Thursday, November 09, 2006
Sorry, folks
The Daily Cal reports on impeachment:
Among the alleged violations cited in the charge sheet is the failure to provide a written, audio or visual transcript of the campaign violations hearing during which Suken Vakil, the Student Action executive slate's designated spokesperson, made statements the Judicial Council later deemed perjurous. Here, the JRP violation is that the Judicial Council failed to make this recording. But Sonya Banerjee wasn't chair at that hearing, Bobby Gregg was. Which makes blaming Sonya tough, because they aren't blaming any of the other justices on the grounds that Sonya was the chair. If their argument is that this means there wasn't enough evidence or some such, then their problem is with the decision of the Judicial Council, not Sonya's duties as the chair. And impeaching Judicial Council members for their decisions is not allowed, generally.
The charge sheet also accuses Banerjee of accepting a case after the filing deadline, mistreating Vakil as a witness, imposing improper punishments and violating defendants' rights as guaranteed in the ASUC constitution. Accepting the case is done in a closed session, and the vote is not released. We don't even know if Sonya voted to accept this case, and as chair, she had no authority to force others to vote in certain ways. She could not subsequently accept a motion for dismissal on these grounds (which is the angle the impeachers are taking) because they don't introduce anything new. This part also makes some claims about interpretation of the bylaws, but there's no reason the Senate's interpretation should be accepted over the Judicial Council's, and there is very good reason why the Judicial Council's should be accepted over the Senate's: The Constitution says so.
The senate will hear the trial in open session and deliberate in closed session before voting on Banerjee's impeachment and removal in open session, Gupta said. On what grounds can they close deliberations? None, of course. The Constitution doesn't allow session closure for this type of thing.
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