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The Case for Impeaching Cuccinelli

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ehrnst Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-20-10 09:07 AM
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The Case for Impeaching Cuccinelli
Does anyone know if Brian Moran is on this?

http://www.dailykos.com/storyonly/2010/12/18/929979/-Why-Its-Time-to-Impeach-Ken-Cuccinelli

<snip>When public officials use the full power of the state to turn innocent individuals into scapegoats for the ruling political ideology, that is when the protective mechanisms of democracy need to kick in to prevent such injustices from going any farther. One such mechanism is found in Article IV, Section 17 of the Virginia Constitution, which states:

The Governor, Lieutenant Governor, Attorney General, judges, members of the State Corporation Commission, and all officers appointed by the Governor or elected by the General Assembly, offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor may be impeached by the House of Delegates and prosecuted before the Senate, which shall have the sole power to try impeachments.

Now, no one is accusing Cuccinelli of a crime here, or the "high crime" of treason. But malfeasance is another story.


Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do; as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an act for which there is no authority or warrant of law; as an act which a person ought not to do; as an act which is wholly wrongful and unlawful; as that which an officer has no authority to do and is positively wrong or unlawful; and as the unjust performance of some act which the party performing it has no right, or has contracted not, to do. </snip>
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