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AG Thurbert Baker: Are Your Pants On Fire Yet?

Sunday, February 09, 2003

By PV Staff

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Rumors have it that the letter written last week by Georgia's Attorney Ghoul, Thurbert Baker, to Governor Sonny Perdue was FIRST faxed to the Atlanta Journal & Constitution, and then it was "hand-delivered" to the Governor. Rumors further have it that the reason why the Governor appeared to be so steamed was not due to the letter itself, but the fact that he first had notice of the letter as a result of an AJC reporter calling him and asking him about it, rather than the (Dis-) Honorable Thurbert Baker having it delivered first to the Governor.

The letter in question is Baker's response to the Governor's statement that Baker should not pursue the appeal to the U.S. Supreme Court on the state's redistricting maps. Baker states the following:

"Dear Governor Perdue,

Thank you for your recent request that I dismiss the [State of Georgia v. Ashcroft case's] appeal currently pending before the United States Supreme Court...Many have said that redistricting is inherently a political process, and whether I elect to dismiss the appeal or not, my actions will no doubt be criticized by some. As Attorney General, however, my responsibility is to provide sound legal representation on behalf of this state--- nothing more, nothing less...

...Since the year 2001, the state has spent $1.2 million in legal fees and expenses related to the preclearing [of the maps drawn in the 2001 Special Session]...

...I must do what I believe is in the best legal interests of the people of the State of Georgia."


PV Consults With Our Legal Department for Pre-Clearance Of Our Response: Attorney Ghoul Thurbert Baker is lying his ass off. He is not proceeding with the appeal, which is in direct conflict with the Governor's wishes to drop the appeal, on the basis of it being "in the best legal interests of the people of the State of Georgia." He is doing it specifically for partisan reasons, and we have the proof of our claim.

Our proof comes from a very, very interesting letter that was written by two attorneys hired by the State of Georgia to act as "Special Assistant Attorney Generals" ("SAG") for the State of Georgia in their case filed against the Justice Department. The two SAGs, David Walbert and Mark Cohen of Troutman Sanders brazenly admitted, in a October 23, 2001 letter to the Justice Department's trial attorney, David Becker, that the maps were drawn for the Democrats to take control of the state. We quote from Page 5 of their letter:

"Indeed, it is no secret that the reapportionment process was driven in largest measure by partisan politics, with an effort made by the Democratic Party leadership in both House and Senate to increase the chances for Democrats to either maintain or increase their strength in both state chambers as well as in the United States House of Representatives...These efforts by the Democratic Party..."[you can download the PDF and view this letter on page 13 of the PDF document]

PV Goes Hmmmm...: There we have it. In the AG's own lawyer's handwriting that the redistricting process was driven by the Democratic Party for Democratic Party interests and NOT "the people of Georgia"as Baker now tries to claim.

Furthermore, it would seem to us that since AG Baker has provided us with the fact that his department has expended $1.2 million in legal fees defending maps drawn specifically by and for only Democrats, it would appear that Baker has used his elected office to give a Contribution-In-Kind to the Democratic Party of Georgia. Looks like a violation of the Ethics in Government Act to us.

PV Explains The Constitutional Crisis of AG Baker's Actions: In most states, the Attorney General is required to act as the executive branch's lawyer. Same thing here in Georgia. Baker apparently missed reading that part of the Georgia Constitution. To wit, in Article 5, Section 3, Paragraph 4, it states the following:

Attorney General; duties. The Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall be required by law.

In this case, the executive is Governor Sonny Perdue and it is he who decides whether or not to pursue a case on behalf of the state of Georgia, not the lawyer himself. In short, Baker is Perdue's bitch, and he is violating the Georgia Constitution on behalf of partisan reasons, rather than the legal reasons he so claims to hold so dearly.

This violation of the state constitution, coupled with the admittance by the AG's hired guns that the form of the maps were driven in large part by the goals of the Democrat Party, directly assails the concept of an impartial Attorney General's office. He is spending our tax dollars for the sole purpose of defending maps drawn for partisan reasons. That doesn't sound like something the "people of Georgia" would approve of.

We hereby call on Thurbert Baker to resign as Attorney General and to turn in his law license. He is a disgrace to both the residents of this state, and to the practice of law.


PV Staff

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