Analysis: Is Maryland’s Attorney General An Unimpeachable Source?

Will the House of Delegates impeach Attorney General Doug Gansler?

That’s the question Del. Don Dwyer has promised to ask the House to consider Wednesday. Dwyer, a socially conservative Republican from Anne Arundel County, believes Gansler broke the law with his February opinion that Maryland courts would likely recognize same-sex marriages performed in other states, despite their prohibition in Maryland law.

The question that has stymied Dwyer, and will likely derail his attempt tomorrow is: Can the House of Delegates impeach an attorney general?

The answer so far is no. Who says so? The Attorney General’s office, which acts as counsel to the legislature.

You can understand why Dwyer might not have full confidence in the three different opinions the legislature’s lawyers, who work for Gansler, have issued in the past month.

They give House Speaker Michael Busch little choice in ruling Dwyer out of order when he moves to impeach.

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