Articles of Impeachment Filed Against Governor Whitmer

 by: Joe Terrell
 
Earlier this week, I posted an article indicating that a growing coalition of Michigan State Legislators were considering taking impeachment action against Governor Gretchen Whitmer (D-MI).  

Today, three members of the Legislature made good on that idea and filed formal articles of Impeachment under Article XI, Section 7 of the Michigan Constitution.  The MI Constitution provides that civil officers can be impeached for "corrupt conduct in office."  Should the Impeachment pass the Michigan House, there would need to be a trial in the MI Senate on whether to remove the Governor from office.

The formal filing, the Articles of Impeachment state, in part...

"Whereas, in responding to the COVID-19 pandemic, Gretchen E. Whitmer has acted in conflict with her constitutional duties as Governor. She has exceeded her constitutional authority, violated the constitutional rights of the people of Michigan, issued orders that are not in the best interests of the people of this state, and used the Pandemic as an opportunity to reward political allies. These actions are a matter of public record, primarily in the form of executive orders and the enforcement thereof; now, therefore, be it resolved by the House of Representatives, that Gretchen E. Whitmer, Governor of the state of Michigan, is impeached for corrupt conduct in office and for crimes and misdemeanors."

Further outlined in the Articles of Impeachment are specific actions of "corrupt conduct" which could lead to Impeachment and possible removal from office.  Among the charges are...

•     banning non-essential medical procedures
•     permitting public bodies to meet electronically
•     permitting public bodies to delay fulfilment of public records requests
•     closing businesses
•     requiring residents to stay in their homes
  

In taking thise unilateral, draconian actions the Governor may have violated several laws including but not limited to...

•     Constitution of the United States
•     Constituion of the State of Michigan
•     Revised Judicature Act
•     Open Meetings Act
•     Freedom of Information Act
  

State law does grant the Governor emergency powers designed to allow the executive to respont to an emergent crisis.  However, those powers are specifically limited and must be carried out in a manner that is consistent with the seperation of powers mandated in the MI Constitution.  The emergency powers do not grant the Governor the power to make or ammend law.

We should also take reminder that in early October, the Michigan Supreme Court informed the Governor that her actions were unconsitutional and that her emergency powers ended on April 30th.  After April 30, the power to take action fell solely to the state's legislature.  Governor Whitmer openly defied the order of the MI Supreme Court stating that she would find "alternate authority" to continue her same actions.

After the MI Supreme Court's ruling and, subsequent, denial of the Governor's motion to stay their order, new executive orders were issued on October 29th and November 15th.  In a defiant effort to circumvent the court's order, Gov. Whitmer had these new orders issued by the MI Dept. of Health and Human Services (MDHHS).

It remains to be determined how much traction the Articles of Impeachment will get in the MI House.  The Speaker of the House Lee Chatfield is, presently, against the proceedings.  Chatfield stated, "Republicans are not the party of people who impeach just because they disagree with someone."

As a life-long Republican I do agree with the sentiment expressed by Speaker Chatfield.  Republicans do not use impeachment as a political weapon.  In this case, however, the arguement for impeachment against Gov. Whitmer is, most certainly, not an agreument based on policy.  This is a matter of law.  

Gov. Whitmer has overstepped her legal authority, violated the law, ignored court orders, violated the rights of all Michiganders, and commited other corrupt acts while serving as te chief executive of the State.  For these reasons she must be both impeached and removed from office.