Speaker Pete’s ‘Unavailable For Comment’ Watch: Day 6
It was a day much like any other day.
John Carney says his ‘hands are tied’ when it comes to doing anything about KMG:
On Tuesday, Governor John Carney weighed in on the conviction of State Auditor Kathy McGuiness on three misdemeanor charges while in office, stating there’s not much he can do about her maintaining her role, his hands are tied for now.
The Senate D leadership agrees, and says that they are prepared to act:
“At this juncture, we believe both the Constitution and the gravity of Auditor McGuiness’s crimes compel the General Assembly to make use of its own authority to remove her from office, whether via Article VI impeachment or Article III removal proceedings. Today, we want to make crystal clear our intentions to do exactly that for the Delawareans who are demanding accountability following the Auditor’s egregious breach of public trust.
Lydia York calls for KMG’s resignation, and explains why she’s running for Auditor:
On Friday, Delaware’s current Auditor of Accounts, Kathleen McGuiness, was found guilty of three public corruption crimes. Her criminal behavior has shaken our confidence in the office of Auditor of Accounts. The essential characteristic of our system of government is that officeholders will act in the interests of all the people and not for themselves at the expense of the people. Given the current Auditor’s indiscretions, she is no longer a public servant that Delawareans are confident in. Kathleen McGuiness should resign immediately.
I am running to restore the public’s trust in this important office. I have a degree in accounting from Florida Agricultural and Mechanical University, an MBA from Wharton School at the University of Pennsylvania, and two law degrees from Temple University Beasley School of Law. I am well qualified to make sure that taxpayer dollars are utilized appropriately. I will also restore integrity and professionalism to an office that has struggled with scandal in the last few years.
The people who wrote our state constitution had a particular vision about how the Auditor of Accounts office was supposed to work. Unfortunately, given the current Auditor’s legal troubles we have seen that the current Auditor is not fulfilling that vision. A well-functioning Auditor’s office is an independent check on the use of public funds. It is important that those dollars are independently reviewed to make sure they are spent in an efficient and effective manner. Our taxpayer dollars should be used to promote opportunity and innovation for the citizens of Delaware.
I am a leader with integrity who will be focused on the citizen’s business, which is accurately reporting on how taxpayer funds are used. Delaware deserves an Auditor’s office that is trustworthy and focused on the work at hand. I will restore transparency, accountability, and leadership to the office of Auditor of Accounts. Please vote for me on September 13 and together we will make sure the people’s work is getting done.
Someone vaguely matching Pete’s description shambles around the Delaware State Troopers’ Association in Cheswold, sporting a pair of ‘America’s Mayor’ slippers (a likeness of Rudy’s grinning head looming above each foot), a pair of boxer shorts emblazoned with AK-47’s, and an oversized bathrobe that had gone missing earlier that same day from outside the Shower/Waterboarding Room. He appears to be rummaging for table scraps.
When approached, all he said was, “I am unavailable for comment.”
If Carney’s tenure as Governor proves one thing it is that a Governor can be as powerless as they want to be. “Impotens sum”
Agreed. P.S. Love the Latin
How do her convictions match up to the ‘infamous ‘ crime statutes? I think they would disqualify her as a candidate but do not require her to resign her current office.
I don’t think the ‘infamous crimes’ statute applies.
Judge Bifferato permitted Herman ‘The Lesser’ Holloway, Jr. to again run for office because he determined that infamous crimes did not apply to misdemeanors.
However, there are two other portions of the Constitution that enable her removal, but only with the involvement of the General Assembly.
Maybe, if/when Speaker Pete resurfaces, we’ll get some clarity. To me, it looks like the proceedings need to start in the House.
As always, great hearing from you, Mark!
El Som, Rob and I are planning on exploring each of the “what’s next?” options under the Del. Constitution in the next Bunker episode.
My reading is that Article 2, Section 21 *is* applicable to Kathy here because she’s technically sitting in an “office of trust, honor or profit under this State.” (Now, does Kathy comprehend that? That’s the real question.)
However, since three misdemeanor judgments of conviction don’t constitute an “infamous crime” under Delaware law (see the recent case about the ex-Newport chief of police who backed up into a pickup truck and then deleted all the video evidence), Section 21 doesn’t trigger any ban on public office for K-Mac.
I have NO IDEA re: her future eligibility to run for Auditor (or another statewide office) in the event Carney unilaterally were to remove, if the GA were to impeach/convict, or if the GA were to request Carney remove her. That issue seems to be silent under the Del. Constitution.
¯\_(ツ)_/¯
My (bold, maybe?) prediction is that the Governor doesn’t do anything, and something leaks out about the House not having 2/3 or more votes to impeach or request Carney to remove. Expert local reporters spot Pete at Henlopen Oyster House and ask him for comment, to which he replies, “c’monnn, I’m on vacation.”
Good work Bill but the Speaker is more of a Sharkie’s and Starboard kind of guy:).
Ya got some poo on your nose there, mark.
You clearly don’t know Mark Brunswick.
^THIS^
Article XV § 6. says “The Governor shall remove from office any public officer convicted of misbehavior in office or of any infamous crime.”
So we all wrongly assumed (at least I did) that when McG was found guilty, the governor “shall” remove her.
But it turns out when you are found guilty, you aren’t actually convicted yet, assuming Carney’s statement is correct:
“the governor has no power to act until after the entry of a judgment of conviction by the Superior Court. (See Slawik v. Folsom, 410 A.2d 512 (Del. 1979). The Superior Court has not yet entered a judgement of conviction in the proceeding.”
I guess the appeals have to be exhausted first before the actual conviction is filed. Hey, if she manages to win election, maybe she “shall” be removed by the next governor.
Fortunately, appeals don’t have to be exhausted. Conviction occurs when post trial motions are concluded and a sentence is issued. That is when the Governor’s unilateral removal power is possible. That could take weeks, but typically not longer. Until then, the GA could remove her through the Article VI impeachment process (two-thirds of the House impeaching and two-thirds of the Senate convicting) or through the Article III removal process (two-thirds of both chambers the Governor).
Right, that’s it. Since the Governor is unlikely to call the GA back, it’s up to the AWOL Speaker to get the ball rolling.
Anybody heard from him?
He was spotted bicycling along “Delaware Way” near Henlopen Acres with an unidentified woman laughing with her:)
Wood is playing hardball. You have to admit he has a point that Megan Sokola and Alexis Poore, 2 important leaders in the Delaware State Senate children were hired for summer money. ( well
Till Poore was dumped by her own caucus )
Jesse Chaderdon, trying to take responsibility like he has any real power is laughable.
Word of advice to all elected officials, just don’t hire your kids! It’s looks cringe af
But they weren’t hired by their parents. False equivalency.
And yeah, of course they were hired for their last names. But THEY WERE NOT HIRED BY THEIR PARENTS. Capice? What part of that don’t you get?