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politics State

Facts Aren’t Always Impartial

I was listening to Doug Wright this morning talking about the John Swallow situation and I found myself laughing at the linguistic gymnastics he was engaged in trying to discuss the situation without suggesting that impeachment might be the proper course of action to untangle the mess that Mr. Swallow has created.

I can’t decide whether the verbal somersaults were a result of Mr. Wright trying to appear unbiased while secretly agreeing with the Eagle Forum that impeachment should be reserved as a tool we use after we know an official is guilty of serious crimes such as the FBI might investigate or if it was simply a result of Mr. Wright not understanding that being personally impartial does not require the pretense that the facts of the situation be impartial – as if there are facts in favor of Mr. Swallow the way there are so many facts that clearly demonstrate that a legislative investigation is already warranted. Of course there are many unproven allegations out there but there are enough allegations backed up with enough evidence to clearly warrant an investigation by the House.

Here is my unbiased (and unvarnished) opinion. Unless the House is able to investigate and prove that the many emails, recordings, and receipts that we already have in relation to Mr. Swallow’s interactions with Mr. Jensen and Mr. Johnson were fabricated then Mr. Swallow has clearly violated the public trust and should not hold any position of public trust – even if everything he did was technically legal as Mr. Swallow obviously believes (which is why he insists on directing our focus to the existing investigations by the FBI – which necessarily cannot address the issue of public trust).

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politics State

Impeachment isn’t the same as Removal from Office

I don’t know if John Swallow’s attorneys are honest (like many people) in mistakenly conflating the opening of impeachment proceedings with the potential outcome of conviction and removal from office or if they are simply perpetuating that misconception in the hopes of protecting their client. Either way, it is once again time to try to clear up that misconception.

The attitude from Mr. Swallow’s attorneys is quite clear in their letter:

“This discussion about impeachment is based on innuendo and unsupported allegations in the press from indicted and convicted felons and a few political enemies of Mr. Swallow,” attorneys Rod Snow and Jennifer James said.

I would expect exactly that attitude from any attorney regarding their own client. The problem is that it misrepresents the situation. Some of the allegations do come from indicted and convicted felons but beyond those indicted and convicted felons the allegations are also coming from many others – not just “a few political enemies.” They may choose to describe everyone who has made allegations as a political enemy but the number of people making allegations can hardly be quantified as “few.”

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politics State

Don’t Be Fooled


Photo by Alan Parkinson

When the news began about accusations against John Swallow his first response was to dismiss the allegations based on the tainted source from which they sprang and then duck his head and send out lots of emails about what “he” was doing for the state. When the volume and variety of allegations increased Mr. Swallow adopted a new standard answer which sounds reasonable on the surface but is likewise meant to distract from the issue arising from the multitude of allegations. His standard andwer is that he has done nothing illegal and therefore he will not resign. Holly Richardson does a great job of explaining the standard which governs the impeachment process and that standard is “high crimes and misdemeanors” not “committing illegal acts.” In doing so she illuminated the way that Mr. Swallow is using his standard answer to deflate the very appropriate calls for impeachment by playing on a general misunderstanding of what constitutes “high crimes and misdemeanors.” Let me start by making this very clear. We tend to think of high crimes being obviously criminal like murder but the fact is that obviously criminal acts such as that are felonies and felons are not even allowed to vote, let alone hold office. Lesser criminal acts are classified as misdemeanors so having ruled those out we can understand that “high crimes” are acts which may not even be actionable in the criminal system. As Holly points out, they are issues such as “breaches of ethical conduct, misuse of power, and neglect of duty.”