New Mexico has largely shrugged off Republican calls for the impeachment of Gov. Lujan Grisham in the wake of her controversial order banning the carrying of of firearms in Albuquerque (an order since stayed by a federal court and then amended by the Governor). That's probably because the public perceives impeachment as a tool reserved for overt criminals act. While disagreeing with the order they don't see her gun ban rising anywhere near that level.
Here's what the NM Constitution says about impeachment via a memo from the Legislative Council Service:
The Constitution of New Mexico provides that elected state officers may be impeached for "crimes, misdemeanors and malfeasance in office." The sole power to impeach rests with the New Mexico House of Representatives. The "concurrence of a majority of all members elected" to the House is required to impeach.
The dictionary definition of malfeasance is "wrongdoing or misconduct by public officials" so impeachment can be a political decision.
Lawmakers under intense scrutiny could be expected to follow criminal law but it's not required. Technically a majority of the state House could impeach MLG because they did not like the color of her hair and send the matter to the state Senate for a trial.
MLG impeachment advocates maintain she violated her oath of office to uphold the Constitution with the gun ban.
In addition to a public not backing the radical remedy of impeachment there are the numbers. Given the partisan breakdown of the current Legislature and the shaky grounds impeachment rests on, it's a near impossibility for MLG to be impeached by a majority of the state House. Here's why with the help of a social media commentator:
Under the NM Constitution, to call themselves into an extraordinary session to consider impeachment the Legislature needs approval of 3/5 of the members of each chamber. The House has 70 members, the Senate has 42. So 3/5 is 42 Representatives and 25 Senators who would need to sign on to a session for impeachment. And this is all over a 30-day executive order by the Governor that has already been amended and will have expired long before a session could be held. The House has 45 Democrats and 25 Republicans; the Senate has 27 Democrats and 15 Republicans. Assuming all Republicans are on board, they would need 17 Democrats in the House to impeach and 11 Democrats in the Senate to convict her. How likely is that? All the legislators calling for impeachment know (or should know) all this. But that's not the point, is it?
R'S ON THEIR OWN
It's notable that not one Democrat has signed on to impeach the Governor. At last count 15 of the 25 Republican Reps and four of the 15 GOP Senators had signed a "certification petition" being circulated to get an extraordinary session for impeachment. Neither GOP Senate leader Greg Baca or House leader Ryan Lane have signed.
Even if the impeachment advocates fail to get the extraordinary session they seek--and they will fail--trying to impeach the Governor at the regular 30 day session of the Legislature is also a doomed effort to be nipped in the bud by the majority Democrats.
Republicans might be better off talking about what they can do to reduce the gun violence but the emotions set off in their party by the issue of gun control is driving their agenda.
INTEGRITY MATTERS
If the House somehow impeached MLG the Senate would proceed to a trial and Democratic Senate Judiciary Committee Chairman Joe Cervantes of Las Cruces would be a key player. He's made clear his position:
OK. I now have 1,000 emails to impeach the Governor. Of you who wrote, please let me know which of you also promoted impeachment of the last President for an unconstitutional coup. Integrity matters.
DEBATING VASQUEZ
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| Vasquez & Herrell |
Joe,
I am a big fan of you and your blog, but I think you missed it regarding Gabe Vasquez and his vote on MLG's gun order. I think he did the right thing. First the order was widely condemned as a stunt which would not lower the murder rate in Albuquerque and is probably unconstitutional. Support, even lukewarm, would make him look foolish. Second, his district is a bright purple with a lot of pro Second Amendment voters. His vote burnishes his street cred among the admittedly few moderate Republicans and independents who might vote for him, but every vote counts. He only won by 1350 votes in 2022. And third, for those same voters, it shows that he has the courage to buck his own party for what he thinks is right, and is not a tool of the Democratic machine. For all those reasons, I think it was a smart move.
Thanks, Ralph. We should point out that we did not not urge Rep. Vasquez to endorse the gun ban in any way--not even "likewarm--but to go ahead and firmly oppose the ban but also oppose the House Republicans move to condemn the Governor.
David Baake Las Cruces came with this:
Joe, It is irresponsible to cover the Vazquez-Herrell race without mentioning, in every single article, that Herrell tried to overturn the 2020 election and install a President opposed by 55% of New Mexicans.
And bringing up Gabe’s comments about police funding, without mentioning that Herrell maintained close ties with Cowboys for Trump founder Cuoy Griffin until after he was arrested and sentenced to prison for his role in the January 6 insurrection?
Fortunately, those of us in the 2nd District haven’t forgotten Herrell’s role in aiding and abetting the attack on our democracy. But you and your readers might benefit from a refresher:
In September 2019, days before President Donald Trump held a rally in Rio Rancho, Herrell had posted on her campaign Facebook page that “Cowboys For Trump is truly one of the endorsements I am most proud of! Keep up the great work, Couy!” She did not denounce him after he stormed the Capitol on January 6. She did not denounce him when, the day after the Capitol Riot, he called for a "2nd Amendment rally" on the steps of the Capitol that would see "blood running out of that building." It took a federal criminal conviction for her to finally distance herself from him.
Herrell aided and abetted an attack on our democracy.
Thanks, David. We agree that Herrell's election denialism should be a campaign issue. However, it's not incumbent upon us to mention it "in every single article" we write about the race. Just as we would not mention Vasquez's past call for defunding the police each time we covered the campaign.
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(c)NM POLITICS WITH JOE MONAHAN 2023
(c)NM POLITICS WITH JOE MONAHAN 2023