives” but does not provide a margin for conviction. It also allows a majority of the House membership to convene a session to “consider” impeachment of an official if the Legislature is not in session. The House appears tasked with determining its own method of impeaching an official.

"To me the House is nothing but a grand jury who would determine whether there are grounds for impeachment," Henry said. "Is there any expectation of a case that he’s guilty of moral turpitude, that he’s incapable of fulfilling his office, that he’s incompetent, we would lay that out and say yes, we believe articles of impeachment should move forward."

The process may become an issue. Henry, for instance, said he did not expect the articles to go to a committee, saying he would present a resolution and that the Constitution did not specify that impeachment articles go to any committee.

“If it’s something they want to do, I think there would be some legal issues they have to address, but that’s something they would have find out,” said Rep. John Knight, D-Montgomery.

Knight said he would “not participate in any political thing with impeachment” and said he wanted to see ongoing investigations play out.

“I don’t think it ought to be a political issue,” he said. “It ought to be strictly based on what the law is, and whether he’s done anything criminal and warranting impeachment.”

Rep. Reed Ingram, R-Montgomery, said he would prefer to avoid the impeachment process.

“I think that he ought to be praying about what he ought to do,” he said. “In my opinion, he needs to man up and resign.”

Henry said he expects to file the impeachment articles no later than Thursday.

In November, Alabama voters will consider a revision of the Constitution’s impeachment article. The new article will state that a two-thirds vote of the Senate is required to convict an impeached official.