Republican lawmakers warned the chief clerk of Maryland?s House of Delegates would become “the fall guy” for a disparity in state records they hope will invalidate tax hikes passed during the special session, according to court records released Thursday.
In a four-hour interview Wednesday, an at-times tearful Chief Clerk Mary Monahan said Republicans repeatedly questioned the decision to allow the Senate to adjourn without consent from the House. In a lawsuit scheduled for a hearing today in Carroll County Circuit Court, they allege the adjournment violates state constitution and invalidates all legislation passed.
In her deposition, Monahan described an emotional exchange with Baltimore County Republican Del. Wade Kach, who is not named in the suit.
“He took me aside and said, ?You?re the fall guy. Your head is going to roll. You?re going to take it for the House and Senate,? ” Monahan said.
“What was his expression when he said that?” asked Irwin Kramer, attorney for the Republicans filing suit.
“Grim,” Monahan replied.
The case hinges on a pair of letters purportedly exchanged between the chambers ? one dated Nov. 9, the other Nov. 12 ? to document the Senate?s request for adjournment and House Speaker Michael Busch?s verbal consent.
Monahan testified she instructed her assistant, Colleen Cassidy, to write both Nov. 12.
Cassidy, Monahan said, dated the House consent letter Nov. 12 and wrote a letter on Senate letterhead to save its secretary, William Addison, a trip to Annapolis.
Cassidy dated the letter Nov. 9 because it was the last date the Senate was in session, Monahan said.
During the deposition, Monahan said she had Addison?s express permission to write the letter on his behalf. Monahan said she was severely ill that day and acknowledged her “judgment was impaired.”
“Have you ever had a 24-hour flu bug with high fever, dizzy to the point that I almost called 911?” Monahan asked
House officials said the suit has been personally trying for Monahan, chief clerk since 1992. An original court date in December was postponed after Kramer told a circuit court judge Monahan was in hiding and the subject of an FBI investigation.
In the deposition, Monahan?s private attorney, David Thompson, said an FBI agent has attempted to contact Monahan. Thompson said he has left five messages for the agent but has not received a call back.
Thursday, Maryland Attorney General Doug Gansler declined a request from Republicans to investigate the matter.
