Impeachment and Forced Removals Increasingly Used as Political Tools at the State Level

In Wisconsin, Republican leaders are considering impeachment proceedings against a newly elected state Supreme Court justice, while also contemplating the impeachment of the state’s election director. In Georgia, a Republican legislator has called for the impeachment of the Fulton County prosecutor, who filed racketeering charges against former President Donald Trump. Pennsylvania House Republicans have already impeached Philadelphia’s chief prosecutor.

Contrary to the traditional criteria for impeachment—which generally involve credible allegations of criminal conduct while in office—these individuals are targeted primarily for holding views contrary to those of legislative Republicans.

This development coincides with a Congressional impeachment inquiry initiated by Republicans against President Joe Biden. It underscores a growing trend of employing impeachment and forced removals as instruments for partisan gain, rather than as last-resort measures against public officials accused of serious misconduct.

In addition, Republicans have utilized other methods such as recalls, legislative actions, and forced removals over the past two years to dislodge Democratic and nonpartisan officeholders, even in the absence of any allegations of misconduct. Critics argue that these tactics are undermining democratic principles by potentially replacing electoral outcomes as the ultimate authority in elections.

Melissa Agard, Democratic Senate minority leader in Wisconsin, has stated that these actions threaten the very foundations of democratic governance. “If electoral outcomes can be undone and votes made irrelevant, why hold elections at all?” she questioned.

In Wisconsin, the issue has received national scrutiny as Republican leaders have threatened impeachment proceedings against liberal Supreme Court justice, Janet Protasiewicz. Republicans demand her recusal from redistricting cases related to Wisconsin’s politically skewed map, even though she has followed the same practices as her predecessors without any repercussions.

Republican Assembly Speaker Robin Vos has been vocal about his impeachment threats, although he has stopped short of making a firm commitment to proceed. “I have not explicitly stated that we will impeach if she does not recuse herself; what I have said is that it would be incorrect for her not to,” Vos noted.

Meanwhile, in Pennsylvania, the impeachment of Philadelphia District Attorney Larry Krasner over his progressive legal policies is in legal limbo, pending a state Supreme Court review. This action came after Republicans lost control of the state House in 2022.

In Georgia, calls from Republican legislators to impeach Fulton County District Attorney Fani Willis were swiftly dismissed by Republican Governor Brian Kemp as “political theater.” State Senator Colton Moore was even suspended from the GOP Senate Caucus for his persistent calls for impeachment.

In contrast, the recent impeachment of Texas Attorney General Ken Paxton, a Republican, stands as an exception. Paxton faced an FBI investigation and indictment on securities fraud charges before being impeached by the Republican-controlled state House. He was later acquitted by the Republican-majority Senate.

Elsewhere, political machinations to remove Democratic or nonpartisan officials without any allegations of misconduct are ongoing. In Florida, two Democratic prosecutors have filed lawsuits against Republican Governor Ron DeSantis, contesting their removals as politically motivated. DeSantis has defended his actions as beneficial for public safety.

In North Carolina, Republicans have passed a bill enabling them to replace the executive director of the state election board, circumventing the state’s Democratic governor. And in California, Democratic Governor Gavin Newsom survived a recall effort by Republicans, where no allegations of misconduct were presented.

Law scholars like Brian Kalt at Michigan State University and Richard Hasen at the University of California, Los Angeles, have expressed concerns about the increasing politicization of constitutional tools like impeachment and recall, originally intended to remove bad actors from power.

“It’s crucial to retain these powers to oust corrupt or incompetent officials, but there’s a rising trend of these mechanisms being exploited for partisan ends,” Hasen observed.

Reported from Madison, Wisconsin by Bauer. Additional contributions from Brooke Schultz in Harrisburg, Pennsylvania.

Frequently Asked Questions (FAQs) about Impeachment as a Partisan Tool

More about Impeachment as a Partisan Tool

• Understanding the Impeachment Process
• Impeachment in the United States: Historical Overview
• The Dangers of Political Impeachment
• State Legislatures and the Power of Impeachment
• The Erosion of Democratic Norms
• Partisan Politics and its Impact on Democracy
• Constitutional Provisions on State Impeachment
• Exploring Gerrymandering and Redistricting
• Recall Elections in the United States
• Legal Challenges in Impeachment Cases