Thursday, November 06, 2008

Stan in Roll Call re: Obstacles to Expulsion of Sen. Stevens

“The problem, I think, for the Senate — and in my view a serious constitutional issue — is given the voter condonation of his conduct, I think there are serious questions about whether they could expel him,” said Stan Brand, a former House general counsel and noted white-collar criminal attorney.

“It seems to me that’s a statement by the people of Alaska,” Brand added. “Under the case law there’s a heavy presumption — they’re entitled to have who they want.”

According to an October Congressional Research Service report, both the Senate and House have “expressed reticence to exercise the power of expulsion (but not censure) ... when the electorate knew of the misconduct and still sent the Member to the Senate.”
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