Can FCC Chairman Martin be Impeached?

[mirrera]

He is clearly working for someone other than us. He is not following the mandate of the people or the Senate... What does someone have to do in this government—besides be a Democrat— to get fired/investigated/jailed?

[whistle]

1. Any government offical can be impeached

[MannyGoldstein]

2. By The "Yes Mr. President Sir!" Democrats?

I wouldn't bet on it. But, in theory, in an alternate universe of good governance, I think he could.

[onenote]

3. I'm sorry, but what high crime or misdemenor has he committed?

I've had my own battles with Martin and have no doubt that he's a terrible Chairman. But that's not an impeachable offense. And he can't do anything alone -- it takes three votes. Today he got three votes on some items by getting the support of the other two repub Commissioners. On another matter -- limiting concentration in the cable industry -- the other repubs dissented, but he got the votes of the two Democrats.

If and when Congress passes legislation dictating to the FCC that it shouldn't have repealed the newspaper/broadcast cross-ownership rule (and I hope they do) there will be a mandate that the FCC is required to follow. But COngress hasn't acted -- its threatened to act -- and there's a big difference, legally speaking.

[mirrera]

5. One of the Democrats has been saying that dirty politics is behind the decision.

Senator Kerry asked Martin pretty much who he was working for because he wasn't listening to the people, and he wasn't listening to the United States Senate. After his hearing on a Friday in Seattle his op-ed in the NY Times came out that tuesday. He was asked at another hearing whether he had drafted that op-ed before the hearing. He admitted he had done the draft before. They asked him when he sent it in, he couldn't remember. It was clear to the people and the Senate that he followed the rules in name only. Had studies done, didn't read them. Held hearings, didn't listen to a word the people said. I watched the hearing and when someone asked him whether or not there was something financial riding on the rush, he said no. It is all financial.

If they looked I think they would find crimes. But thank you for reminding me, they may not be high crimes and misdemenors.

Something does not smell right.

[onenote]

6. they wouldn't find "crimes" -- they'd find administrative law violations

And if every chairman of every agency that had a rule overturned for violating the APA was removed from office as a result, no one would ever want such a job.

Indeed, while I think Martin has stretched the APA beyond the breaking point, the courts have interpreted the procedural rules governing action by independent agencies very loosely and its very unlikely that a violation could be found simply because a draft order was prepared before the comment period was complete. The reason is that there is opportunity (and indeed an expectation) that draft orders will be revised as the process of hammering out a final decision is issued.

[mirrera]

7. Thank you for clarifying. n/t

[Double T]

4. The FCC is just another criminal division of THIS criminal WH.

The WH still has more than 12 months to completely destroy America; don't bet against THEM doing it!

[KharmaTrain]

8. Dorgan Is Talking About This On C-SPAN

The problem isn't just Martin, but 2 other Repugnicans as well. They can use their 3 votes to ram through whatever they want. Martin's a toadie for the booosh regime as are the other two Repugnican commissioners.

The action now goes to the House...get a vote to overturn this awful rulemaking and prevent Martin and the repugnicans from trying more of this crap.

From what I can see, there are plenty of votes to overrule in the House and it'd be a close vote (even with 60) in the Senate. But, of course, boooshie sits with his beloved veto.

Dorgan just said that a re-structuring of the FCC will be a priority of a new Democratic administration...I hope he's right.