Henry files new impeachment articles against Bentley

The leader of a drive to remove Gov. Robert Bentley from office filed new articles of impeachment Thursday, two days after the Alabama House of Representatives adopted rules that appeared to squelch his first attempt.

Rep. Ed Henry, R-Hartselle, said Thursday morning he had gathered 23 signatures on new articles of impeachment against the governor, two more than needed to trigger a House Judiciary Committee investigation, as required under the new rules.

"We believe there’s probable cause to investigate the corruption in office and his willful neglect to do his constitutional duties," Henry said a press conference Thursday morning. "This will initiate the investigatory committee in the House Judiciary we set up at the beginning of this week, and the process will start."

Bentley's office did not immediately respond to an email seeking comment Thursday.

Henry's new resolution accuses Bentley of "willful neglect of duty" and "corruption in office." The articles do not explicitly state the cause but refer to two Alabama Ethics Commission complaints against Bentley over allegations about his relationship with former political adviser Rebekah Caldwell Mason. Henry said the articles were "a little more refined" and "much briefer" than the original document filed on April 5.

That effort stemmed from accusations made by former Alabama Law Enforcement Agency Secretary Spencer Collier that Bentley had an affair with Mason; that he used state resources to pursue it and that Bentley and Mason tried to prevent Collier from cooperating with an investigation into House Speaker Mike Hubbard, R-Auburn.

Audio of Bentley making suggestive comments has surfaced, and Bentley has acknowledged making inappropriate comments to Mason. But both Mason and the governor deny having a physical affair, and Bentley said he did not misuse state resources. The governor has called Henry's efforts "political grandstanding" and says he will not resign.

Rep. Reed Ingram, R-Pike Road, said Bentley's refusal to step down led him to sign Henry's articles.

"(Bentley)'s a role model for kids in the state, he's a role model for the teachers and everybody who is working for the state," he said. "I think he ought to take the highest road he possibly could and he missed that opportunity."

Rep. David Standridge, R-Hayden, the chairman of the House Rural Caucus, called on Bentley to resign last month and signed the articles Thursday.

"We need to at least start the process and investigate it, and that’s the only process we have in the Legislature," he said.

Under the process adopted by the House Tuesday, a resolution with 21 signatures will trigger an investigation by the House Judiciary Committee, which will establish rules for investigation, and could meet out of session to address the articles. The committee, by a majority vote, could amend the articles. Should the committee refer articles to the House for consideration, three-fifths of the House -- 63 members -- will have to vote to bring the articles up for a vote by the full chamber. Passage of the articles themselves would only require a majority vote.

If the House impeached Bentley, he would have to leave office while his trial in the Senate took place. Lt. Gov. Kay Ivey would become acting governor. Bentley would resume his duties if he was acquitted.

House Judiciary Committee chairman Mike Jones, R-Andalusia, said Thursday afternoon he had not yet seen the articles of impeachment, but that he planned to establish a process for investigation. But Jones said he could not establish a timetable, saying he wanted to do research into how other states have handled impeachment.

"This is the first time it’s being done," Jones said. "In my opinion, it will be the precedent for the next century. I'd hate to get it wrong out of the gates."

The signature threshold provoked an exchange Tuesday between Henry and House Rules Committee chairman Mac McCutcheon, R-Huntsville, who brought the change to the floor. Henry said the proposal would "nullify" his existing articles. McCutcheon said more signatures would confer credibility on the proposal.

Henry said he believed the leadership's actions led more of his fellow legislators to sign the articles.

"The tide’s rising," he said. "The more the leadership of the House resists, the more it causes the body to rise up."

20 Republicans and three Democrats signed the articles of impeachment. The 21st signer was Rep. Johnny Mack Morrow, D-Red Bay, who has filed an ethics complaint against Mason. Morrow said Thursday he wanted "the governor to see I pushed it over."

Ingram said he believed the process would sort out the controversy.

"It’s time for us to look into anything that may have been done," he said. "It’s time to be transparent to the citizens of Alabama."