On Monday March 1, 2010 Maryland Attorney General Douglas F. Gansler declared in a letter written to House Speaker Michael E. Busch, that the Attorney General may only be removed by a court proceeding for the specified grounds, not by impeachment by the legislature.

 While it is true that during the impeachment process, the removal comes as result of a court procedure, in all impeachments the Senate or High House becomes the court of jurisdiction.  This is evidenced in the many historical records of impeachment proceedings.

This letter was reportedly presented to Democrat members of the General Assembly with the understanding that that Maryland Attorney General cannot be impeached.  This is simply ludicrous given that according to Article 3 Section 26 of the Maryland Constitution states;

“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”.

This opinion letter comes on the heels of an announcement on February 24, 2010 that I would impeach Attorney General Gansler for violating his Oath of office and usurping the legislative authority of the General Assembly by recognizing out of state same sex marriages in Maryland.

I am  not surprised to see that Attorney General Gansler opposes his own impeachment. What is surprising is that Dan Friedman (Council to the General Assembly) who wrote the letter, refers to the book, Dan Friedman, The Maryland State Constitution: A Reference Guide as the basis for his opinion that the Attorney General may not be impeached or removed by the legislature.

click here to read Dan Friedman’s letter