As Maryland’s top prosecutor, Attorney General Douglas Gansler is supposed to make sure everybody obeys the law, including members of the General Assembly. But, after refusing to investigate credible document-tampering charges in connection with the Maryland General Assembly’s special session last fall, Gansler then tried to prevent the deposition of a key witness. Because Gansler won’t do his job, Carroll County Circuit Judge Thomas Stansfield should order a criminal investigation and get to the bottom of the latest scandal in Annapolis.
At issue is a backdated letter from the Maryland House to the state Senate that Maryland GOP leaders contend violated the state constitution. The constitution requires both chambers to consent prior to adjournment by either one of them. The letter, ostensibly from the secretary of the Senate, is dated Nov. 9 — the last day the Senate was in session, even though it was actually written Nov. 12 by an assistant House clerk.
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That means, according to the Maryland Republican Party, all legislation approved during the three-week special session is invalid — including Gov. Martin O’Malley’s massive tax increase — because the Senate adjourned without the official consent of the House.
At first, Gansler pooh-poohed the GOP charge, claiming it was just a partisan media stunt based on an innocent clerical mistake. Why then did he spend weeks unsuccessfully trying to block testimony from Mary Monahan, the House’s chief clerk, even filing a last-minute appeal on Christmas Eve?
Despite Gansler’s efforts, Monahan — who is paid nearly $60,000 annually and is on the executive committee of the American Society of Legislative Clerks and Secretaries — was deposed Jan. 2. Monahan tearfully explained that she was instructed by Senate Secretary William Addison to backdate the letter. But Monahan was home sick, so she asked Assistant Chief Clerk Colleen Cassidy to do it. Monahan also said she ordered her staff not to tell House members about the fabrication. Does that sound like a mere clerical error?
Gansler now claims House Speaker Michael Busch orally consented to the Senate adjournment during a Nov. 9 telephone call with Senate President Thomas V. Mike Miller. Busch and Miller may think they speak for the entire General Assembly, but that’s not what the Maryland Constitution requires. And neither apparently made any effort to correct the official record.
Maryland General Assembly Republicans are scarce, so they are generally ignored by Democrats who have run the place unchallenged for years. Anybody who expected Gansler to challenge business as usual in Annapolis now knows better. It’s up to Judge Stansfield to protect Marylanders from this latest illustration of the evils of one-party rule.
