Lawmaker: Impeach Attorney General Koster

Resolutions focus on lack of same-sex marriage appeal, influence of contributions

With four weeks to go in this year’s legislative session, a southwest Missouri state representative wants his House colleagues to impeach Attorney General Chris Koster.

“I’ve been pondering this for some time and I had, actually, determined to file them earlier,” Mike Moon, R-Ash Grove, explained Monday. “I have been seeking counsel. Those meetings have come to an end and, so, I’ve decided to file them now.”

Moon has two resolutions.

One questions Koster’s decision not to appeal an Oct. 6, 2014, decision by Jackson County Circuit Judge Dale J. Young that Missouri must recognize same-sex marriages from other states — eight months before the U.S. Supreme Court ruled same-sex marriage is legal throughout the nation.

“Koster has explicitly indicated to the media that his reason for not appealing this circuit court decision was based on his own views and not considerations of his lawful duty to defend the Constitution of Missouri,” Moon’s resolution says.

Marriage generally is considered to be a contract, and the U.S. Constitution prohibits states from passing any law “impairing the Obligation of Contracts.”

In Koster’s statement the day Young’s decision was released 18 months ago, Koster said: “Our national government is founded upon principles of federalism — a system that empowers Missouri to set policy for itself, but also obligates us to honor contracts entered into in other states.”

Moon countered Missouri voters, in August 2004, amended the state Constitution to say “that, to be valid and recognized, a marriage will be between a man and a woman. … So, that’s our state law.

“And, I believe, that — whether it is contrary to a Supreme Court decision or an appeals court decision — it needs to be challenged.”

Koster spokeswoman Nanci Gonder told the News Tribune

Monday: “Our office’s decision regarding the marriage case was supported by opinions of the United States Supreme Court.”

Moon’s second resolution wants the House to study the effects of campaign contributions to Koster on attorney general’s office case decisions.

Citing “news sources,” Moon’s resolution said Koster:

• Ordered his staff to drop an investigation into the company 5-Hour Energy, after being notified by a company attorney whose law firm had donated to his campaign of the state investigation.

• Negotiated a settlement with Pfizer, which was represented by a law firm whose attorneys donated to Koster’s campaigns.

• Received donations from The Simmons Firm, which received a settlement in a state class-action lawsuit against Republic Services.

“I believe (these) raise a flag of suspicion and need to be investigated,” Moon told the News Tribune Monday.

Gonder said Moon’s resolution included “a decision against filing a consumer action this office deemed too frivolous to merit state resources,” and that “our decision regarding the consumer matter was subsequently validated by the House committee that reviewed the issue 18 months ago.”

Both resolutions “criticize” the office’s “discretionary decisions.”

Koster’s separate campaign office accused Moon of “using official resources for political stunts” and determining “it was in the best interest of Missouri’s taxpayers to waste their money by filing frivolous resolutions with no basis in fact.”

Moon said his resolutions aren’t political.

“No matter the season, no matter the party — if there is something that, at least, has the appearance of being wrong against the law, that needs to be investigated,” he said.

If the House agreed to form a committee to study the possibility of impeaching the attorney general, and the representatives then agreed to an impeachment — which is similar to the judicial process of filing a charge — the case would be scheduled for arguments before the state Supreme Court.

Moon acknowledged submitting his resolutions with only four weeks to go doesn’t leave lawmakers a lot of time.

“That’s up to the leadership,” he said.