- Alleged Harry Reid bribe (SL Trib)
- Email from Swallow to Johnson titled "Mtg. with Harry Reid's contact" (SL Trib)
- Daily Herald editorial calls for resignation (Herald)
- Salt Lake Tribune editorial says he should resign (SL Trib)
- St. George Spectrum editorial asks for resignation (SGS)
- Richard Rawle used money he received from Johnson to pay John Swallow's company P-Solutions for "consulting work". (SL Trib)
- Swallow transferred ownership of P-Solutions to his wife the same day he filed financial disclosures as a candidate. This transfer meant he didn't have to report the money received from Rawle. (SL Trib)
- Now regulators are going after more attorney general donors. (SL Trib)
- Swallow has a long history of having the appearance of unethical behavior. (Publius)
Despite this long list of evidence of unethical behavior, many are (rightly) saying, "Innocent until proven guilty!" I agree with that sentiment. The question is, how do we determine if he's guilty? The criminal investigations will surely come, and they'll take months or even years to complete the investigation, indictment, and conviction (if it goes that far). But what if he didn't break any laws? How do we determine if Swallow crossed an ethical boundary that merits a removal from office? That's where impeachment comes in.
The Utah Constitution (Article VI Section 16-18) allows for impeachment of certain state officers (including attorney general). It states that they may be impeached for "high crimes, misdemeanors, or malfeasance in office". Malfeasance is "wrongdoing or misconduct especially by a public official".
"The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor." (Article VI, Section 17)
Once the House impeaches someone the "Trial of Impeachment" can begin in the Senate.
"(1) All impeachments shall be tried by the Senate, and senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence.
(2) Upon an impeachment by the House of Representatives, the Senate shall, if not already convened in an annual general session, convene for the purpose of trying the impeachment.
(3) When the Governor is on trial, the Chief Justice of the Supreme Court shall preside.
(4) No person shall be convicted without the concurrence of two-thirds of the senators elected." (Article VI, Section 18)
This is the best way for the people of Utah to gather the evidence, have an investigation, and allow John Swallow to defend himself from the accusations of malfeasance. The impeachment trial can determine if Swallow crossed any ethical boundaries and if he did, he can be removed from office. If he did not, his name can be cleared and he can continue his duties as Attorney General.
If you want to contact your representative and ask him/her to give the people of Utah some closure on this controversy by having an impeachment trial, go here -> http://libertasutah.org/legislator/ - There you will be able to look up your representative's contact info. I recommend calling on the phone first and then send an email.