Impeachment? Not Likely

It's the age old story.

Top Republican politician goes on conservative bomb-thrower Steve Deace's radio program. Deace asks the politician whether he'd support something jaw-dropping. Politician says, uh, well, he's willing to take a look at it.

Then Deace sits back and watches the fun hit the fan. From the Iowa Independent:

If the people of Iowa demand that the remaining four justices on the state Supreme Court be impeached, Speaker-elect Kraig Paulsen (R-Hiawatha) said Wednesday he would not stand in the way.Last month, Iowans voted to oust three state Supreme Court justices who were up for a retention vote due to the 2009 ruling that legalized same-sex marriage. The other four justices were not on the ballot.During an interview with Christian radio host Steve Deace, Paulsensaid the lesson of the judicial retention election is that Iowans want a voice in the definition of marriage, and also that they expect the legislature “to live up to its constitutional responsibility and ensure we're not rolling over any time the courts want to boss us around.” But just because Iowans decided to remove the judges doesn't necessarily mean they want the legislature to step in and remove the rest.“But maybe they do,” Paulsen said. “I don't know. We'll have to see.”Ultimately, it's up to the people, Paulsen said.

Last month, Iowans voted to oust three state Supreme Court justices who were up for a retention vote due to the 2009 ruling that legalized same-sex marriage. The other four justices were not on the ballot.

During an interview with Christian radio host Steve Deace, Paulsensaid the lesson of the judicial retention election is that Iowans want a voice in the definition of marriage, and also that they expect the legislature “to live up to its constitutional responsibility and ensure we're not rolling over any time the courts want to boss us around.” But just because Iowans decided to remove the judges doesn't necessarily mean they want the legislature to step in and remove the rest.

“But maybe they do,” Paulsen said. “I don't know. We'll have to see.”

Ultimately, it's up to the people, Paulsen said.

I talked with Paulsen this afternoon. He says judicial impeachment is not on the House's agenda, unless Iowans put it there.

"If Iowans get excited about it and start communicating that. It's no different than any other question before us," Paulsen said. "I don't have reservations about doing what Iowans want us to do."

But so far, Paulsen said only three people, including Deace, have mentioned the possibility of impeachment. And after news of his remarks circulated, he's had a bunch of calls/messages urging him resist the idea.

I asked him if he personally thinks impeachment is appropriate. "I think that (pause) That's not something I've personally looked into."

Here's the Impeachment section from the Iowa Constitution:

Officers subject to impeachment - judgment. SEC. 20. The governor, judges of the supreme and district courts, and other state officers, shall be liable to impeachment for any misdemeanor or malfeasance in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit, under this state; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanors and malfeasance in office, in such manner as the general assembly may provide.

For starters, this isn't going to happen, especially with the chances of an ultimate Senate conviction standing at slim/none. Maybe this is part of the effort to put pressure on Gronstal to allow a vote on a constitutional same-sex marriage ban. Who knows, but, frankly, my red hot outrage tank is nearly empty when it comes to these wacky wrinkles, which just keep coming. Nothing surprises anymore.

Still, I'm disappointed that Paulsen wouldn't simply shoot this down instead of wiggling around it to please Deace, et al. Paulsen is the new and powerful speaker of the Iowa House, with a gavel and everything, and should be able to tell some radio host that he's not going to shove aside his election-tested agenda for a long impeachment fiasco that won't, in the end, remove anybody.

Nobody who got elected to the House campaigned on impeachment, which Paulsen concedes. It's jobs, economy and smaller government etc. Focus. They'll pass an amendment resolution on marriage and move on. No surprises.

Also, impeachment is not just like any other issue. It's the most powerful weapon the legislative branch possesses. It's the nuclear option. You don't break the glass and pull it out unless there's a really, really compelling reason. This isn't it. And I think most reasonable lawmakers know that, even if they won't say it.

Once again, you have folks who profess undying love for the Constitution as written who won't hesitate to twist and contort its provisions when it suits them. Age old story.