Buckeye State Blog - Dann says he can't be impeached over scandal - Comments

Poor Dann

wiscgirl — Wed, 07 May 2008 11:19:56 -0700

It's sad that Dann has been involved in such a scandal.

From Nick D:

The poster of this comment has chosen to remove most it of her own accord, and sent me the following note:

Let me start out by saying I'm sorry, I was out of line and broke my own policy of no blogging. This is a personal matter between Jessica and I was wrong in making the comment. It was not my intention or goal to hurt the party, and I'm sorry if my comments did so. You do not need to worry about this in the future, I will NOT be blogging on any matter. I exaggerated and my personal attacks on Jessica have no substance or proof.

I want to know too

GrumpyYoungMan — Sun, 04 May 2008 12:22:41 -0700

What can we do to contribute to the process to remove this pompous buffoon?

Dann's Second Chance

Kitty — Sun, 04 May 2008 09:25:26 -0700

We do need a mechanism in Ohio for easy recall of elected officials. The "outraged" Republicans should enact such legislation -- maybe we could have gotten Taft out of office then, and Voinovich before him (whom we instead promoted to Senator although then Secretary-of-State Taft sat on a federal indictment against him until after he was elected.)

I could only wish the EEOC was really as vigilant as the above post suggests -- maybe in this case, but usually they are rather toothless. The media has been so partisan it is ludicrous, but they didn't elect him.

Of course, the Dispatch is calling for his resignation, as well as other editorials. Thy broke the story, it is selling newspapers as only a sex scandal can, but ultimately, they are not voters.

All the new Dems have made some dumb mistakes - they have not held statewide office for 16 years, and stupidly did not clean office, did not turn to seasoned administrators from the Celeste administration, and made the ignorant mistake of putting their campaign staff in high-ranking professional positions.

I’m not holding a lot of respect for those that are distancing themselves, because all readers should know this is part of the politico scenario.

I'd give him a second chance and hold his feet to the fire on the changes that need to be made in legal culture, political culture, and his own office culture, all of which reek of sexism.

Yeah, I’d hold all the politicos accountable for this and call for some far-reaching changes in their baby boy culture.

Right? Do not let him off the hook with a resignation. Insist that he completely revamp his office, including putting some high-ranking women into that locker room, and let him demonstrate to the other politicos, who really all practice some form of despicable sexism, politics being the last bastion of the boys club, how it is done.

Can you do that, Marc?

The Dispatch weighed in this morning

nzbobster — Sun, 04 May 2008 05:59:42 -0700

...to say that "Dann Must Go" (editorial headline). He's a total idiot who has no place in any level of government.

AG office wrong place to look stupid and incompetent

cadfile — Sat, 03 May 2008 23:21:55 -0700

Did Dann even think that hiring his "buddies" was not a good thing? Not to mention the various staff members who had to be fired because they either were working another job on state time or they "slipped through" the background checks. And this is from the office of the lead state law enforcement officer and he claims ignorance???? I don't think he should resign just for the sexual harrassment bombshell but all the other "mistakes" his office has made. The buck has to stop somewhere and in an office so messed up it has to the person in charge. We now have the Ohio version of George W. Bush.

Lest we forget.....

Schmennis — Sat, 03 May 2008 20:45:29 -0700

Please don't forget that the Federal EEOC is currently investigating and will not be influenced by the AG's "internal" investigation.

The internal investigation means little once the EEOC is involved. The EEOC practices a zero-tolerance policy re: sexual harassment complaints.

Also, don't forget there will be CIVIL action which might include investigating what Marc Dann knew and WHEN. He won't be able to hide emails and tell investigators to "back off." Dann will also, not be able to hide from the EEOC if HE instructed people to destroy emails and texts messages or redact emails previously released. I can't wait to see Leo Jennings on the witness stand trying to fend off questions re: Dann's knowledge. I actually expect Anthony Gutierrez will commit suicide at some point.

Someone still has to answer to accusations of a "set-up" of a marijuana possession charge during a traffic stop.

Although the EEOC is a bipartisan commission comprised of five presidentially appointed members, EL Presidente appoints a General Counsel, who provides legal advice and leadership, including coordination and supervision, to EEOC. In other words a REPUBLICAN appointee.

Just as the FBI took down Elliot Spitzer at the direction of Bush appointee Robert Mueller so could Marc Dann face partisan motivated scrutiny by Bush appointee Ronald Cooper.

History Lesson?

TAmber1 — Sat, 03 May 2008 17:53:06 -0700

I have been trying to research prior instances of the Ohio General Assembly impeaching a judge or a statewide official and I have found none at all. Are there any out there? They may be instructive.

Dann says he can't be impeached over scandal

modernesquire — Sat, 03 May 2008 17:18:32 -0700

But why should we believe him?

"The governor, judges, and all state officers, may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office under the authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law." - Art. II, Section 24 of the Ohio Constitution

Note that an argument could be made that the Ohio Constitution actually has a different standard than that under the U.S. Constitution. Regardless, there is virtually little case law, especially recently, that interprets exactly what the threshhold is for impeachment under the Ohio Constitution. The term "misdemeanor" cannot literally mean a criminal offense as defined in Chapter 29 of the Ohio Revised Code, for that would exclude felonies.

So what could the term misdemeanor mean if not a minor crime in office? Well, another common definition for "misdemeanor" is the broader "any misdeed."

Did Dann commit any misdeeds in office? Well, there is the obvious inappropriate, yet technically consensual, sexual relationship with a subordinate in office.

What about Dann's conduct in the internal investigation? Dann did not disclose that he had an inappropriate sexual relationship with a subordinate. On Friday, he admitted that may have lead to the hostile environment that resulting in these complaints. As I wrote yesterday, Dann told Espy, on the record, that he didn't think that questions as to why Utovich may have occasionally spent the night at Dann's condo were relevant to the inquiry or appropriate. Dann knew, or should have known, that such questions were relevant and instead objected because he didn't want to be forced to admit the truth or perjure himself. By actively instructing his subordinate who was investigating Dann to steer away from a relevant area of questioning, a case can be made that Dann interferred with the investigation.

Dann's hiring practices, while not criminal, can also be considered misdeeds, especially as it relates to his history of ignoring relevant prior criminal convictions of some of his employees.

Dann says that there is no basis to impeach him. When he says that, is that the Attorney General talking on a matter of constitutional law, or is that Marc Dann, embattled politican, talking? We simply can't trust Dann on this issue.