House could impeach state auditor
House could impeach state auditor

By Michael McNutt

Published: February 17, 2008

House members this week are expected to begin the impeachment process against state Auditor and Inspector Jeff McMahan, who faces a nine-count federal indictment and has not been at his state Capitol office in nearly a month.

It seems certain the House of Representatives will approve a resolution calling for the formation of an impeachment investigative committee.

If the committee makes recommendations to file articles of impeachment, it is possible that impeachment proceedings could wrap up before the end of this year's regular session, House Democratic leader Danny Morgan said.

Since it also is likely that the Legislature will have a smaller budget to work with this session, lawmakers could finish budget work early and spend the last weeks before the May 30 scheduled adjournment to take up impeachment proceedings and avoid a costly special session, Morgan said.

This would be the second time in four years the House would pursue an impeachment of a statewide elected official. The House in 2004 impeached then-Insurance Commissioner Carroll Fisher.

Fisher resigned shortly before his impeachment trial could begin in the Senate.

The twist in this year's impeachment proceedings would be that Republicans instead of Democrats are in control of the House, and the Senate is evenly split. Democrats controlled the House when Fisher, a Democrat, was impeached.

McMahan is a Democrat.

"We can't approach this haphazardly.

"I want this to be an effort by the House doing our duty and not having any partisan tone to it all. I don't think that would be right. To be respectful of the situation, I think it requires we have a bipartisan approach to it,” said Benge, R-Tulsa.

Morgan, D-Prague, said he realizes impeachment proceedings against McMahan are "something we're inevitably going to do. I just want to make sure that we're not interfering with what the federal grand jury's doing. I just don't want to get ahead of the prosecution.”

Benge said a couple details of the resolution are still being worked out, but it could be brought up on the House floor this week.

Rand C. Eddy, McMahan's attorney, said impeachment proceedings are premature.

"I would hope, and obviously Jeff McMahan would hope, that the Legislature would just let the judicial process resolve this matter,” Eddy said. "It seems like the Legislature is acting on a presumption of guilt as opposed to innocence, which is contrary to our country's principles of justice.”

They are accused of accepting improper trips and illegal campaign contributions from a southeast Oklahoma abstract company owner.

McMahan did not show up at his Capitol office for several days after his indictment. After he and his wife pleaded not guilty, McMahan turned over the daily operations of his office to Deputy State Auditor Michelle Day.

His trial recently was postponed until June 2. Eddy said the delay was because the case is complex with many grand jury documents and reports.

"McMahan is in a position where he expects an acquittal in June and to be able to resume his duties as auditor and inspector,” Eddy said.

Benge said it's possible House members could take up House Resolution 1051, which calls for the formation of an impeachment investigation committee, as early as Monday.

If the resolution passes, Benge would name the eight committee members.

He said he will name four Democrats and four Republicans. A member of each party would serve as co-chairman.

Morgan said that approach is "the only way that you can do that to make sure that there is no partisanship that occurs.”

Benge said late last week he had not determined who would serve on the committee.

Reynolds said he believes McMahan's absence should be among issues an impeachment committee should consider.

The committee would have the power to subpoena witnesses, documents and records; take testimony under oath; and request punishment for contempt for "any disobedience of process,” according to the resolution.

If the House approves articles of impeachment against McMahan, a trial to remove McMahan from office would be held in the Senate. A House member would serve as prosecutor.

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